Similar to many other nations, the Constitution of Canada gives the government the authority to make and uphold laws. All Canadian laws are derived from the Constitution. Several laws and agreements from the British and Canadian Parliaments make up the Constitution. The complexity of the Canadian Constitution is beyond the scope of this text, but in order for professionals to function effectively in Canada, they must have a basic understanding of its provisions. The division of powers, the establishment of courts, and the Canadian Charter of Rights and Freedoms are the three main aspects of the Constitution.
The ability to enact particular types of legislation is effectively delegated to the federal Parliament and the province legislatures by the laws relating to the division of powers. To put it another way, the federal government has the authority to pass laws governing a certain range of matters, whereas provincial governments have that authority over other matters. Federal law applies to matters of national significance, including the national defence, postal service, broadcasting, criminal law, and particular subjects like patent law. The majority of private law topics, including contracts, negligence law, property rights, and construction liens, are governed at the provincial level.
The majority of laws governing the practise of architecture, engineering, and geoscience are provincial in nature. In areas where there are direct operational clashes, take note A federal statute supersedes a provincial one, according to the Constitution. There are a few instances where private law is not subject to provincial law. Labor law is typically a matter of provincial jurisdiction; however, federally regulated industries like the airline, railroad, and post office are subject to federal labour laws. The competition law is another exclusion: The Competition Act, a federal statute, governs issues like bid rigging and unfair business practices. Laws may vary between provinces because a large portion of the law governing architecture, engineering, and geoscience falls under provincial jurisdiction. For instance, Alberta’s lien law is different from Ontario’s lien law. The laws or statutes governing particular professions vary from province to province as well.
Yukon, the Northwest Territories, and Nunavut are Canada’s three territories. Territories were established by federal law, unlike provinces, and their administrations are given authority by the federal government. Despite this distinction, territory legislatures generally behave and enact laws that are remarkably similar to those of the provinces. For instance, Yukon law established the Association of Professional Engineers of Yukon as a regulatory body that governs engineering activity in the territory. Territories should be included when a reference to a province is made elsewhere in this article.
Court System
A system of tribunals called as superior courts or supreme courts is also established under the Constitution. There are superior trial-level courts and courts of appeal in every province. The name of the trial-level court varies from province to province, but it has the same general authority as the English Court of Queen’s Bench. These powers include “inherent jurisdiction,” which is the authority to carry out justice even in the absence of a legal justification. so. The Supreme Court of British Columbia is the name of the court in that province. Columbia. It is the Alberta Court of Queen’s Bench in Alberta. The Superior Court is what it is known as in Ontario and Quebec. The powers are the same despite the differences in names. With the exception of misconduct, all judges of these courts are chosen by the Governor General at the federal government’s suggestion. Judges must be able to act impartially and unbiasedly despite being recommended by the federal government because the judiciary is an independent branch of government. Additionally, federal disputes like patent disputes and shipping disputes are handled by federal courts known simply as the Federal Courts. The legal systems run separately from one another. A trial decision can be appealed by provincial plaintiffs to the court of appeals of the province where the decision was rendered. The Federal Court of Appeal will hear appeals from parties in Federal Court cases. The federal courts have no jurisdiction over provincial courts, and no provincial court has any jurisdiction over any court in another province.
The Supreme Court of Canada is the final level of review. However, submitting a case to the Supreme Court is neither quick nor simple. Appellants in civil disputes are not always entitled to file an appeal with the Supreme Court of Canada. To bring the appeal, they must first get the Supreme Court’s approval or depart. They must show there is at least one issue of national importance in the case in order to get leave. Thus, permission to appeal to the Supreme Court of Canada is only occasionally granted in matters involving architects, engineers, or geoscientists.