Contemporary Canadian Business Law 12th Edition by John A Willes solution manual

 
 
Explain the Common Law system, and how it relates to the function of the courts.
 
Answer:  The Common Law system is a system where the laws are not codified, but may be found in the recorded judgments of the courts. Courts maintain a degree of consistency in the law by following the doctrine of stare decisis (precedent).        
 
 
Does the Canadian Charter of Rights and Freedoms permit the Supreme Court of Canada to override the will of Parliament or a provincial legislature?  If so, in what way?
 
Answer:  The Supreme Court of Canada, as chief interpreter of the legislation, may override the will of Parliament or a provincial legislature where the law violates the Charter.  It may not override if the law is passed pursuant to the s. 33 "notwithstanding" clause.
 
 
If changing social attitudes or values dictate a change in the Canadian Charter of Rights and Freedoms, how would this be accomplished?
 
Answer:  The Charter of Rights and Freedoms may only be changed by agreement of Parliament and 2/3rds of the provinces, provided that the provinces represent at least 50% of the population of all of the provinces.
 
 
Why is the word "law" so difficult to define in a precise manner?
 
Answer:  Law is difficult to define because in practice it is applied indiscriminately to rights, privileges, rules, principles, and statements.    
 
 
In what way does the Constitution Act, 1982 affect the legislative jurisdiction of the Parliament of Canada and the provincial legislatures?  How are questions of jurisdiction decided?
 
Answer: The Constitution Act, 1982 includes the British North America Act, 1867, as amended, which sets out the legislative powers of the provinces and the Parliament of Canada.  If legislation passed by either a province or the federal government is alleged to have exceeded the legislative authority granted to it under the Constitution, the Supreme Court of Canada has the power to decide if the body has the authority to pass such legislation, and would decide if the law was ultra vires.

Mini-Case Problems
 
1.   A freight train derailed, dumping dangerous chemicals into a small stream in British Columbia, causing significant environmental damage. What jurisdictional issues are raised by this scenario?
 
Answer:
The jurisdiction of the province to regulate environmental matters may collide with the       jurisdiction of the federal government in regulation of railways (transportation).
 
 
2.   A coastal province passed a law prohibiting boats and ships from dumping waste along its shoreline. A ship’s captain was later charged with commission of such an offence. What defence may exist to such a charge?
 
Answer:
The defence may be that the provincial law is ultra vires (beyond its jurisdiction), as      regulation of shipping is a matter of federal jurisdiction. 
 
 
3.   Simone believes that genetically-modified foods are extremely dangerous for people to consume. What paths can she take in fighting (legally) for her belief? Which one would be the most efficient? Why?
 
Answer:
While it may be possible for Simone to sue manufacturers of genetically-modified foods
for producing “something dangerous” or seek injunctions against the sale of these goods
(details in later chapters), it  would be far more efficient for her to champion a legislative
response, to see genetically modified foods regulated by government.
 
 
 
Case Problems for Discussion
Case 1
Mary applied for a job at the Millstone Restaurant. She was told her uniform would be a white blouse and black skirt, with a hem three centimetres above the knee. She agreed, but when she started work, she realized that female staff was dressed accordingly, but the men wore white shirts and black pants. At a later date, Mary appeared at work also dressed in a white shirt and black pants. The manager of the restaurant told her she was “out of uniform,” words were exchanged, and Mary was fired. Is there a Charter issue here?
 
Discuss.
 
Answer:
While a differential in dress requirements may or may not be an example of unreasonableness, unequal treatment, discrimination, or harassment, the Charter addresses the individual and his or her treatment at the hands of government, not matters between private individuals.  Mary will have to look toward aspects of common law (later chapters) or provincial labour or human rights legislation.