1. The Canadian Constitution:
Jurisdictional Powers

2. 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

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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

9. 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?