Canadian federalism involves the current nature and historical development of the federal system in Canada.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
In Canadian law, a reference question or reference case is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
The Nelson and Fort Sheppard Railway (N&FS) is a historic railway that operated in the West Kootenay region of southern British Columbia. The railway's name derived from a misspelling of Fort Shepherd, a former Hudson's Bay Company fort, on the west bank of the Columbia River immediately north of the border.
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. There are also 13 Supreme Court masters who hear and dispose of a wide variety of applications in chambers.
Fassett is a municipality and village in the Papineau Regional County Municipality in Quebec, Canada, located on the north shore of the Ottawa River east of Montebello.
The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act.
Citizens Insurance Co of Canada v Parsons is a major Canadian constitutional case decided by the Judicial Committee of the Privy Council, at that time the highest court of appeal for the British Empire. The case decided a significant issue of the division of powers between the federal Parliament and the provincial legislatures. The approach taken to provincial power, as advocated by Premier Oliver Mowat of Ontario, began to set the constitutional framework for broad provincial powers and a reduction in the centralist vision of Confederation espoused by Prime Minister John A. Macdonald.
Union Colliery Co of British Columbia v Bryden is a Canadian constitutional decision of the Judicial Committee of the Privy Council where the exclusivity principle in Canadian federalism and pith and substance analysis was first articulated.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
Notre-Dame-de-Bonsecours is a municipality in the Outaouais region of Quebec, Canada. It is located along the Ottawa River, about 55 kilometres (34 mi) east of Gatineau. It was formerly known as Notre-Dame-de-Bon-Secours-Partie-Nord. It is the least populated municipality in the Papineau Regional County Municipality.
Paul v British Columbia (Forest Appeals Commission), 2003 SCC 55, is a leading Supreme Court of Canada decision in administrative law and aboriginal law. The case stands for the proposition that a provincial administrative actor granted the power to determine questions of law may adjudicate matters within federal legislative competence, including s. 35 aboriginal rights matters.
Dow v Black is a Canadian constitutional law decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in the Constitution Act, 1867. The issue was whether a provincial statute which authorised the municipality of St. Stephen, New Brunswick to issue a debenture to fund a railway connecting to the United States was within provincial jurisdiction as a local tax matter, or whether it intruded on federal jurisdiction over inter-provincial and international railways.
Canadian Pacific Railway Co. v Notre Dame de Bonsecours is a Canadian constitutional law decision, dealing with the powers of the provinces under the Constitution Act, 1867. The point in issue was whether the Canadian Pacific Railway Company, a federally regulated railway, was required to comply with an order issued by a municipality under provincial law. The municipal order required the CPR Co. to clean a ditch beside its rail line, which had become blocked and flooded neighbouring land, under penalty of $20 per day until the ditch was cleared.
Valin v Langlois is a Canadian constitutional law decision from the Supreme Court of Canada, concerning the jurisdiction of the federal Parliament over federal elections, as well as the constitutional jurisdiction of the provincial superior courts. The Court held that the Parliament of Canada has sole jurisdiction to enact laws regulating federal elections, including provisions for controverted elections. The Court also held that the provincial superior courts have general jurisdiction over questions of federal and provincial law, and that Parliament could give provincial courts jurisdiction to apply federal laws.
Bourgoin v La Compagnie du Chemin de Fer de Montréal, Ottawa & Occidental, and Ross is a Canadian constitutional law case decided by the Judicial Committee of the Privy Council, at that time the highest court of appeal for the British Empire. Although the case initially dealt with the power of arbitrators under the federal Railway Act, the underlying constitutional issue was the relationship between federal and provincial regulation of a railway in Quebec. The Judicial Committee ruled that the province could not unilaterally take over ownership and regulation of a federally regulated railway.
Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.
