Reading Time: < 1 minuteDisponible en français. Canada’s Constitution Act, 1867 does not assign transportation to either Parliament or the provincial legislatures. Instead, jurisdiction to regulate in relation to a specific transportation issue depends on which constitutional subject matter is engaged by the proposed law or regulation…. Read More ›
Division of Federal and Provincial Legislative Powers
‘Welfare’ of a Nation: The Origins of ‘Peace, Order and Good Government’
Reading Time: 5 minutesDisponible en français. Some 160 years ago, Canada’s Fathers of Confederation hit upon a phrase that has come to define Parliament’s lawmaking authority in relation to the provinces. The phrase “peace, order and good government” is found in the opening… Read More ›
The Constitution, Carbon Pricing and Environmental Assessment
Reading Time: 5 minutesDisponible en français. Two environmental laws. Two constitutional challenges. Two Supreme Court of Canada (Supreme Court) opinions. Two different outcomes. An examination of two recent environmental law cases demonstrates the reach and limitations of the federal government’s ability to make… Read More ›
Executive Summary – The Distribution of Legislative Powers: An Overview
Reading Time: 2 minutesDisponible en français. The distribution of legislative powers among the various levels of government is a key feature of federalism. To guide this distribution, the Constitution Act, 1867 divides legislative powers between the Parliament of Canada and the provincial legislatures. These powers are… Read More ›