Question
Following and expanding on recent developments in Quebec, Alberta's Provincial legislature passes a law, Bill C11, that makes it a crime to wear religious headgear
Following and expanding on recent developments in Quebec, Alberta's Provincial legislature passes a law, Bill C11, that makes it a crime to wear religious headgear in the workplace. Singh is a Sihk who wears a turban for religious reasons and works for Acme Inc as an account manager. Shortly after Bill C11 comes into effect, Singh is fired from his job, despite having removed his turban while he was at work. To make matters worse, Singh's boss, Kim, was the one who fired Singh. Kim was very rude and, without Singh's knowledge, arranged it so that Singh would not receive his pay for the two weeks prior to his dismissal, an amount of $2,000. Kim never liked Singh and saw this as a great opportunity to humiliate Singh. Singh should also have been given three weeks notice of the dismissal, which amounted to $3,000, but he was not paid this money either. Singh decides to sue the Provincial Government regarding Bill C11 as well as Acme Inc for wrongful dismissal.
Q1: Does the Provincial legislature have authority to pass a law like Bill C11 under The Constitution Act 1867? Explain why or why not. (2 marks)
Q2: Does Bill C11 violate any provision of the Charter of Rights and Freedoms? If so, explain which right(s) have been violated and how. (3 marks)
Q3: In which Court would Singh sue Acme Inc? Explain why. (2 marks)
Q4: Assume Singh is successful in suing Acme Inc. How much in Special Damages would Singh be claiming? What is the purpose of these damages? Could Singh potentially be awarded any other damages? If so, explain the purpose of these damages. (4 marks)
Q5: Assume, after several appeals, the Supreme Court of Canada agrees with Singh and he is successful in suing the Provincial Government regarding Bill C11. What remedy would be awarded?
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