Ubc Admin Exam

8/10/2019 Ubc Admin Exam

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EX

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Y OF BR

ITI

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FACULTY OF LAW

FIN

AL E

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5

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nute

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rea

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ti

me

No

tes :

I

. Th

is

i

s

an

o

pe n

b

ook e

xam

inat

ion. You

ma

y

bri

ng int

o

the

e

xam

inati

on you

r own

note

s th

e textb

ook

and a

ny ma

teria

ls pos

ted o

n th

e cou

rse

web

site.

You m

ay

no

t

hav

e

ac ce

ss

to the

in

tern

et

du

ring the exam

ina

tion.

2.

This examination consists

of

2

parts.

Please answer both

parts

of

the

examination.

Ea c

h

que

stion

is we

ight

ed and

giv

en

an

a

ppro

xim

ate tim

e

as

s

et o

ut

be l

ow

S

tud

ents

are ca

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ned to

all

ocat

e thei

r

tim e

acco

rdin

gly.

EXA

M PA

RT

MA

RK

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SU

GG

EST

ED TIM

E

I:

F

ac t Patt

ern

5

10

0 m

inu

tes

3

:

Polic

y Que

stion

25

50 min

utes

TO

TAL

75

150

m

inute

s 2

.5

h

ours

3.

P

leas

e

d

oubl

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ace

you

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ten

an

swer

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nd plea

se wri

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as

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gibl

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can.

4

.

Go

od luc

k.











Law 210 Seclion

2

Page 6/9

Canada

Human Rights

and

Dignity

Code

[RSBC

1996]

Chapter

[excerpt]

Definitions

In

this

Code:

“chair”

means the

chair of

the

Canada

Human Rights and Dignity

Tribunal;

“complaint”

means a complaint filed

under

section 5;

“employment” includes

the

relationship

of master and

servant

master

and apprentice

and

principal

and agent,

if

a substantial

part

of the

agent’s

services

relate to

the affairs

one

principal

and “employ”

has a

colTesponding

meaning;

“member”

means a

person

appointed

under

section

7 as

a member

of

the

tribunal;

“officer” means

a

person

appointed

under section

7

as

a member of the

tribunal

or a

person

appointed un er

section

as a consultant or

specialist;

“panel”

means a

panel designated under

section

9 1 b ;

“person”

includes

an

employee

a prospective

employee

an employer

a

prospective

employer

an

employment

agency, an employers’

organization

an occupational

association

and a trade

union;

“tribunal” means the Canada Hunian Rights

and Dignity Tribunal

2.

Discrimination

and intent

Discrimination

in contravention

of this

Code

does

not

require

an intention

to

contravene

this

Code.

3. Purposes

The purposes

of this

Code

are:

a

to

foster a society

in

Canada in which

there

are no

impediments

to

fu ll a nd

free

participation

in the

economic

social, political and

cultural

life

of

Canada;

b

to

promote

a

climate

of

understanding

and mutual

respect where

all

are equal

in

dignity

and

rights;

c

to prevent discrimination

prohibited

by

this

Code;

d to

provide

a

means

of

redress

for

those

persons

who

are

discriminated against

contrary to

this Code.

4.

Discrimination

in

employment

1

A person

must

no t

a refuse to

employ or refuse to continue

to employ a person

or

b

discriminate against

a

person regarding employment

or any term or

condition

of

employment



Law 21 Section

2

Page

7/9

because

ol

t he r ace,

colour,

ancestry.

place

ol

origin,

political

belief,

religion,

marital status,

family slalus

physical or

mental disability, sex,

sexual

orientation

or

age

of

that

person

or

because

that

person

has

been

convicted of a criminal

or summary conviction offence

that

is

unrelated

10

the

employment or

to

the intended

employment

of

that

person.

2

Subsection

I

does not

apply

with

respect

to a

refusal

limitation, specification

or

preference based

on

a

bona

tide

occupational

requirement.

5.

Complaints

Any

person

that alleges

that a

person ha s

contravened this

Code

may

file a

complaint with the

tribunal in

a

form

satisfactory to the

tribunal.

6.

Time limit

for

filing

a

complaint

1

A ompl int

must be filed

within

6

months

of the alleged

contravention.

2 If a complaint is filed

after

the expiration

of

the

time limit

referred to in

subsection 1 ,

a

member

or

panel may

accept

all or part

of the

complaint

if

the member

or panel determines

that

a

it

is

in

the public interest

to accept

the complaint, and

b

no

substantial prejudice

will

result

to

any

person

because

of

the delay.

7.

Human

Rights

and

Dignity

Tribunal

1 The

Canada

Human Rights and

Dignity Tribunal consists of

the

following individuals

appointed

by the

Lieutenant

Governor in

Council

after

a

merit

based process:

a a member designated

as

the

chair;

b other members

appointed

after

consultation

with

the

chair.

2 All

members

hold

office

for

an

initial

term

of

5

years

and may

be

reappointed for

additional

terms of

5

years.

8.

Staff of

the

tribunal

The

tribunal

may

engage

or retain consultants or

specialists that the

tribunal

considers

necessary to

carry out

the

powers and

duties of the tribunal

and

may determine their

remuneration

and

terms

of

employment.

9.

Assignment

of complaints

1

For th e

purposes of

making

a

decision

or

order

in

respect

of

a

complaint,

the

chair

may

assign

the

complaint to

a a

single

officer

designated

by

the chair , or



Law 210 Section

2

Page

5/9

h

a panel

of 3

ofilcers

designated

by

the

chair.

2

A

decision

of

an officer assigned

under

subsection

l a ,

or

of

a

majority of the

officers

on a panel

assigned under

subsection

I b ,

as the case may

be,

is a

decision

of the

tribunal

10.

Evidence

1

A

member

or

panel

may

receive

and accept

on

oath,

by

affidavit or otherwise,

evidence

and

information

that the

member

or

panel

considers

necessary

and appropriate,

whether or no t

the

evidence

or information

would be admissible

in a

court of

law.

2 A

member

or panel

may

direct

that

all

or

part

of the

evidence

of

a

witness be heard

in

private.

11.

Powers

to make

rules

and

orders respecting

practice

and

procedure

1

The tribunal

may make

rules

respecting

practice and

procedure

to facilitate

u t and

timely resolution

of

complaints.

2

Without

limiting

subsection

I , the

tribunal

may

make

rules

respecting

mediation

and

other

dispute resolution

processes,

including, without limitation, rules that

would permit

or

require mediation

of a

complaint.

12.

Exclusive

jurisdiction

of

tribunal

Subject to

section

13,

the

Tribunal has

sole

and exclusive

jurisdiction

to

hear

and

determine

all questions

of

law

and fa ct within

its

jurisdiction.

13. Assisting

parties

to settle

1 An officer may

assist

the

parties to a complaint,

through

mediation

or

any other dispute

resolution process,

to

achieve

a

settlement.

2

The

parties’

rights to a

full

hearing

before

the

tribunal are

no t

prejudiced by any

settlement

efforts

undertaken

under

subsection

1 .

14.

Regulations

The Governor

in

Council

may

make regulations

under thi s Act.

Canada Human

Rights

and

Dignity

Tribunal:

Rules

of

Practice

and Procedure

effective

January 1,

2009

[excerpt]

The tribunal

will offer non-adversarial

settlement

meetings

fo r the

purpose

of assisting the

parties to

achieve resolution

of

all

or part

of the

complaint, using

any

of the

following

approaches

or

any

combination

of them:



Law

210

SecIon

Page 9/9

a

interest—based

mediation,

where

the

parties

meet

with

a

mediator

to discuss their

interests and

objectives:

b

early

evaluation,

where a

mediator reviews

the

facts

with the

parties, provides

the

parties

with

an

assessment of

the

strengths n

weaknesses of the

complaint

n

advises

the

parties of

a

remedy

that

would

he

expected should

the

matter proceed

to

hearing;

c

structured

negotiations,

where the

tribunal

provides

a meeting place fo r

the

parties

and

a

mediator

who

may provide

limited

assistance

to the parties

to negotiate

their

own

settlement.

2.

Any officer may

be

mediator.

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Ubc Admin Exam