Property and civil rights

In Canadian constitutional law, section 92(13) of the "Constitution Act, 1867" provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. [civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights] This power is generally balanced against the federal power over Trade and Commerce under section 91(2) and the Criminal law power under section 91(27).

It is the most powerful and expansive of the provincial constitutional provisions. The related provincial power over matters of a "local or private nature in the province" under 92(16), originally intended as a broad residual power, has generally been overlooked for property and civil rights in its place.

In practice, this power has been read broadly giving the provinces authority over numerous matters related to property rights and rights related to civil law, including contractal rights, ["Citizen's Insurance Co. v. Parsons" (1881)] labour relations, professions, ["Law Society of British Columbia v. Mangat" (2001)] intra-provincial marketing schemes, ["Carnation Co. v. Quebec Agricultural Marketing Board" (1968)] advertising, ["Attorney General of Quebec v. Kellogg's Co. of Canada"] trade securities, ["Multiple Access Ltd. v. McCutcheon" (1982)] manufacturing, ["Reference re Agricultural Products Marketing Act" ] and industry. ["R. v. Eastern Terminal Elevator Co."]

Notes


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Civil and political rights — Civil rights redirects here. For other uses, see Civil rights (disambiguation). Rights Theoretical distinctions Natural and legal rights …   Wikipedia

  • Civil rights movement — See also: Protests of 1968 and African American Civil Rights Movement (1955–1968) The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it… …   Wikipedia

  • Civil Rights Litigation Clearinghouse — Formation 2005 (2005) Type NGO …   Wikipedia

  • civil rights — n. The rights of all citizens to personal liberties, freedom, and equality; rights specifically granted through laws enacted by communities, as opposed to civil liberties, which are rights that the government is not allowed to restrict. The… …   Law dictionary

  • Civil rights law in Canada — concerns the private rights and power of people within Canada. This typically has broad meaning, covering all human rights protected under the law outside of the criminal law context. Civil rights primarily gravitates around issues such as… …   Wikipedia

  • civil rights — ☆ civil rights n. those rights guaranteed to the individual by the 13th, 14th, 15th, and 19th Amendments to the Constitution of the United States and by other acts of Congress; esp., the right to vote, exemption from involuntary servitude, and… …   English World dictionary

  • Civil Rights Act of 1968 — Fair Housing Act redirects here. For the 1963 California law, see Rumford Fair Housing Act. President Johnson signing the Civil Rights Act of 1968 …   Wikipedia

  • Civil Rights Act of 1866 — The Civil Rights Act of 1866, 14 Stat. 27, enacted April 9, 1866, is a federal law in the United States that was mainly intended to protect the civil rights of African Americans, in the wake of the American Civil War. The Act was… …   Wikipedia

  • Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 — The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is an Act of the Oireachtas (Irish Parliament) which allows civil partnerships. The act also provides rights for participants in long term cohabiting relationships… …   Wikipedia

  • Socialism and LGBT rights — [ thumb|right|150px|Qiu Jin (1875 1907), Chinese left wing revolutionary cross dresser.] While gay rights is seen by many in the western world today as a left wing political issue, sexual minorities and gender variant people do not belong as a… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”