Search results
Results from the WOW.Com Content Network
Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts.
This applies, for example, to provincial statute laws like Constitution of Quebec and Constitution Act (British Columbia). However, if the desired change would require an amendment to any documents that form part of the Constitution of Canada, it would require the consent of the Senate and House of Commons under section 43.
Section 92A of the Constitution Act, 1867 (French: article 92A de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to provincial jurisdiction over natural resources. It was added to the Constitution Act, 1867 in 1982, as part of the Patriation of the Constitution.
A subject matter which falls within provincial legislative jurisdiction therefore does not come within federal jurisdiction, and vice versa. Canadian constitutional analysis uses the term ultra vires as shorthand for a matter that is outside the jurisdiction of a government, and intra vires for a matter that is within the jurisdiction of a ...
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Section 94 is an example of that approach, as it would allow the federal Parliament to assume jurisdiction over property and civil rights, which is normally a matter of exclusive provincial jurisdiction under section 92(13) of the Constitution Act, 1867, [8]: 270–275 and over procedure in the civil courts, which is a matter of provincial ...
The reference to "Telegraphs" has been held to include telephones. [6] In the Radiocommunication reference, [2] the Judicial Committee of the Privy Council held that radiocommunication was a matter of a national scope and was therefore a matter of exclusive federal jurisdiction. Television programming has been held to be part of that ...
A province can attach criminal penalties to valid provincial laws. Consequently, there is frequent debate over whether a provincial law is intruding upon the federal criminal law power. Where the province enacts a regulatory scheme that contains penalties, and that concerns matters normally within its jurisdiction, the law is typically upheld.