Keith Mack
In Canada, employees can request time off from their jobs to deal with unusual circumstances and significant life events. The number of days an employee is entitled to varies across the provinces and territories. While some leaves are paid, others are unpaid. The Employment Standards Amendment Act (Pregnancy & Parental Leave), 1990, for example, amended the former Employment Standards Act to improve the rights and protections of pregnant employees and establish leave for working parents.
| Characteristics | Values |
|---|---|
| Maternity leave | 15-17 weeks minimum of job-protected leave, 55% of the employee's average salary, capped at CAD$650 per week. In Quebec, the government payment is 70% of the average weekly earnings. |
| Parental leave | Up to 35 weeks following the birth or adoption of a child. |
| Sick leave | Up to 5 days of paid leave per year for any personal illness or injury and 3 days of unpaid sick leave. |
| Compassionate leave | 27-28 weeks within any 52-week period in most provinces, with the first two days paid in Quebec. |
| Bereavement leave | Paid leave in most provinces. |
| Voting leave | Paid leave in most provinces. |
| Jury duty leave | Allowed in Canada. |
| Military duty leave | Allowed in Canada. |
| Covid-19 leave | Unpaid leave is retroactive to January 27, 2020, and is protected under the new law. |
| Domestic or sexual violence leave | Two separate allotments of 10 days and 15 weeks of leave within each calendar year. The first five days are paid, the rest is unpaid. |
| Family responsibility leave | Allowed with respect to the employee's child, no matter their age. |
| Family medical leave | Allowed with respect to the employee's child, no matter their age. |
| Family caregiver leave | Allowed with respect to the employee's child, no matter their age. |
| Critical illness leave | Allowed with respect to the employee's child, no matter their age. |
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What You'll Learn
- The Supreme Court of Canada has ruled that unilateral secession is not legal under the Constitution of Canada
- However, if an independence referendum were to succeed, the rest of Canada would have to negotiate terms
- The Clarity Act requires a clear majority voting in favour of a clear secession question
- The Alberta Sovereignty within a United Canada Act allows Alberta to fight harmful federal laws
- The Act will only be used in specific matters of federal overreach or harmful laws and policies
The Supreme Court of Canada has ruled that unilateral secession is not legal under the Constitution of Canada
The Supreme Court of Canada has ruled that unilateral secession by a province is not legal under the Constitution of Canada. This ruling was made in response to the 1995 Quebec referendum on secession, which sparked lawsuits challenging the legality of secession. The Court found that the Constitution of Canada, which includes both written and unwritten principles, stands on four fundamental interactive tenets: federalism, democracy, the Rule of Law, and the protection of minorities. Thus, a province cannot unilaterally secede, even with a clear referendum result, as it would violate these principles and the existing constitutional framework.
The Court acknowledged that while there is no right to unilateral secession under the Constitution or international law, an unconstitutional declaration of secession could still lead to de facto secession. This would depend on recognition by the international community, which would consider the legality and legitimacy of the secession. However, such recognition would not provide retroactive justification for the act of secession under the Constitution of Canada or international law.
The Supreme Court's decision also addressed the role of referendums in the secession process. While a referendum on secession is permitted, the Court stated that a clear majority must vote in favour of a clear secession question. The House of Commons is responsible for determining the clarity of the referendum question within 30 days, considering the views of all relevant stakeholders, including political parties, Aboriginal peoples, and other provinces or territories. If the referendum question is unclear, the Government of Canada is not obligated to enter into negotiations on the terms of secession.
Furthermore, the Court emphasised that the Constitution of Canada allows for continuous discussion and evolution, reflecting the constitutional right of each participant in the federation to initiate constitutional change. However, any proposal relating to the break-up of a democratic state is a matter of utmost gravity and fundamental importance to all citizens. Therefore, an amendment to the Constitution would be required for any province to secede, necessitating negotiations involving all provincial governments and the Government of Canada.
In conclusion, the Supreme Court of Canada's ruling on unilateral secession reinforces the country's commitment to federalism, democracy, the Rule of Law, and the protection of minorities. While referendums on secession are allowed, they must meet stringent clarity standards, and even a successful referendum does not override the principles enshrined in the Constitution of Canada. Any provincial secession would require careful negotiations and amendments to the Constitution, ensuring that the process respects the rights and interests of all Canadians.
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However, if an independence referendum were to succeed, the rest of Canada would have to negotiate terms
While the Canadian Constitution does not explicitly rule out a province's right to unilateral secession, it also does not provide a procedure for it. The Supreme Court of Canada has asserted that unilateral secession by any province is not legal under the Constitution. The Court's opinion holds that secession would require constitutional amendments.
The Clarity Act, passed in 1998, outlines the broad rules for a province's withdrawal from Canada. It states that the government of any province can consult its population by referendum on any issue and formulate the referendum question. However, the referendum question must be clear and solicit a direct expression of the will of the population on secession. It cannot merely focus on a mandate to negotiate or envisage other possibilities, such as economic or political arrangements, that obscure a direct expression of the will of the people on secession.
The Supreme Court of Canada has also outlined the burdens placed on both the province seeking to secede and the federal government. While the federal government argued that provinces could only withdraw after a proper constitutional amendment, which would require national consensus, the Court stated that a clear majority must vote in favour of a clear secession question. The Court's decision in the Quebec Secession Reference case in 1998 has provided some clarity on the issue of provincial secession, but it is likely that future cases will elicit more details as the Constitution does not explicitly address all issues related to provincial secession.
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The Clarity Act requires a clear majority voting in favour of a clear secession question
The Clarity Act, or Bill C-20, is a law that was passed by the Parliament of Canada in 2000. It established the conditions under which the Canadian government would enter negotiations that could lead to the secession of a province. The Act was created in response to the 1995 Quebec referendum and the ongoing independence movement in the province.
The Act gives the House of Commons the power to determine whether a clear majority has expressed itself following a referendum vote. It implies that a supermajority is required for a successful secession, but the Act does not define what constitutes a "clear majority". This is left to the politicians to decide. The House of Commons will review the size of the majority of valid votes cast in favour of secession, the percentage of eligible voters who participated in the referendum, and any other relevant matters or circumstances.
The Supreme Court of Canada has stated that democracy means more than simple majority rule and that a clear majority in favour of secession is required to create an obligation to negotiate. The Court has also confirmed that, for a province's secession to be lawful, an amendment to the Constitution of Canada would be necessary, which would require negotiations.
The Clarity Act was denounced by all provincial parties in the Quebec National Assembly, the Bloc Québécois, and many federalists. The Parti Québécois, a separatist group, enacted its own form of clarity statute after the Act was passed, focusing on its right to self-determination under international law. This statute explicitly rejects the federal Clarity Act, stating that no other parliament or government may reduce the powers or sovereignty of the National Assembly.
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The Alberta Sovereignty within a United Canada Act allows Alberta to fight harmful federal laws
The Alberta Sovereignty within a United Canada Act, commonly known as the Alberta Sovereignty Act, is a law that allows Alberta to challenge federal laws deemed harmful to the province or unconstitutional. It was introduced on November 29, 2022, by the Premier of Alberta, Danielle Smith, and passed on December 7 or 8, 2022, receiving royal assent on December 15, 2022.
The Act provides a legal framework for Alberta to defend its interests and the constitutional division of powers between the federal and provincial governments. It can be invoked when a federal law or policy is believed to violate the Canadian Charter of Rights and Freedoms, negatively impact Alberta's economic prosperity, or infringe upon provincial constitutional rights. The Act empowers Alberta's Cabinet to take expedited action, including directing provincial entities and suspending or modifying the application of certain provisions.
However, the Act does not permit Alberta to defy Canada's Constitution or issue unconstitutional orders. Any resolution passed by the Legislative Assembly must be reviewed by the Cabinet to ensure it is constitutional and legal. The Act has been amended to address concerns about the Cabinet's ability to bypass the ordinary legislative process.
The Alberta Sovereignty Act has been controversial. Some critics argue that it could be unconstitutional and grant Alberta excessive rights over land and resources, while others support it as a way to stand up to the federal government. The Act's interpretation provisions in Section 2 may limit its scope to the "non-enforcement" of federal laws, reducing the risk of unconstitutionality. Nonetheless, its potential impact on the separation of powers between the executive and legislative branches has been a subject of debate.
In conclusion, the Alberta Sovereignty within a United Canada Act provides Alberta with a tool to challenge harmful federal laws while remaining within a united Canada. It aims to protect Alberta's interests and uphold the constitutional division of powers. However, the Act's potential implications and constitutionality continue to be a subject of discussion and analysis.
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The Act will only be used in specific matters of federal overreach or harmful laws and policies
The Clarity Act (French: Loi sur la clarté référendaire) is a piece of legislation passed by the Parliament of Canada that outlines the conditions under which the Canadian government would enter negotiations that could lead to secession following a vote by one of the provinces. The Act was created in response to the 1995 Quebec referendum and the ongoing independence movement in that province.
The Act ensures that any referendum question on secession is clear and solicits a direct expression of the will of the population on whether the province should cease to be part of Canada. It also addresses other possibilities, such as economic or political arrangements, that might obscure the direct expression of the population's will. The Act empowers the House of Commons to evaluate the clarity of the referendum question within thirty days of its release, with possible extensions during general elections.
The Clarity Act reinforces the principle that any negotiations regarding secession must respect the principles of democracy, minority rights, and individual rights as outlined in the Canadian Constitution. It is worth noting that the Supreme Court has not provided a definition of a clear majority, leaving that determination to politicians. While the Act sets out the conditions for negotiations, it does not guarantee the outcome of those negotiations or the ultimate decision on secession.
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Frequently asked questions
The Employment Standards Amendment Act (Pregnancy & Parental Leave), 1990, amended the former Employment Standards Act with the intention of improving the rights and protections already afforded to pregnant employees, and to establish a leave for working parents.
The Employment Insurance is a benefit that can be claimed by employees who have worked and accumulated 600 insured hours in 52 weeks. This benefit is calculated at 55% of their average weekly wage, capped at a maximum of CAD 668 per week.
The Quebec Parental Insurance Plan (QPIP) provides greater financial support options for employees in Quebec. Under the QPIP, employees can receive 70% of their weekly income for 18 weeks under the basic plan, or 75% for 15 weeks under a special plan.
Maternity leave is for pregnant or nursing mothers, who are entitled to an unpaid leave of absence from the beginning of the pregnancy to the end of the 24th week following the birth. Parental leave is for both parents and allows for up to 35 weeks of leave following the birth or adoption of a child.
The Family Law Act defines a "spouse" as a person who is legally married to someone of the same or the opposite sex, or a person who is living with someone of the same or opposite sex in a conjugal relationship outside of marriage.
