Glossary

• Author: Robert J. Sharpe; Kent Roach
• Pages: 531-538

531

GLOSSARY

Aboriginal rights. Rights protected under section 35(1) of the Constitu-

tion Act, 1982 and based on practices that the courts have deemed inte-

gral to disti nct Indigenous societies that existed at the time of European

contact.

Aboriginal title. A distinct interest in land that can only be sold to the

government (Crown), must be preserved for future generations, and

is established by occupation and use since the assertion of European

sovereignty.

Absolute liability. An oence 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 facts. Facts relating to t he immediate dispute between the

parties, “who, what, where, and how” (as disting uished from “legislative

facts”).

Adverse impact discrimination. A seemingly neutral law that has a

disproportionate impact on members of groups protected on the basis

of an enumerated or analogous ground.

Armative 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.