Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures.
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What is the difference between section 91 and 92?
Section 91(26) gives Parliament exclusive jurisdiction over marriage and divorce, while section 92(12) grants the provincial legislatures exclusive power to legislate in relation to the solemnization of marriage.
What does Section 92 of the Constitution cover?
92 In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, 1. 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
What powers are spelled out in Section 91 of the BNA Act?
The fixing of and providing for the salaries and allowances of civil and other officers of the Government of Canada.
What is Section 93 of the Constitution Act Canada?
Section 93 of the 1867 British North America Act lays down the constitutional framework of public education in Canada. It authorizes provincial legislatures to make laws related to education in their provinces but disallows laws that infringe upon the interests of certain groups.
What is a Section 91?
Section 91 provides for long terms of detention for other ‘grave crimes’ up to the maximum available in the case of an adult. In the case of a young person aged 10-17 the offences to which the provisions apply are: An offence punishable in the case of an adult with imprisonment of 14 years or more.
What is a Section 92 Court?
92(14) of responsibility to constitute, maintain and organize courts for the administration of one particular area of federal law, namely, criminal law, is unique.
What did Section 91 of the BNA Act say about the relationship between the government and the indigenous peoples of Canada?
Section 91(24) states that the federal government has exclusive authority over “Indians and Lands reserved for Indians”. This means that the federal government—and not the provinces—has the authority to pass laws that are “in pith and substance” about First Nations people and their lands.
What was the main objective of the Constitution of 1992?
A major step towards decentralization was taken in 1992. The Constitution was amended to make the third-tier of democracy more powerful and effective. The provisions of Constitutional Amendment are as follows: To hold regular elections under the local government bodies has been made compulsory.
What does Section 9 of the Constitution mean?
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
What was the BNA Act and why was it so important?
The British North America Act, 1867
It formally united the colonies entering Confederation and established federalism – meaning the distribution of powers between the federal Parliament and the provincial legislatures.
Does federal law override provincial law?
Under this doctrine, a provincial law that conflicts with a federal law will be inoperative to the extent of the conflict. This means the federal legislation takes precedence over the provincial.
Is BNA Act part of the Constitution?
The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution.
What is Section 93 about and why is it so important that it is given a separate section in our Constitution?
It gives the provinces a broad legislative jurisdiction over education. Section 93 also contains guarantees of publicly funded denominational and separate schools for Catholic or Protestant minorities in some provinces.
What does Section 9 of the Charter say?
Section 9 of the Charter protects your right to be free from arbitrary detention or imprisonment. You can only be detained or imprisoned where reasonable grounds exist.
What subsection grants provinces residual power under section 92?
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.
What kind of relief is provided by section 91 in case of public nuisance?
Public nuisance derives support from section 91 of CPC that lays down the procedure for initiation of a civil suit for the offense of public nuisance. Being purely procedural, the section gives the flexibility of seeking parallel remedies in criminal jurisdiction or damages under law of torts.
Can accused invoke Section 91?
The Court can invoke Section 91 either suo moto or on behest of some stakeholder in the process of investigation, inquiry, trial or other proceedings. The cause for invoking Section 91 can arise from any source, be it victim, accused (except during pendency of investigation) and Police.
How do I apply for Section 91 14?
The application may be made in writing using Form C2, or orally during the hearing. 3.4 Under section 91(14), an order may only be made when disposing of another application under the Act, but section 91(14) is silent on when an application for such an order may be made.
What are the elements of section 92 IPC?
A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.
What happens if you ignore a High Court order?
An individual will be in contempt of court if they interfere with the administration of justice. Deliberately breaching a court order may be in contempt of court. Sanctions for contempt of court include: Imprisonment.