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Legal fiction
- The constitutional doctrine of “creatures of the provinces” is a legal fiction. The fact that municipalities are included under provincial jurisdiction in Section 92 of the Constitution Act, 1867, need not imply a subordinate status.
tspace.library.utoronto.ca/handle/1807/98264The Fallacy of the "Creatures of the Provinces" Doctrine ...
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Are municipalities 'creatures of the provinces'?
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Feb 4, 2021 · A common refrain among Canadian political and legal analysts is that municipalities are “creatures of the provinces.” This odd and disparaging way of describing an order of government in the Canadian federation downplays the democratic and constitutional significance of municipalities.
Recently, in Toronto (City) v Ontario, the majority on Canada’s Supreme Court made it clear that municipalities have no independent constitutional status and that they’re completely under the jurisdiction of the provincial government.
Dec 23, 2016 · This article challenges the standard idea that municipalities are creatures of the provinces, and suggests instead that they embody one of the major principles of a free and democratic society, the right of local self-government.
- Warren Magnusson
- 2005
Oct 31, 2022 · Under section 92 of the Constitution Act, 8 provinces have exclusive jurisdiction over cities and other municipalities in the province, subject to limited exceptions. As a “creature of the province,” a municipality has no inherent powers, only the ones given to it by the provincial legislature, usually in a statute.
In most provinces, municipalities are created by statute or regulation, although in some, like Saskatchewan, they are created by a minister’s order. In addition to general purpose legislation, municipalities are often subject to targeted legislation that governs certain aspects of their operations.
Nov 29, 2019 · Despite its widespread acceptance, the notion that municipalities are “creatures of the provinces” is a legal and political fiction – one that needs to be done away with in order to give cities the autonomy and respect they deserve.
Feb 1, 2005 · This article challenges the standard idea that municipalities are creatures of the provinces, and suggests instead that they embody one of the major principles of a free and democratic...
