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The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
First examined in Citizen's Insurance Co. v. Parsons (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: . The words "regulation of trade and commerce," in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the Act, to include every regulation of trade ranging from political arrangements in regard to ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons ...
The Judicial Committee held that the Canada Temperance Act was valid federal legislation under the peace, order and good government power, set out in section 91 of the Constitution Act, 1867. The case expanded upon the jurisprudence that was previously discussed in Citizen's Insurance Co. v. Parsons.
It found that the overarching purposes of the Constitution Act, 1867 were settlement, expansion and development of the Dominion; that building a transcontinental railroad was integral to those purposes, that section 91(24) of the Constitution Act, 1867, the power over "Indians," was related to these purposes, that by section 91(24) the Framers ...
It was decided under the British North America Act, 1867, now known as the Constitution Act, 1867. The case was the first time that the Judicial Committee considered the constitutional status of the provincial legislatures as a general matter of principle, rather than the case-by-case analysis that had been used up to that point.
The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
However, the Constitution Act, 1867 also assigns the provinces exclusive jurisdiction over municipalities (s. 92(8)), property and civil rights in the province , and local matters (s. 92(16)). The issue was whether the railway, as a federally regulated "work or undertaking" was required to comply with the municipal order to clean its ditch, an ...
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