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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 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 ...
The Parliament of Canada (French: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. [2] By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews ...
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
The politics of Canada functions within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. [1] Canada is a constitutional monarchy where the monarch is the ceremonial head of state .
The following list outlines the structure of the federal government of Canada, the collective set of federal institutions which can be grouped into the legislative, executive, and judicial branches. In turn, these are further divided into departments, agencies, and other organizations which support the day-to-day function of the Canadian state.
The fact that a plaintiff may have a choice of remedies does not mean that the provisions of both levels of government cannot "live together" and operate concurrently. [ 10 ] Therefore, paramountcy should only be invoked where there is a conflict between the federal and provincial laws in question.
The Minister of Justice appeared before the House of Commons Standing Committee on Justice and Human Rights to explain, for the first time in public, the process for selecting the justices. [40] However, when the names of Justices Abella and Charron were put forward, parliament was dissolved, and thus unable to form committees. The government ...