Section 91(27) of the ''
Constitution 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 originally enacted as the ''British North America Act, 1867'' (BNA Act), ...
'', also known as the criminal law 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:
Scope of the federal power
Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by
Estey J. in ''
Scowby v. Glendinning ''Scowby v Glendinning'', 986
Year 986 ( CMLXXXVI) was a common year starting on Friday of the Julian calendar.
Events
By place
Byzantine Empire
* August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byzantine expeditionary force (30,000 me ...
2 S.C.R. 226 is a leading federalism decision of the Supreme Court of Canada. The Saskatchewan provincial Human Rights Act was found not to apply to potentially discriminatory conduct that was acted as part of crimin ...
'':
History and jurisprudence
The meaning of the phrase "criminal law" was historically a matter of debate. It was first defined by
Lord Haldane
Richard Burdon Haldane, 1st Viscount Haldane, (; 30 July 1856 – 19 August 1928) was a Scottish-born English lawyer, philosopher, an influential British Liberal and later Labour politician and statesman. He was Secretary of State for War ...
of the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...
, writing in the opinion for the
Board of Commerce case
Re Board of Commerce Act 1919 and the Combines and Fair Prices Act 1919, commonly known as the Board of Commerce case, is a Canadian constitutional decision of the Judicial Committee of the Privy Council in which the "emergency doctrine" under the ...
, as that area:
In ''