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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 ...
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 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.
At issue was the scope of provincial legislative jurisdiction over property and civil rights under s. 92(13) of the British North America Act, 1867 (now the Constitution Act, 1867) compared to the federal power over trade and commerce under s. 91(2). The Judicial Committee held that the provincial power included regulating individual business ...
The rights and freedoms of Canada's First Nations people have been governed by the Indian Act since its enactment in 1876 [14] by the Parliament of Canada. The provisions of Section 91(24) of the Constitution Act, 1867, provided Canada's federal government exclusive authority to legislate in relation to "Indians and Lands Reserved for Indians". [9]
The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon it was found that the topics enumerated in the two sections ...
The act purports to add sections 90Q.1 and 90Q.2 to the Constitution Act, 1867, which provide that Quebecers form a nation and that French is the only official language of Quebec. Because the House of Commons did not authorize these additions to the Constitution Act, 1867 , they would only have effect if they were amendments to the constitution ...
Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to the internal structure of the federal government. [10] Section 91 was also amended in 1940 by the addition of section 91(2A), "Unemployment insurance".