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Module 1: Legal Frameworks and Ethical Principles
1. The Canadian legal framework
Think of this as how Canada's legal system works and who is responsible for what.
There are three branches of government:
Legislative branch
Makes laws.
Example: Parliament passes a new law about employment.
Executive branch
Carries out and enforces laws.
Example: Government departments put laws into practice.
Judicial branch
Interprets laws and decides legal disputes through the courts.
Example: A court decides whether an employer broke the law.
What is constitutional law?
It's the supreme law of Canada. It sets out how government powers work and protects people's rights.
Think of it as the foundation that other laws must follow. Other laws cannot validly conflict with the Constitution.
Which level of government affects HR?
Canada has federal, provincial/territorial, and municipal governments.
Federal: Regulates federally regulated workplaces, such as banks and airlines.
Provincial: Regulates most workplaces, including most retail stores, restaurants, and local businesses in Manitoba.
Municipal: Handles local matters, such as zoning and certain business rules.
For your future HR work in Manitoba, provincial employment laws will often be especially important.
2. The two main sources of law
This is an important distinction to remember for quizzes!
Statute law
Written laws
Laws formally passed by Parliament or a provincial legislature.
Example: Manitoba passes legislation setting employment standards.
Common law
Court decisions
Legal principles developed through judges' decisions in court cases.
Example: A court decision helps establish how an employer's duty to an employee should be interpreted.
Easy way to remember:
Statute law = lawmakers write and pass laws.
Common law = judges develop legal principles through decisions.
3. Ethics in HR
Law and ethics are related, but they're not the same thing.
Law tells you what is legally required or prohibited.
Ethics helps you decide what is right, fair, and responsible.
HR professionals sometimes face situations where doing the bare legal minimum isn't necessarily the fairest approach.
Here are the three principles from your notes:
Principle | Plain-English meaning | HR example |
|---|---|---|
Fairness and equity | Treat people fairly and avoid bias | Use consistent criteria when hiring |
Confidentiality | Keep private information protected | Don't share an employee's medical information unnecessarily |
Boundaries | Maintain professional relationships | Don't let a personal friendship influence hiring decisions |
What makes someone an ethical leader?
An ethical leader demonstrates:
Integrity: Doing the right thing, even when nobody is watching.
Transparency: Being honest and open about decisions.
Accountability: Taking responsibility for actions and mistakes.
4. Business models and their legal implications
A business model here refers to the legal structure of a business — how it's set up, who owns it, and who is responsible for its obligations.
Sole proprietorship
One person owns the business. The owner and business are generally not separate legal entities, so the owner can be personally responsible for business debts.
Partnership
Two or more people carry on a business together. In a general partnership, partners can generally be personally liable for partnership obligations.
Corporation
A separate legal entity from its owners. It generally provides shareholders with limited liability, although exceptions exist.
Limited liability company (LLC)
A business structure designed to provide limited liability to its owners. This is a common structure in the United States; Canada generally uses structures such as corporations instead.