Assignment 1 - The Canadian Legal System

Read the following fact scenario and answer the questions that follow.

Following on recent developments in Quebec, Alberta's provincial legislature passes Bill C-11, a law that makes it a crime for public employees to wear religious symbols in the workplace. Linus is a devout Pastafarian and works for the Alberta Government in the Department of Jedi Affairs as an account manager. Linus, as part of his faith, wears a colander on his head at all times, even at work. Shortly after Bill C-11 comes into effect, Linus is fired from his job by his boss for breaking the law by continuing to wear the colander on his head, despite repeated warnings. Linus is then charged with a criminal offence for wearing a religion symbol in the workplace under the newly passed Bill C-11, and if convicted could face 3 years in prison.

This scenario is fictional and is merely used for the purposes of this assignment.

Question 1

Does the Provincial legislature have authority under the Constitution Act 1867 to pass a law like

Bill C-11? Explain why or why not. (2 marks)

Question 2

Does Bill C-11 violate any provisions of the Charter of Rights and Freedoms? If so, explain which right(s) have been violated and how. (3 marks)

Question 3

Which branch of government made Bill C-11 a law? Which branch of government would Linus look to if he wanted to dispute the law as being illegal? (2 marks)

Question 4

Assume there is a common law rule that says no one can be punished for wearing a religious symbol in the workplace. Would that common law rule be of any help to Linus? Explain why or why not. (2 marks)

Question 5

What legal system is Linus subject to? What is the major feature of that legal system? (2 marks)