LAW 122 Lecture Notes - Lecture 5: Freedom Of Movement, Ultra Vires
15 Sep 2017
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Document Summary
Canada is a federal country because it has two constitutionally recognized levels of government: federal and provincial. (municipalities are a third level of government formed pursuant to provincial or territorial legislation. ) Both levels of government have legislative power, in the sense that they can both create laws by enacting statutes. In most instances, however, it would be undesirable if both levels of government were able to legislate with respect to the same issue. To take a simple example, chaos would ensue if the federal government required driving on the left side of a highway at the same time that a provincial government required driving on the right side. To avoid such difficulties, sections 91 and 92 of the constitution allocate authority over certain topics to one level of government or the other. Sections 91 and 92 are not, however, exhaustive.
