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Understanding Jurisdiction: The Framework of Canadian Law and Government Authority

This overview provides insights into the classification of law and jurisdiction in Canada, detailing the federal, provincial, municipal, and Aboriginal levels of government. It describes how each level has its own authority to create and enforce laws, covering areas such as marriage, property rights, and local bylaws. Special emphasis is placed on the differences between levels, including the unique position of Aboriginal governments and their law-making powers. Moreover, two law reviews provide practical examples to illustrate the application and impact of legislation in various jurisdictions.

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Understanding Jurisdiction: The Framework of Canadian Law and Government Authority

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Presentation Transcript

  1. Classifying Law

  2. Jurisdiction: • The political or legal authority to pass and enforce laws or the judicial authority to decide a case.

  3. Different Levels of Government There are essentially three(3) levels of government: Federal / Provincial / Municipal Native Bands / Aboriginal groups with self government also have the authority to create legislation. (more info to follow)

  4. Federal • Laws that apply to all citizens of Canada • Federal politicians make laws within their own jurisdiction such as marriage and divorce, postal services, currency and banks, criminal law, federal penitentiaries and employment insurance.

  5. Provincial • These laws can vary province to province • The laws that are created at this level are related to hospitals, police forces, property rights, highway and roads, provincial jails and alcohol regulations.

  6. Local / Municipal • Laws that pertain to towns, villages, etc. • The laws these politicians create are called bylaws that deal with localized issues such as how high a backyard fence can be, garbage collection and snow removal.

  7. Aboriginal Structure • This group operates similar to the local government level. The can make bylaws that apply to each band’s reserve land. • There is another form of Aboriginal government. There are self governed groups which have law making powers above that of the chief and council on a reserve. This form of governance has to be agreed to by the government. These natives form what is called a nation. They have the power to make laws with respect to marriage, adoption, education, social and health services.

  8. Law Review #1 • Review By-Law #84 • What is the purpose of this by-law? • Which jurisdiction does this by-law fall under? • When is it in effect? (residential) • Summarize the offenses that can be charged under this by-law. • What are your thoughts on Section 5 subsection 3d? • What is the penalty for a person who contravenes any provision of these by-laws?

  9. Law Review #2 • Review Bill NO. 61 • What is the purpose of this Act? • Which jurisdiction does this Act fall under? • For whom does this Act apply? • Summarize the offenses that can be charged under this Act. • What does the law state about minors and custodial responsibilities? • What is the penalty for a person who contravenes any provision of these laws? • What records can the court request?

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