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The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
However, the Constitution Act, 1867 also assigns the provinces exclusive jurisdiction over municipalities (s. 92(8)), property and civil rights in the province , and local matters (s. 92(16)). The issue was whether the railway, as a federally regulated "work or undertaking" was required to comply with the municipal order to clean its ditch, an ...
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)
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The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada.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 ...
[3] [5] The Act was then enacted by the British Parliament under the name the British North America Act, 1867. [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 ...
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.
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.