Canadian Hospitality Law – Liabilities and Risk Study Notes

Law Origin:
- The term "law" derives from an Old Norse word meaning "layer" or "stratum".
- This implies that laws are laid down logically and strategically.
Definition of Law:
- According to the Oxford English Dictionary, law is defined as "the body of rules, whether formally enacted or customary, which a state or community recognizes as binding on its members or subjects".
- Limitations of Definition:
- This definition ambiguously encompasses both customary rules of etiquette and formal laws enacted by the state, highlighting the distinction that while both govern behavior, they are not synonymous.
Enforcement Aspect:
- Phillip James, in "Introduction to English Law (1989)", defines law as "a set of rules which are generally obeyed and enforced within a politically organized society".
- This emphasizes enforcement through political authority or private citizens via courts and police, distinguishing them from social mores.

Etiquette, club rules, and contract terms are on a broader continuum of rules governing human conduct and interaction.
Consequences of Rule Breach:
- Consequences escalate in severity along this continuum, from etiquette rules (e.g., using the wrong fork) to serious crimes (e.g., murder) where state intervention is mandatory.
Majority of state laws are noncriminal, regulatory in nature, with exceptions outlined in criminal law statutes.

Positive Law:
- Defined as laws enacted by an authority that are recognized by jurisdictional bodies.
- Proponents argue all under this authority must obey these laws, just or unjust (e.g., Nuremberg trials where defendants claimed adherence to Nazi laws).
Natural Law:
- Defined as laws that are justified on moral, religious, or philosophical grounds, regardless of state enactment.
- Advocates for natural law maintain that individuals have an obligation to disobey unjust laws, as was the case with Hitler's regime.
Civil Disobedience:
- The act of refusing to obey laws viewed as unjust, serving historically as a catalyst for legal and rights advancements.
- Risks descent into anarchy if applied indiscriminately, hence it is encouraged for significant causes only.

Concept:
- Law is defined not by its positive enactment or moral standing but by judicial recognition; judges play a crucial role in interpreting laws.
Judicial Interpretation vs. Legislation:
- The law's essence is determined by judicial rulings rather than just legislative enactment, as legislation may not cover every complex situation.
Judicial Responsibilities:
- Judges must be well-informed, impartial, and skilled interpreters of law. Legislators should be similarly capable while being aware of socio-political contexts.
Definition of Law:
- In a synthesized view, law comprises rules established by the state governing human behavior, enforced by the state or authorized bodies, and interpreted by the judiciary.

Maintain state integrity and order.
Protect citizens from one another.
Provide dispute resolution forums for citizens.
Shield citizens from oppressive government actions.
Establish standards across various sectors including education, healthcare, and workplace conditions.

Public Law:
- Concerns the government and public interest. Includes constitutional, criminal, administrative law, and taxation laws.
Private Law:
- Focuses on interpersonal issues, including contract, family, property, employment, and tort law.
Criminal vs. Civil Law:
- Criminal law aims to protect state and personal security with severe penalties (jail time, fines).
- Civil law encompasses noncriminal issues which typically result in damages and injunctions.
Substantive vs. Procedural Law:
- Substantive Laws: Rights and remedies available under the law (e.g., discrimination laws).
- Procedural Laws: Technical rules on how to enforce rights and remedies (e.g., court filing processes).

Seamless Web Concept:
- Legal scenarios connect various branches of law, e.g., marital breakdowns lead to property law issues.
Public Visibility of Justice:
- Legal enactments, interpretations, and court activities are conducted publicly ensuring transparency in the justice system.
Access to Justice:
- While justice must be accessible, economic disparities affect access. Services like legal aid and equitable laws are essential for maintaining reasonable access.

At the apex is the sovereign (e.g., Queen, represented by the Governor General). Powers primarily lie with Parliament and provincial legislatures.
Legislative Structure:
- Canadian Parliament = House of Commons (elected members) + Senate (appointed members).
- Provincial legislatures operate similarly without a Senate counterpart.
- Processes for passing laws involve both houses and proclamations by the governor general or lieutenant governor.

Judges:
- Federally appointed judges, provincial judges operate under different titles (Justice, Your Honour respectively).
- Judges must embody impartiality and fairness in legal proceedings.
Clients:
- Individuals seeking legal assistance. Importance of equitable representation is emphasized to avoid miscarriages of justice.
Juries:
- Citizens eligible under specific criteria are summoned for jury duty, contributing to the legal process.
Lawyers:
- Hold law degrees but must be called to the bar to practice. Divided into two primary types: barristers (court representation) and solicitors (legal documentation).
Police:
- Essential for the enforcement of law, requiring adherence to legal standards and fairness while performing duties.

Longchamps, D., & Wright, B. H. (2007). Canadian hospitality law liabilities and risks. Toronto, Ontario: Nelson Education Publishing.