Constitutional Law Overview

Constitution Act

Supreme law in Canada, outlines legal system structure

Legitimacy of Action

Ability to determine the legality of an action

Gray Areas

Ambiguous legal territories open to interpretation

Abuse of Power

Misuse of authority, challengeable and defensible

Shared Subjects

Topics under both federal and provincial jurisdiction

Bijural

Incorporating common law and civil code (Quebec)

Parliamentary Supremacy

Except concerning Charter and jurisdiction

Independent Judiciary

Judiciary separate from legislative and executive branches

Democratic

Government by the people, for the people

Rule of Law

Principle that all individuals and entities are subject to the law

Open Society

Society where freedom of expression and democratic governance prevail

Division of Powers

Allocation of subject matters between federal and provincial jurisdictions

Heads of Power

Subject matters delineated in sections 91 and 92 of the Constitution Act

Implied Jurisdiction

Subject matters inferred within existing 1867 subjects

Declaratory Power

Federal power to declare new subject matters under s. 92

POGG Clause

Federal power over matters not exclusively assigned to provinces

Residual Power

Federal authority over new significant subject matters

POGG Clause Criteria

Determining if a topic warrants federal legislation

National dimension (concern) test

Subject matter beyond a province's effective dealing, mobile, crosses boundaries, common concern, or requires treaties.

National emergency test

Test for national emergencies.

Residual/Gap branch

Branch related to residual or gap jurisdiction.

Exclusive Jurisdiction

When one government has jurisdiction over a subject matter exclusively.

Paramountcy Doctrine

Conflict resolution where federal law takes priority over provincial law for shared subject matters.

Provincial - Municipal Conflict

Priority of provincial Act over municipal by-law in case of conflict.

The Territories

Yukon, NWT, and Nunavut are not constitutional provinces and have delegated law-making powers.

Judicial Review

Issue appeal to court for proper jurisdiction determination.

Grounds for challenging a statute through judicial review

Includes jurisdiction violation and Charter of Rights and Freedoms violation.

Grounds for challenging actions of government agents through judicial review

Includes Charter violation, lack of statutory powers, and violation of rules of natural justice.

The rules of natural justice

Principles of procedural justice ensuring fairness in decision-making.

Section 91 and 92 Challenges

Determining jurisdiction over subject matters through judicial review.

Federal Heads of Power

Enumerated federal powers under Section 91.

Lines of steam or other ships

Includes railways, canals, telegraphs, and other works connecting provinces or extending beyond provincial limits.

Declared Federal Subjects

Includes canals, public harbours, lighthouses, piers, rivers and lakes improvement, railways, military roads, and customs.

Spending Power

Federal control over subjects like health or education through conditional money transfers to provinces.

Main Federal Environmental Powers

Include POGG, regulation of trade and commerce, navigation, criminal law, and federal public lands.

Federal OHS Jurisdiction

Occupational Health and Safety jurisdiction divided between federal and provincial levels.

Federal Workplaces(OHS Federally Regulated)

Examples: federal civil service, airlines, railways, shipping, canals, RCMP, radio, banks, nuclear sector.

Federal Criminal Power

Criminal law jurisdiction exclusively federal; Bill C-45 amended Criminal Code for workplace negligence.

Provincial Heads of Power

Enumerated provincial powers include taxation, borrowing, public lands, prisons, hospitals, municipal institutions, and local works.

Implied Provincial Powers

Aspects of public health, OHS, and environment implied in provincial legislative powers.

Incorporation of companies with provincial objects

Provincial power to establish companies for provincial objectives.

Solemnization of marriage in the province

Provincial authority over marriage ceremonies within the province.

Property and civil rights in the province

Provincial jurisdiction over property rights and civil matters within the province.

Administration of justice in the province

Provincial control over the constitution, maintenance, and organization of provincial courts and justice administration.

Imposition of punishment by fine, penalty, or imprisonment

Provincial authority to enforce laws through punitive measures within the province.

Main Provincial Environmental Powers

Includes municipal institutions, local works and undertakings, property and civil rights, matters of merely local or private nature, and provincial Crown lands.

Main Provincial Public Health Powers

Involves municipal institutions, local works and undertakings, property and civil rights, and matters of merely local or private nature in the Province.

Provincial Power Over OHS

Under Section 92(13), covers property and civil rights in the province, including employment contracts and occupational health and safety regulations.

Provincial Workplaces(OHS Provincially Regulated)

Includes sectors like manufacturing, industrial, commercial, forestry, mining (except uranium), construction, local transportation, municipal workers, utilities, hospitals, universities & schools, trust and credit companies, provincial civil service, and shops.

Typical Delegated Powers to Municipal Governments

Examples include noise by-laws, nuisance by-laws, non-smoking by-laws, sanitary and storm sewer by-laws, garbage collection, refuse and litter by-laws, and planning and development issues.

Cooperation between Federal and Provincial Powers

Describes the collaboration and interaction between federal and provincial authorities in governing various aspects within their jurisdictions.

Application of Provincial Laws to Federal 'Enclaves'

Explains the application of provincial laws to federal territories, considering the impact on federal undertakings and workers entering provincial jurisdictions.

Role of the Crown

Details how the involvement of the provincial or federal Crown in certain activities can determine the jurisdiction of laws, such as occupational health and safety regulations.

Interlocking Federal-Provincial Regimes

Refers to the coordination between federal and provincial regulatory frameworks, where federal laws govern federal matters and provincial laws cover provincial issues.

Constitutional Words

Includes terms like constitution, federal state, unitary state, rule of law, common law, stare decisis, civil code, separation of powers, and more.

Ex. Constitutional Jurisdiction Over Water?

Illustrates the complexity of constitutional law regarding water jurisdiction, covering various aspects like pollution, drinking water standards, fisheries, aqua-farming, and more.