Parliament of Canada - Jurisdiction

Jurisdiction

The powers of the Parliament of Canada are limited by the constitution, which divides legislative abilities between the federal and provincial governments; in general, provincial legislatures may only pass laws relating to topics explicitly reserved for them by the constitution, such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature," while any matter not under the exclusive authority of the provincial Legislatures is within the scope of the federal parliament's power. Thus, parliament alone can pass laws relating to, amongst other things, the postal service, the census, the military, navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization. In some cases, however, the jurisdictions of the federal and provincial parliaments may be more vague. For instance, the parliament in Ottawa regulates marriage and divorce in general, but the solemnization of marriage is regulated only by the provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture.

The powers of the Canadian parliament are also limited by the Canadian Charter of Rights and Freedoms, though most provisions in that document can be overridden by an act that includes a notwithstanding clause. Such a claim, however, has never been used by the federal parliament, though it has been employed by some provincial legislatures. Laws violating any part of the constitution are invalid and may be ruled unconstitutional by the courts.