Glossary

• Author: Robert J. Sharpe, Kent Roach
• Pages: 409-414

409

GLOSSARY

Absolute liability: an offence for which the accused is gui lty once it is proven

that the prohibited act wa s committed and rega rdless of the exi stence of any

fault, including negligence.

Adjudicative facts: facts relati ng to the i mmediate dis pute between the par-

ties, “who, what, where and how” (as dist inguished from “legislative facts”).

Aff‌irmative action: positive measures intended to benef‌it a disadvantaged

group.

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

ment of dues to a union by non-member employees.

Appellate court: the court t hat hear s appe als from judgments of the trial

courts. There a re provincial appell ate courts to hear appe als from the provi n-

cial cour ts and the provincial superior courts, a nd a Federal Cour t of Appeal

to hear appeals f rom the Federal Court, Trial Division.

Attorney general: the member of Cabinet who is the senior legal adviser to the

government and who is ulti mately accountable for prosecutions.

Civil law: a legal system in which private law is enacted by the legislature and

is predomi nantly containe d in a Civil Code. It is in contradi stinction to t he

common law where the ba sis of private law is judge made. Quebe c has a civil

law tra dition.

Closed shop provision: a provision in a collective agreement compelling

membership in a union.