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.
Bora Laskin was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia.
Ronald Martland, was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. He was the second Albertan appointed to the Supreme Court of Canada, taking the place of Justice Nolan, who died after only a short time on the Court.
Roland Almon Ritchie, was a Canadian lawyer and puisne justice of the Supreme Court of Canada.
The legal dispute over Quebec's language policy began soon after the enactment of Bill 101, establishing the Charter of the French Language, by the National Assembly of Quebec in 1977.
Jean-Marie Philémon Joseph Beetz,, c.r. was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
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.
Section 92(13) of the Constitution Act, 1867, also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on:
13. Property and Civil Rights in the Province.
R v Hauser, [1979] 1 S.C.R. 984 is a leading constitutional decision of the Supreme Court of Canada, where, In a four to three decision, the Court upheld the federal Narcotic Control Act as constitutional under the peace, order and good government power. This case is particularly unusual as the Act had previously held to be constitutional under the Criminal law power in the decision of Industrial Acceptance Corp. v. The Queen [1953] 2 S.C.R. 273.
The Supreme Court of Canada was founded in 1875 and has served as the final court of appeal in Canada since 1949. Its history may be divided into three general eras. From its inception in 1875 until 1949, the Court served as an intermediate appellate court subject to appeal to the Judicial Committee of the Privy Council in Britain. Following 1949, the Court gained importance and legitimacy as the court of last resort in Canada, establishing a greater role for the Canadian judiciary. In 1982, the introduction of the Canadian Charter of Rights and Freedoms significantly changed the role of the Court in Canadian society, by providing the Court with greater powers of oversight over Parliament and through formal recognition of civil rights including aboriginal rights and equality rights.
Reference Re Farm Products Marketing Act (Ontario), 1957 S.C.R. 198 is a leading Supreme Court of Canada decision on the Trade and Commerce power allocated to the federal government under section 91(2) of the Constitution Act, 1867. The Court held that the Trade and Commerce power applied not just to trade but also to the flow of goods.
Siemens v Manitoba (AG), [2003] 1 S.C.R. 6, 2003 SCC 3 is a leading Supreme Court of Canada decision on whether provincial plebiscite, used to determine if video lottery terminals (VLTs) should be banned from individual communities, are constitutional. The Court held that the plebiscites were a valid exercises of the province's power to legislate on matters "of a local nature" under section 92(16) of the Constitution Act, 1867, and that the plebiscite did not violate the rights of the VLT owners under sections 2(b), 7 and 15(1) of the Canadian Charter of Rights and Freedoms.
Morgentaler v R is a decision of the Supreme Court of Canada where physician Henry Morgentaler unsuccessfully challenged the prohibition of abortion in Canada under the Criminal Code. The Court found the abortion law was appropriately passed by Parliament under the laws of federalism. This was the first of three Supreme Court decisions on abortion that were brought by Morgentaler.
R v Hydro-Québec, [1997] 3 S.C.R. 213 is a leading constitutional decision of the Supreme Court of Canada. The Court held that the Canadian Environmental Protection Act, a law for the purpose of protecting the environment, constituted criminal law and was upheld as valid federal legislation.
Devine v Quebec (AG), [1988] 2 S.C.R. 790 is a leading Supreme Court of Canada decision on the constitutional protection of minority language rights.
Section 91(27) of the Constitution Act, 1867, also known as the criminal law power, grants the Parliament of Canada the authority to legislate on:
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
Section 91(2) of the Constitution Act, 1867, also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on:
2. The Regulation of Trade and Commerce.
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.
