Government and Statute Law.ppt

Government and Statute Law Chapter 3 Laws have to………. Meet legal challenges and approval of citizens. They must be enforceable. Should present a balance between competing interests. Must be constitutional! Should do what they are intended to do. Be within the jurisdiction of the authority making the law. Canada’s Constitution The British North America Act was passed by the British parliament in 1867 and was proclaimed into law on July 1st, Canada’s birthday! It established Canada as a country with John A. Macdonald as its first Prime Minister. While the BNA act recognized Canada as a separate political entity, it still couldn’t make changes without Britain’s approval. Federal System While deciding what system to use in Canada, the Federal system seemed the best choice. Under a Federal System, the responsibilities for governing were divided between two levels of government, the central government and the provincial government. Each government had their own jurisdictions but the Feds could override a provincial law if it was seen as not in the best interest of all Canadians. Because it came from the BNA act, it includes the monarch as the head of state and the principle of the rule of law. Section 91 of the BNA act outlined the federal government’s powers, usually matters that applied to everyone, such as postal service or currency. Section 92 outlined the provincial governments powers, such as education. Provinces delegated their responsibilities to municipal governments for local matters. Federal and Provincial Banking Foreign affairs Criminal Law Public debt Defence Trade and commerce Postal service Penitentiaries Education Health care Labor and Trade unions Property and civil rights Compensation to injured workers Marriage Doctrine of Ultra Vires Government may make laws only in its own jurisdiction. Called Intra Vires, within the power of government to pass laws. If a government attempts to pass laws out of its jurisdiction it would be said to be Ultra Vires,