Introduction to Law in Canada

Where a law is enacted for a stated purpose that appears to be different from its actual or intended purpose.

Where both legislative bodies have power to legislate on the matter.

Political principles and practices or unwritten rules that have become a part of our constitutional order.

A power the federal government has that enables it to veto a provincial law.

Applies where both Parliament and the legislature have power to legislate the same matter.

Matters that cross provincial boundaries.

Protects the core or essential part of a head of power and prevents the other level of government from intruding upon it.

Matters that concern only a particular province.

The provincial or local legislative body.

Allows Parliament or the legislature to infringe upon the other's head of power, provided that it does not go to the core of the other's head of power; must be shown to be only incidental to the overall valid legislation.

Where each level of government has enacted valid legislation on the same matter that results in conflict or inconsistency, paramountcy dictates that the federal law will override the provincial law to the extent of the conflict or inconsistency.

The federal or national legislative body.

A federal head of power with three branches; the gap branch, national concern branch and emergency branch.

Relevant to the common law: a decided case that provides a basis for later cases involving similar facts; lowers courts are required to follow the decisions, or precedents, of higher courts.

In the criminal law context, punishes or prevents objectionable behaviour; includes such things as public peace, order,security, health and morality.