Glossary

• Author: Robert J. Sharpe; Kent Roach
• Pages: 465-471

465

GLOSSARY

Absolute liability. An offence for which the accused is guilty once it

is proven that the prohibited act was committed and regard less of the

existence of any fault, including negligence.

Adjudicative fact s. Facts relating to the im mediate dispute between the

parties, “who, what, where, and how” (as distinguished from “legisla-

tive facts”).

Aff‌irmative action. Positive measures intended to benef‌it a disadva n-

taged group.

Agency shop provision. A provision in a collective agreement compel-

ling payment of dues to a union by non-member employees.

Appellate court. The court that hears appeals f rom judgments of the

trial court s. There are provincial appellate courts to hear appe als from

the provincial court s and the provincial superior courts, and a Federal

Court of Appeal to hear appeal s from the Federal Court, Trial Division.

Arbitrariness. A law that infr inges a right, but bears an insuf f‌icient

relationship with the st ate interest that lies behind the legislation.

Attorney genera l. The member of Cabinet who is the senior legal adviser

to the government and who is ultimately accountable for prosecutions.

Ci vi l l aw. A legal system in which private law is enacted by the legisla-

ture and is predominant ly contained in a Civil Code. It is in contradis-