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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 a
fountain of information on each of these topics, including original
works, caselaw, and links to relevant sites.
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