The Exercise of Public Power

On what basis was Canada founded?

Canada was founded on the basis of dividing legislative power between a national legislature, Parliament, and regional or provincial legislatures.

What are matters within federal jurisdiction?

Matters within federal jurisdiction include criminal law, trade and commerce, and banking.

What are matters within provincial jurisdiction?

Matters within provincial jurisdiction include hospitals and municipalities, as well as property and civil rights.

Is each province able to appoint judges?

Each province also has the authority to appoint judges.

What must Executive action comply with?

Executive action must comply with the provisions of the Constitution because it can be authorized only by statutes that themselves are consistent with the Constitution.

What is federalism the response to?

Federalism is a political and legal response to underlying social and political realities.

What is the dominant principle of Canadian constitutional law?

Federalism is the dominant principle of Canadian constitutional law.

Describe judicial decision-making?

Judicial decision-making is retrospective (oriented to past events), localized in impact (oriented to individual disputes), and narrow in outcome (oriented to the application of principles to facts to produce the "right" outcome).

What does judicial independence ensure?

Judicial independence ensures that "judges, as the arbiters of disputes, are at complete liberty to decide individual cases on their merits without interference."

How does judicial independence protect judges?

Judicial independence insulates judges from retaliation from other branches of government for their decisions and guarantees that "the power of the state is exercised in accordance with the rule of law and the provisions of our Constitution."

Describe legislative decision-making?

Legislative decision-making is prospective (oriented to the future), broad in impact (oriented to the public interest, or interests of large groups), and open-ended in range of outcomes.

Where is legislative power derived from?

Power is derived from the Constitution of Canada.

What should happen if the prime minister or their government loses confidence of the legislature?

Should the prime minister and his or her government lose the confidence of the legislature, they must either resign and a new government be formed form the existing membership of the House of Commons or seek a dissolution of Parliament and the holding of new elections.

How is public power divided?

The Constitution Act, 1867 divides public power into the three branches: Part III describes "executive power" at the federal level (ss.9 to 16) Part IV describes federal "legislative power" (ss.17 to 57) Part V describes provincial "executive power" (ss.58 to 68) and "legislative power" (ss.69 to 90) Part VII deals with the "judicature" (ss.96 to 101)

What is the executive concerned with?

The Executive is concerned with the implementing of law.

What is the judiciary concerned with?

The Judiciary is concerned with interpreting and the application of law.

What branch is superior to the executive branch?

The Legislative branch is superior to the executive branch.

What is the legislature concerned with?

The Legislature is concerned with the making of law.

How does the Supreme court describe judicial independence?

The Supreme Court has described judicial independence as the "lifeblood of constitutionalism in democratic societies."

What is the core jurisdiction of superior courts?

The core jurisdiction of superior courts encompass two crucial public law powers: (1) The jurisdiction to rule on the constitutional validity of all ordinary laws in Canada (constitutional law) and; (2) The jurisdiction to supervise the activities of executive government and other statutorily delegated actors to ensure that they act within their statutory authority (administrative law).

What does the courts recognize federalism as?

The court recognized "federalism" as an unwritten principle of the Canadian Constitution, describing it as the means of recognizing regional cultural diversity at the founding of Canada.

Can delegated authority be revoked?

The delegation can always be revoked by the legislature by amendment or repeal.

What does the doctrine of exhaustion mean?

The doctrine of exhaustion of state power meant that if one level of legislature was unable to enact a law for jurisdictional reasons, then the law could be passed by the other level.

What is the executive dependent on for authority to act?

The executive in Canada is wholly dependent on and subordinate to the legislative branch for its authority to act.

What does the executive include?

The executive includes all ministries of government and their employees - the civil service. It also includes the armed forces and Crown corporations.

Where does the executive locate authority to act?

The executive must locate any authority it has to act in Canadian society from a statutory source.

Who branch of government elects justices?

The federal executive shall appoint the justices of the country's superior, county, and district courts.

What does the federal structure of Canada facilitate?

The federal structure of our country also facilitates democratic participation by distributing power to the government thought to be most suited to achieving particular societal objectives.

What is the goal of separating the branches of government?

The goal of separating the branches is to balance them against each other and reduce the possibility of concentrating public power in any one person or institution.

How is the legislative branch divided?

The legislative branch is divided between the federal legislature (Parliament), comprising the House of Commons and an appointed Senate, and the elected legislatures in each province.

What is the supreme source of law making authority in Canada?

The limits placed on substantive law making by the Charter, virtually required recognition of the written Constitution as being the supreme source of law-making authority in Canada.

What does the override provision allow?

The override provision, section 33, in the Charter allows either Parliament or a provincial legislature to enact legislation if certain Charter rights are violated, otherwise known as the "notwithstanding clause."

What does the principle of federalism recognize?

The principle of federalism recognizes the diversity of the component parts of Confederation, and the autonomy of provincial government to develop their societies within the respective spheres of jurisdiction.

What textual source accounts for the division of powers?

The principle textual source of the division of powers is found in sections 91 and 92 of the Constitution Act, 1867.

Why is the separation of powers important?

The separation of powers is important because it serves two purposes: (1) A functional purpose of identifying the institutional homes of each of the three major forms of public power; (2) A normative purpose of providing general boundaries for the operation of each institution.

What does the separation-of-powers doctrine refer to?

The separation-of-powers doctrine refers to the division of governmental functions between the legislative, executive, and judicial branches of the state.

Is there an overlapping of personnel between the legislature and the executive?

There is an overlapping of personnel between the legislature and the executive. The prime minister and members of their Cabinet, make up the executive council, are elected members of the legislature.

How do legislators delegate elements of their power to executive actors?

Through statutes, legislators delegate elements of their power to executive actors, such as the federal or provincial Cabinet, a particular minister of the Crown, or a local public health official.

What did Canada adopt in the Constitution Act, 1982?

With the Constitution Act, 1982, Canada adopted both a Charter of Rights and Freedoms and an express declaration of constitutional supremacy.