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Sovereignty is conveyed not by the governor general or federal parliament, but through the Crown itself as a part of the executive, legislative and judicial branches of Canada's 11 (one federal and 10 provincial) legal jurisdictions; linking the governments into a federal state, [20] the Crown is "divided" into 11 "crowns". [21]
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The Constitution Act, 1867 assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration. [28] The federal government also has the residual power to make laws necessary for Canada's "peace, order and good government". [29]
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution.In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully ...
The Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
Thus, the Crown is "divided" into 11 legal jurisdictions, [13] or 11 "crowns"—one federal and 10 provincial [14] —and the monarch similarly is the personification of each provincial state. [8] The Fathers of Confederation viewed this system of constitutional monarchy as a bulwark against any potential fracturing of the Canadian federation. [15]
Halsbury's Laws of Canada is a comprehensive national encyclopedia of Canadian law, published by LexisNexis Canada, which includes federal, provincial and territorial coverage. It is the only Canadian legal encyclopedia covering all fourteen Canadian jurisdictions. Following an alphabetized title scheme, [1] it covers 119 discrete legal ...
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]