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In that year the British Parliament, on the request of the Canadian Senate and House of Commons, passed an amendment to the Act which re-numbered "The Public Debt and Property" as section 91(1A), and enacted a new version of section 91(1). That new provision authorised the federal Parliament to enact certain limited types of constitutional ...
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 ...
Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in Scowby v. Glendinning: 11. ...The terms of s. 91(27) of the Constitution must be read as assigning to Parliament exclusive jurisdiction over criminal law in the widest sense of the term.
Section 91(28) gives Parliament exclusive power over "penitentiaries" while section 92(6) gives the provinces powers over the "prisons". This means that offenders sentenced to two years or more go to federal penitentiaries while those with lighter sentences go to provincial prisons.
Section 21, 22 of the Constitution Act, 1867: In the Constitution under the name Newfoundland Act. British North America (No. 2) Act, 1949: 1949: Section 91 of the Constitution Act, 1867: Repealed in 1982. Statute Law Revision Act, 1950: 1950: Removed the redundant section 118 of the Constitution Act, 1867. Spent. British North America Act ...
The Constitution Act, 1867 provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, recognizes Canada as a constitutional monarchy and federal state, and outlines the legal foundations of Canadian federalism. [5] The Constitution of Canada includes written and unwritten components. [4]
The Parliament of Canada exercises authority over these three matters under section 91(29), which states: 29. Such Classes of Subjects as are implicitly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
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 ...