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Division of Powers - Introduction
Constitutional law in Canada may
be divided into two separate subjects: the division of powers; and the
Charter of Rights and Freedoms. The division of powers in Canada has
received sustained attention from the Courts since the creation of this
federation in 1867.
The
totality of governing power in Canada is divided between two
levels of government - the federal government and the provincial
governments. Each level of government is supreme in its area of
jurisdiction. The governing constitutional document dividing power between
each level of government is the Constitution
Act, 1867. Section 91 lists the enumerated powers of the federal
government; section 92 lists the enumerated powers of the provincial
government. Certain division of powers topics are of particular interest to
the constitutional lawyer. This website provides information on each of
these topics, including original works, case law, and links to relevant
sites.
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