What does Section 91 of the Constitution Act?

Broadly speaking, section 91 of the Constitution Act, 1867 assigns matters that affect the entire country to the federal Parliament. Some heads of power were assigned to the federal Parliament to ensure legal consistency across the country; this pertains to matters such as bankruptcy, divorce, and criminal law.

What is the purpose of section 91?

Section 91(24) states that the federal government has exclusive authority over “Indians and Lands reserved for Indians”. This means that the federal government—and not the provinces—has the authority to pass laws that are “in pith and substance” about First Nations people and their lands.

What is the effect of sections 91 and 92 of the Constitution Act 1867 the Canadian Constitution )?

Sections 91 and 92 set out the division of powers between the federal and provincial governments. Section 121 provides for free inter-provincial trade.

What is the notwithstanding clause?

It is commonly known as the notwithstanding clause (la clause dérogatoire, or la clause nonobstant in French), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.

What is the most important type of law in Canada?

The Canadian constitution is the set of rules that define the powers of the government and the rights of the people. The Charter lists Canadians’ most important rights and freedoms. The constitution, which includes the Charter, is the highest law in Canada.

What powers did Canada possess in 1867?

It provided for the union (confederation) of three of the five British North American colonies into a federal state with a parliamentary system modelled on that of Britain. The three colonies were Nova Scotia, New Brunswick and the Province of Canada (which was divided into Ontario and Quebec).

Can Canadian provinces make their own laws?

The national Parliament has power “to make laws for the peace, order and good government of Canada,” except for “subjects assigned exclusively to the legislatures of the provinces.” The provincial legislatures have power over direct taxation in the province for provincial purposes, natural resources, prisons (except …

What powers do Canadian provinces have?

Among other things, provincial governments have jurisdiction over: their internal constitutions; direct taxation for provincial purposes; municipalities; school boards; hospitals; property and civil rights (their largest area of responsibility); administration of civil and criminal justice; penalties for breaking …

What is the difference between a right and a freedom?

The main difference between a right and freedom is a right is an entitlement to a given thing. For example, a person working at a job has a right to receive their salary as per the contract. However, freedom refers to the state in which a government cannot restrict a person from performing a certain activity.

What is wrong with Canada’s justice system?

Some of its values and principles are outdated, including relying too heavily on punishment and incarceration and not enough on rehabilitation and community-based sentencing. There is inadequate use of restorative justice and other alternatives as meaningful ways of holding individuals to account.

Where did the name Toronto carry place come from?

It also appears on French maps referring to various locations, including Georgian Bay, Lake Simcoe, and several rivers. A portage route from Lake Ontario to Lake Huron running through this point, known as the Toronto Carrying-Place Trail, led to widespread use of the name.

When did Toronto become the capital of Upper Canada?

After the broadly disputed Toronto Purchase, when the Mississauga surrendered the area to the British Crown, the British established the town of York in 1793 and later designated it as the capital of Upper Canada. During the War of 1812, the town was the site of the Battle of York and suffered heavy damage by American troops.

How many languages are spoken in the city of Toronto?

More than 50 percent of residents belong to a visible minority population group, and over 200 distinct ethnic origins are represented among its inhabitants. While the majority of Torontonians speak English as their primary language, over 160 languages are spoken in the city.