Jurisdiction

This section introduces concepts related to jurisdiction and foundational principles of the legal system in Canada.

Key Principle: Legitimacy of public power ties to lawful authorization.
The rule of law ensures law reigns supreme over government actions and individual conduct.
- Protects against arbitrary state action.
- Individuals can seek court remedies if state actions violate the law.
Constitution of Canada: Supreme law that enshrines the rule of law.
- Any inconsistent law or action deemed invalid (striking down).
- Comprises written (e.g., Constitution Act, 1867 and 1982) and unwritten components.

Definition: Division of political power between federal and provincial governments.
Each government has defined areas of jurisdiction and law-making authority.
- Established by setting exclusive (federal or provincial) and concurrent (shared) law-making powers.
Provinces are independent entities, thus allowing diversity in laws and political parties across jurisdictions.

Enshrined in the Constitution Act, 1982.
Guarantees fundamental rights and freedoms, limited only by reasonable constraints justified in a democratic society.
- Includes rights like freedom of expression, legal rights, equality rights, and protection against unjust state actions.
Applies to all government activities and legislation.
Transformative impact on Canadian law, ensuring individual rights are upheld in legislation.

Structure inherited from the UK system, combining written rules and unwritten conventions.
- Legislative Branch: Comprised of the Governor General, Senate, and House of Commons.
  - New laws proposed in either house, requiring majority approval.
- Executive Branch: Led by the Prime Minister and Cabinet, accountable to Parliament.
- Political Parties: Fundamental role in governing, shaping executive leadership.

Responsible Government: Convention requiring the executive to act on advice from elected representatives.
Cabinet Confidence: Must maintain the confidence of Parliament to govern.
Law Making: Acts of Parliament and provincial legislatures are passed through specific voting procedures and must receive Royal Assent.

Distinction between Public Law and Private Law:
- Public law concerns the state’s interactions, including criminal law, constitutional law, etc.
- Private law involves disputes between individuals and entities, including contracts, torts, etc.
Procedural Law vs. Substantive Law:
- Procedural law addresses the legal process and rights of parties involved in disputes.
- Substantive law defines rights and duties of individuals.
Civil Law vs. Criminal Law:
- Criminal law pertains to offenses against the state with severe punishments, requiring proof beyond reasonable doubt.
- Civil law encompasses disputes mainly about compensation, relying on the balance of probabilities standard.

Federal and provincial courts exist, specializing in various areas, with the Supreme Court of Canada as the final appellate court.

Each province has a trial court created by provincial statute. Jurisprudence and independence protected upon appointment.
Courts resolve a variety of legal matters, including criminal, family law, and regulatory disputes.

Include specified civil cases and specialized courts like the Federal Court for intellectual property and others.

Commentary on the transformative role the Charter plays in limiting governmental powers post-1982.
Established judicial remedies for rights violations, enhancing court authority in protecting individual freedoms.

Details on the procedures for law-making, underscores the importance of both legislative and executive branches.

Emphasizes public law's role in societal interests and private law's focus on individual disputes.

Details the division of legislative powers between federal and provincial governments as defined in the Constitution Act, 1867.

Sections 91–95 lay down powers of federal Parliament versus provincial legislatures.

Peace, Order, and Good Government (POGG) powers allow national legislation in emergencies or areas not explicitly defined under provincial authority.
- Discusses various areas of federal jurisdiction including trade, criminal law, Indigenous issues, and transportation.

Powerful role of provinces in managing property rights and civil rights, healthcare, education, and municipal institutions.

Explanation of court's role in ensuring compliance with the constitutional division of powers; doctrines like pith and substance, interjurisdictional immunity, and federal paramountcy.
- Each plays a vital part in adjudicating jurisdictional conflicts.