What is Section 91 24 of the Constitution Act, 1867?
Section 91(24) states that the federal government has exclusive authority over “Indians and Lands reserved for Indians”. This means that the federal government—and not the provinces—has the authority to pass laws that are “in pith and substance” about First Nations people and their lands.
What did the Constitution Act of 1867 do?
It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures.
What is Section 35 of the Canadian Constitution?
Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal rights. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
What is the effect of sections 91 and 92 of the Constitution Act, 1867?
Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures.
What are the differences between the Constitution Act, 1867 and the Constitution Act 1982?
Rather than being an entirely new constitution, the 1982 act is an amendment of the 1867 BNA (renamed ‘Constitution Act, 1867’), and keeps the same governmental structure in place. The executive authority is formally vested in the Queen and exercised by the Governor-General.
What is the significance of Sections 91 93 of the Constitution Act, 1867?
Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures. Areas of legislative authority are often referred to as “heads of power.”
What is Section 38 of the Constitution?
Enforcement of rights 38. Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
What is the effect of sections 91 and 92 of the Constitution Act, 1867 the Canadian Constitution )?
Sections 91 and 92 set out the division of powers between the federal and provincial governments. Section 121 provides for free inter-provincial trade.
What powers are granted under section 91?
Residuary Power The Constitution Acts, 1867 to 1982, s. 91, confer on the Federal Parliament the power ” to make Laws for the Peace, Order and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces”.