Property and civil rights
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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.[1] 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,[2] labour relations, professions,[3] intra-provincial marketing schemes,[4] advertising,[5] trade securities,[6] manufacturing,[7] and industry.[8]
[edit] Notes
- ^ civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights
- ^ Citizen's Insurance Co. v. Parsons (1881)
- ^ Law Society of British Columbia v. Mangat (2001)
- ^ Carnation Co. v. Quebec Agricultural Marketing Board (1968)
- ^ Attorney General of Quebec v. Kellogg's Co. of Canada
- ^ Multiple Access Ltd. v. McCutcheon (1982)
- ^ Reference re Agricultural Products Marketing Act
- ^ R. v. Eastern Terminal Elevator Co.
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