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That version of s. 91(1) was repealed in 1982 on the enactment of the Constitution Act, 1982, which contains a comprehensive amending formula. Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to the internal structure of the federal government.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 ...
The Parliament of Canada has exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency, by virtue of Section 91(2) of the Constitution Act, 1867. It has passed the following statutes as a result: The Bankruptcy and Insolvency Act ("BIA") [1] The Companies' Creditors Arrangements Act ("CCAA") [2] The Farm Debt Mediation ...
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 ...
Section 2 defined the term "Her Majesty the Queen" as used in the Constitution Act, 1867. Even though section 2 has been repealed, the courts have held that the references to the British monarch in the Preamble to the Constitution Act, 1867, as well as in section 9 of the Act, relating to the executive powers, establish that the British monarch ...
Section 91 of the Act sets out the major areas of legislative jurisdiction of the federal Parliament. Paragraph 93(4) of the Act gives the federal Parliament a power to enact laws to protect rights of religious minorities (Protestant or Roman Catholic) with respect to publicly funded separate schools.
Section 94 is an example of that approach, as it would allow the federal Parliament to assume jurisdiction over property and civil rights, which is normally a matter of exclusive provincial jurisdiction under section 92(13) of the Constitution Act, 1867, [8]: 270–275 and over procedure in the civil courts, which is a matter of provincial ...
[6] [7] In 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was renamed the Constitution Act, 1867. [2] [6] Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982. [8] [9] [10]