Parliament Powers

Canadian Parliament Powers of Parliament

The British North America Act of 1867, later renamed the Constitution Act of 1867, laid out the powers of Parliament and of the provincial legislatures. Parliament has the power to pass laws for the “peace, order, and good government of Canada,” except for matters assigned to the provincial legislatures. According to the act, Parliament had exclusive power over taxation, national defense, citizenship, banking, criminal law, Indians and Indian lands, trade and commerce, and fisheries. The Constitution Act of 1867 also listed 16 specific areas of provincial responsibility, including education and municipal institutions. Parliament shares jurisdiction with the provinces on issues such as immigration, agriculture, and social policy. Provincial powers have grown, and there is a significant overlap and interlocking of activities between the federal and provincial governments in Canada.

Parliament cannot pass laws that infringe on the freedoms set down in the Canadian Charter of Rights and Freedoms, adopted as part of the constitution in 1982. The charter protects rights of free speech, free expression, and free assembly; guarantees the right to participate in democratic elections and to have a fair and prompt trial; and acknowledges the rights of minority groups. However, all of the charter rights are “subject to such reasonable limits as can be demonstrably justified in a free and democratic society.” Canada's judiciary, including the Supreme Court of Canada, determines whether Parliament has overstepped its bounds, in relation to either provincial powers or to charter rights. (1)

More about the Canadian Parliament

• Canadian Parliament
• Parliament Powers
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• Debates About Ministerial Responsibility
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• Influences on the Legislative Process
• History of Parliament
• Parliament (in General in Canada)
• Parliament (in the World)

Resources

Notes and References

1. Encarta Online Encyclopedia

See Also

Law is our Passion

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This entry was last updated: March 23, 2014