Federalism In Canada
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Federalism In Canada
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docu ...
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Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ...
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John A Macdonald (ca
Sir John Alexander Macdonald (10 or 11January 18156June 1891) was the first prime minister of Canada, serving from 1867 to 1873 and from 1878 until his death in 1891. He was the dominant figure of Canadian Confederation, and had a political career that spanned almost half a century. Macdonald was born in Scotland; when he was a boy his family immigrated to Kingston in the Province of Upper Canada (today in eastern Ontario). As a lawyer, he was involved in several high-profile cases and quickly became prominent in Kingston, which elected him in 1844 to the legislature of the Province of Canada. By 1857, he had become premier under the colony's unstable political system. In 1864, when no party proved capable of governing for long, he agreed to a proposal from his political rival, George Brown, that the parties unite in a Great Coalition to seek federation and political reform. He was a leading figure in the subsequent discussions and conferences which resulted in the British N ...
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Hodge V
Hodge may refer to: Places United States *Hodge, California, an unincorporated community * Hodge, Louisiana, a village * Hodge, Missouri, an unincorporated community *The Hodge Building, the historic name of the Begich Towers in Whittier, Alaska Other * Hodge Escarpment, Edith Ronne Land, Antarctica Other uses * Hodge (surname) * Hodge baronets, two titles in the Baronetage of the United Kingdom, one extinct * Hodge 301, a star cluster in the Tarantula Nebula *Hodge (cat), Dr. Samuel Johnson's cat *Hodge, pseudonym of Roger Squires, crossword compiler See also *A list of mathematical concepts named after W. V. D. Hodge Sir William Vallance Douglas Hodge (; 17 June 1903 – 7 July 1975) was a British mathematician, specifically a geometer. His discovery of far-reaching topological relations between algebraic geometry and differential geometry—an area no ... * Hodges (other) {{disambiguation, geo ...
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Double Aspect
The Double aspect doctrine in Canadian constitutional law is one that allows for laws to be created by both provincial and federal governments in relation to the same subject matter. Typically, the federalist system assigns subject matters of legislation to a single head of power. However, certain matters have several dimensions to them, such that for one purpose the matter will fall to one head of power, while for another purpose, it will fall to the other. For example, highway traffic laws fall into the property and civil rights power of the province, but equally, can be a criminal offence which is in the criminal law power of the federal government. The origin of the doctrine comes from the 1883 Privy Council decision of '' Hodge v. The Queen'', where it was stated that "subjects which in one aspect and for one purpose fall within s. 92, may in another aspect and for another purpose fall within s. 91". Matters of the double aspect doctrine The Courts have established severa ...
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McLaren V
McLaren Racing Limited ( ) is a British auto racing, motor racing team based at the McLaren Technology Centre in Woking, Surrey, England. The team is a subsidiary of the McLaren Group, which owns a majority of the team. McLaren is best known as a Formula One chassis List of Formula One constructors, constructor, the second-oldest active team and the second-most successful Formula One team after Scuderia Ferrari, Ferrari, having won races, 12 Formula One Drivers' Championship, Drivers' Championships, and nine Formula One constructors' championship, Constructors' Championships. McLaren also has a history in American open wheel racing as both an entrant and a chassis constructor, and has won the Can-Am, Canadian-American Challenge Cup (Can-Am) sports car racing championship. McLaren is one of only three constructors, and the only team, to complete the Triple Crown of Motorsport#Teams and manufacturers, Triple Crown of Motorsport (wins at the Indianapolis 500, 24 Hours of Le Mans, ...
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Property And Civil Rights
Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the '' Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the ...
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Trade And Commerce (Canadian Law)
Section 91(2) of the '' Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameral ... the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence 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: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurispruden ...
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Oliver Mowat
Sir Oliver Mowat (July 22, 1820 – April 19, 1903) was a Canadians, Canadian lawyer, politician, and Ontario Liberal Party leader. He served for nearly 24 years as the third premier of Ontario. He was the eighth lieutenant governor of Ontario and one of the Fathers of Confederation. He is best known for defending successfully the constitutional rights of the provinces in the face of the centralizing tendency of the national government as represented by his longtime Conservative adversary, John A. Macdonald. This longevity and power was due to his manoeuvring to build a political base around Liberals, Catholics, trade unions, and anti-French-Canadian sentiment. Early years Mowat was born in Kingston, Ontario, Kingston, Upper Canada (now Ontario), to John Mowat and Helen Levack, Scottish people, Scottish Presbyterianism, Presbyterians who both emigrated from Caithness, Scotland. As a youth, he had taken up arms with the loyalists during the Upper Canada Rebellion of 1837, which s ...
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British North America Act 1867
The ''Constitution Act, 1867'' (30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the Court system of Canada, justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater cont ...
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British North America
British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English colonisation of North America began in the 16th century in Newfoundland, then further south at Roanoke and Jamestown, Virginia, and more substantially with the founding of the Thirteen Colonies along the Atlantic coast of North America. The British Empire's colonial territories in North America were greatly expanded by the Treaty of Paris (1763), which formally concluded the Seven Years' War, referred to by the English colonies in North America as the French and Indian War, and by the French colonies as . With the ultimate acquisition of most of New France (), British territory in North America was more than doubled in size, and the exclusion of France also dramatically altered the political landscape of the continent. The term ''British America'' was used to refer to the British Empire's colonial territories in North America prior to the United States ...
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Responsible Government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive branch) in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to the president, either in full or in part. If the parliament is bicameral, then the government is usually responsible first to the parliament's lower house, which is more representative than the upper house, as it usually has more members and they are always directly elected. Responsible government of parliamentary accountability manifests itself in several ways. Ministers account to Parliament for their decisions and for the performance of their departments. This requirement to make announcements and to answer questions in Parliament means that ministers must h ...
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