The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.
Canadian federalism involves the current nature and historical development of the federal system in Canada.
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government has encroached upon the exclusive jurisdiction of another level of government.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
Kirkbi AG v. Ritvik Holdings Inc., popularly known as the Lego Case, is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.
The Bankruptcy and Insolvency Act (the Act) is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada.
In Canadian constitutional law, the doctrine of paramountcy 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.
Multiple Access Ltd v McCutcheon is a leading constitutional decision of the Supreme Court of Canada on the resolution of overlapping federal and provincial laws under the doctrine of double aspect.
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled intra vires, as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable.
Canadian Western Bank v Alberta [2007] 2 S.C.R. 3 is a landmark decision in Canadian constitutional law by the Supreme Court of Canada (SCC) relating to the division of powers between Federal and Provincial legislative bodies.
Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, arising from the Ontario courts as Re Indalex Limited, is a decision of the Supreme Court of Canada that deals with the question of priorities of claims in proceedings under the Companies' Creditors Arrangement Act, and how they intersect with the fiduciary duties employers have as administrators of pension plans.
Quebec (AG) v Canadian Owners and Pilots Assn, 2010 SCC 39, [2010] 2 SCR 536, also referred to as Quebec v. COPA, is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law.
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.
The Preamble to the Constitution Act, 1867 provides:
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:
And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:
And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:
And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:
Marine Services International Ltd v Ryan Estate, 2013 SCC 44 is a leading case of the Supreme Court of Canada concerning the coexistence of Canadian maritime law with provincial jurisdiction over property and civil rights, and it marks a further restriction upon the doctrine of interjurisdictional immunity in Canadian constitutional jurisprudence.
Canada (AG) v Ontario (AG)[1937] UKPC 6, [1937] A.C. 326, also known as the Labour Conventions Reference, is a landmark decision of the Judicial Committee of the Privy Council concerning the distinct nature of federal and provincial jurisdiction in Canadian federalism.
Bank of Montreal v Marcotte, 2014 SCC 55 is a ruling of the Supreme Court of Canada. Together with Amex Bank of Canada v. Adams, 2014 SCC 56 and Marcotte v. Fédération des caisses Desjardins du Québec, 2014 SCC 57, it represents a further development in Canadian constitutional jurisprudence on the doctrines of interjurisdictional immunity and paramountcy, together with significant clarifications on the law concerning class actions in the Province of Quebec, which is similar to that in operation in the common law provinces.
Canada (AG) v PHS Community Services Society, 2011 SCC 44, [2011] 3 SCR 134 is a leading Supreme Court of Canada case dealing with the application of the criminal law and healthcare heads of power found in section 91 and section 92 of the Constitution Act, 1867 and the principles of fundamental justice in section 7 of the Canadian Charter of Rights and Freedoms.
Section 92(14) of the Constitution Act, 1867, also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on:
14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Desgagnés Transport Inc v Wärtsilä Canada Inc, 2019 SCC 58 is a major Canadian constitutional law ruling by the Supreme Court of Canada concerning the interplay of federal and provincial jurisdictions under the Constitution Act, 1867.
