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Section 95 Of The Constitution Act, 1867
Section 95 of the ''Constitution Act, 1867'' (french: article 95 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to federal and provincial legislative jurisdiction over agriculture and immigration. 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. ''Constitution Act, 1867'' The ''Constitution Act, 1867'' is part of the Constitution of Canada and thus part of the supreme law of Canada. It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s. The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government ...
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Proclamation Canadian Confederation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ...
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Patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the British parliament had retained the power to amend Canada's Constitution Acts (Statute of Westminster sec. 7(1)), and to enact more generally for Canada at the request and with the consent of the Dominion (sec. 4). That authority was removed from the UK by the enactment of the Canada Act 1982 on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. Patriation was subsequently confirmed by the Constitution Act, 1982, part of the Canada Act 1982. A proclamation bringing the Constitution Act, 1982 into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau and Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill, in Ottawa. The monarch's constitutional powers ...
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Section 91(25) Of The Constitution Act, 1867
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bio ...
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Disallowance And Reservation In Canada
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council (federal cabinet) to invalidate an enactment passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature. The bill is then "reserved" for consideration by the federal cabinet. In Canadian constitutional law, the powers of reservation and disallowance of federal legislation still formally remain in place in Sections 55 and 56 of the ''Constitution Act, 1867'', and are extended to provincial legislation by Section 90. The initial intent of disallowance, and its practice for the first few years of Confederation, was considered a means of ensuring constitutional compliance. ...
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Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of conf ...
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Section 92 Of The Constitution Act, 1867
Section 92 of the ''Constitution Act, 1867'' (french: article 92 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada. The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 of the ''Constitution Act, 1867''. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since Confederation of Canada in 1867. 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. ''Constitu ...
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Section 91 Of The Constitution Act, 1867
Section 91 of the ''Constitution Act, 1867'' (french: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the ''Constitution Act, 1867''. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867. 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. ''Constitution Act, 1867'' ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the '' Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the '' Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the '' Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sch ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses Parliamentary sovereignty, legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is Bicameralism, bicameral but has three parts, consisting of the Monarchy of the United Kingdom, sovereign (King-in-Parliament), the House of Lords, and the House of Commons of the United Kingdom, House of Commons (the Parliament Acts 1911 and 1949, primary chamber). In theory, power is officially vested in the Queen-in-Parliament, King-in-Parliament. However, the Crown normally acts on the Advice (constitutional), advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the '' Constitution Act, 1982'', the Canadian Constitution consists of the '' Canada Act 1982'' (which includes the '' Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the '' Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten componen ...
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Canadian Federalism
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 Provinces and territories of Canada, 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 Parliament of Canada, 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 ca ...
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Government Of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature, as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. Three institutions—the Privy Council ( conventionally, the Cabinet); the Parliament of Canada; and the judiciary, respectively—exercise the powers of the Crown. The term "Government of Canada" (french: Gouvernement du Canada, links=no) more commonly refers specifically to the executive— ministers of the Crown (the Cabinet) and the federal civil service (whom the Cabinet direct)—which corporately brands itself as the ''Government of Canada'', formally known as '' Majesty's Government'' (french: Gouvernement de Sa Majesté, links=no). There are over one hundred ministries, departments and crown corporations and over 300 ...
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