ADMS 2610 Lecture Notes - Concurrent Jurisdiction, Public Law, Lex Mercatoria

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SOME HIGHLIGHTS OF LECTURE 1 ON CHAPTERS 1 AND 2
The Canadian Legal System
In addition to the Constitution, and written and unwritten law, the Canadian
Legal system is comprised of three Branches of Government:
1. Legislative Branch: creates law in the form of statutes. Synonyms for statutes
are legislation, and Acts if Parliament or Acts.
As between the federal government and the provincial governments, in order to
determine which government has the right to enact a statute or legislation, you must
refer to the Canadian Constitution which is comprised of both the British North
America Act, 1867 (now called theConstitution Act, 1867); and the Canadian
Charter of Rights and Freedoms. In the Constitution Act 1867, sections 91 and 92
of this Act set out the division of powers between the Federal Government (section
91) and the Provinces (Section 92) or, in other words, the jurisdiction of the Federal
Government and the provinces. For example, the federal government has exclusive
jurisdiction over criminal law, navigation and shipping, bankruptcy and insolvency,
national defence and currency etc…, while the provincial governments have
jurisdiction over property and civil rights, matters of a local or private nature in a
province, the solemnization of marriage, administration of justice (the court system)
etc…. Exclusive jurisdiction means that the jurisdiction held by that particular level
of government is not shared with another. In other words, if the federal government
has exclusive jurisdiction in a specific area such as criminal law, the provinces cannot
enact or make or pass any laws in that area.
Sometimes, however, a given area does not fall into section 91 or 92 so that both the
provinces and the federal government can pass laws relating to that area. For
example, “public health”. This is called concurrent jurisdiction. However, where
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Document Summary

Some highlights of lecture 1 on chapters 1 and 2. In addition to the constitution, and written and unwritten law, the canadian. Legal system is comprised of three branches of government: legislative branch: creates law in the form of statutes. Synonyms for statutes are legislation, and acts if parliament or acts. As between the federal government and the provincial governments, in order to determine which government has the right to enact a statute or legislation, you must refer to the canadian constitution which is comprised of both the british north. America act, 1867 (now called theconstitution act, 1867); and the canadian. In the constitution act 1867, sections 91 and 92 of this act set out the division of powers between the federal government (section: and the provinces (section 92) or, in other words, the jurisdiction of the federal. Exclusive jurisdiction means that the jurisdiction held by that particular level of government is not shared with another.

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