The Canadian Constitution: Jurisdictional Powers

Jurisdictional Powers Canada is a federation, which means that we have different levels of government, each with specific responsibilities The constitution outlines how these powers are distributed

Distribution of Powers Section 91 sets out federal powers, such as criminal law, regulation of trade and commerce, national defence, currency, immigration, marriage and divorce Section 92 sets out provincial powers, such as hospitals, property rights and “all Matters of a merely local or private Nature in the Province” Section 93 sets out the provinces’ right to control education, as long as provincial laws do not prejudicially affect the rights held by separate or denominational schools

Division of Powers FEDERAL PROVINCIAL MUNICIPAL Trade and commerce Post office National Defense Banking and Money Criminal Law Citizenship Marriage and Divorce Relations with other countries/Aboriginals Immigration Sea Coast and Inland Fisheries PROVINCIAL Education Healthcare and hospitals Some Natural Resources and Environment Public land belonging to the province Property and civil rights Marriage ceremonies MUNICIPAL Parks Roads Library Local police and rescue services Garbage and Recycling Snow removal Animal control Public transportation The municipalities have NO CONSTITUTIONAL POWERS – There responsibilities are given to them by the province (can make bylaws and other motions under approval of the provincial government)

Municipal Powers? Contrary to popular belief, municipalities have no constitutional rights – they are the creation of the provinces. Structure varies by province Sometimes varies within provinces as well

Residual Powers Powers not specifically granted to any particular level of government The preamble to section 91 of the constitution states that the federal government may make laws for the peace, order and good government of Canada concerning matters not given exclusively to the provincial legislatures

Pith and Substance When there is dispute concerning the authority of a level of government to pass a law, the court will look to determine the dominant characteristic of the law

Intra and Ultra Vires Ultra Vires: Intra Vires: outside the power of the legislature When a legislature passes a law concerning a subject over which it has no constitutional authority, the courts can rule that the law has no effect and is invalid Intra Vires: within the power of the legislature When a law is constitutionally valid as it was passed by a legislature which has authority in the area

Recap What is a “federal” style of government? What are the advantages and disadvantages of this type of system? How are the concepts of intra vires and ultra vires used to resolve issues regarding the division of powers?