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 regardless 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 disadvan-

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 from judgments of the

trial courts. There are provincial appellate courts to hear appeals from

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

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

Arbitrariness. A law that infringes a right, but bears an insuff‌icient

relationship with the state 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.

Civil law. A legal system in which private law is enacted by the legisla-

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