Glossary

• Author: Hon. Robert J. Sharpe/Kent Roach
• Profession: Court of Appeal for Ontario- Faculty of Law University of Toronto
• Pages: 363-368

GLOSSARY

Absolute liability: an offence for which the accused is gu ilty once it is proven

that the prohibited act was com mitted and regardless of the exi stence of any

fault, including negligence.

Adjudicative facts: fact s relating to the immedi ate dispute between the par-

ties, “who, what, where and how” (as di stinguished from “legislat ive facts”).

Affirmative act ion: positive measures intended to benefit a disadvantaged

group.

Agency shop provi sion: a provision in a collective agreement compelling pay-

ment of dues to a union by non-member employee s.

Appellate cour t: the court that hears app eals from judgments of t he trial courts.

There are provincial app ellate courts to hear appea ls from the provincial court s

and the provinci al superior courts, and a Federal C ourt of Appeal to hear ap-

peals from t he Federal Court, Tria l Division.

Attorney general: t he member of Cabinet who is the senior legal advi ser to the

government and who is ult imately accountable for prosecutions.

Civil law: a legal system i n which private law is enacted by t he legislature and

is predominant ly contained in a Civil Code. It i s in contradistinction to the

common law where the basi s of private law is judge made. Q uebec has a civ il

law tradition.

Closed shop provi sion: a provision in a collective agreement compelling

membership in a u nion.

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