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13. Property and Civil Rights in the Province. It is one of three key residuary powers in the Constitution Act, 1867, together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province.
Section 92 has been amended once since the Act was enacted in 1867. Section 92(1) originally gave the provincial legislatures the power to enact laws to amend the constitutions of the provinces, other than the office of the Lieutenant Governor. Section 92(1) was repealed as part of the Patriation of the Constitution.
The limitation on the scope of this clause stems from the narrow interpretation of its branches and the expansive interpretation of provincial powers under section 92 of the Constitution Act, 1867. Particularly limiting is the breadth of provincial power over property and civil rights under s. 92(13).
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the ...
The Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
Section 91 of the Constitution Act, 1867 (French: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867.
Nos. 12-3176, 12-3644 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CHRISTOPHER HEDGES, et al., Plaintiffs-Appellees, v. BARACK OBAMA, individually and as
Section 94 is an example of that approach, as it would allow the federal Parliament to assume jurisdiction over property and civil rights, which is normally a matter of exclusive provincial jurisdiction under section 92(13) of the Constitution Act, 1867, [8]: 270–275 and over procedure in the civil courts, which is a matter of provincial ...