Canadian federalism involves the current nature and historical development of the federal system in Canada.
The legal system of Canada has its foundation in the English common law system, inherited from its period as a colony of the British Empire. The legal system is bi-jurisdictional, as the responsibilities of public and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law.
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.
The court system of Canada forms the judicial branch of government, formally known as "The Queen 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.
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.
R v Edwards Books and Art Ltd [1986] 2 SCR 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law. The Court found that the legislation was within the power of the province to legislate but it was in violation of the right to freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms ("Charter"). However, it could be saved under section 1.
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.
Royal Bank of Canada v R, is a notable Canadian constitutional decision of the Judicial Committee of the Privy Council where the Council limited the province's ability to create laws in relation to extraprovincial contractual rights.
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.
Union Colliery Co of British Columbia v Bryden is a famous 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.
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.
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions, and obligations of non-unioned workers and employers in Canada.
Reference Re Canada Assistance Plan (BC), [1991] 2 S.C.R. 525 is a leading constitutional decision of the Supreme Court of Canada. The Court held that courts have a residual discretion to refuse to answer reference questions where there is insufficient legal content or where the court would be unable to provide a complete and accurate answer.
Hunt v T&N plc, [1993] 4 S.C.R. 289 is a landmark decision of the Supreme Court of Canada on conflict of laws. The Court ruled that the Quebec law prohibiting the removal of company documents from the province was constitutionally inapplicable to a British Columbia court order. The decision was significant in that it affirmed much of the reasoning from Morguard Investments Ltd. v. De Savoye (1990) and further held that the principles first identified in Morguard are fundamental to the constitution.
Kruger v R, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the federal government. The Court found that the Indian Act's statement that provincial laws may apply to Aboriginal peoples in Canada as long as they apply to other people protects laws even if these laws affect Aboriginals more than others.
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.
William ("Bill") S. Berardino, is a British Columbia lawyer who was appointed by the provincial government to serve as a special prosecutor in the trials associated with the BC Legislature Raids.
Reference Re Assisted Human Reproduction Act is an appeal from the Quebec Court of Appeal to the Supreme Court of Canada on a reference question posed as to the constitutional validity of the Assisted Human Reproduction Act that had been passed by the Parliament of Canada.
The Imperial Tobacco Company of Canada is a Canadian cigarette manufacturing company that is an indirect subsidiary of British American Tobacco. Once known for marketing Sweet Caporals in Canada, Imperial Tobacco is now known for its du Maurier and Peter Jackson brands of cigarettes.
Imperial Tobacco Canada Limited is a cigarette manufacturing company operating in Canada. It is a wholly owned subsidiary of British American Tobacco. It was created in 1908 and bought out the Canadian interests of the American Tobacco Company, which was a monopoly in the United States until it was reorganized in 1911. Imperial Tobacco Canada has had no relationship to Imperial Tobacco Group plc since 1980, though British American Tobacco was established as a joint venture between Imperial Tobacco Group and American Tobacco. Imasco sold their stake to BAT in 2000.
