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That version of s. 91(1) was repealed in 1982 on the enactment of the Constitution Act, 1982, which contains a comprehensive amending formula. Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to the internal structure of the federal government.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]
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 ...
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 ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada.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.
the Combines Investigation Act, either in whole or in part, was intra vires Parliament under s. 91(2) of the Constitution Act, 1867, and; s. 31.1 of the Act [5] (which created a civil cause of action) was integrated with the Act in such a way that it too was intra vires under s. 91(2)
Canada's Constitution Act, 1867 – Section 91: Powers of the Parliament; Peace, Order and Good Government at Marianopolis College; POGG at constitutional-law.net; Canadians and their Government – a resource guide full of information and a wide range of activities that allow young Canadians to learn more about their government and its ...
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 ...