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

Trade and
commerce
Post office
National
Defense
Banking and
Money
Criminal Law
Citizenship
Marriage and
Divorce
Relations with
other
countries/Aborig
inals

Immigration
Sea Coast and
Inland Fisheries

PROVINCI
AL

MUNICIPAL

Parks
Roads
Library
Local police and
rescue services
Garbage and
Recycling
Snow removal
Animal control
Public
transportation

Education
Healthcare
and hospitals
Some Natural
Resources and
Environment
Public land
belonging to
the province
Property and
civil rights
Marriage
ceremonies
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:

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?