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Feb 7, 2006 · Federal and Provincial Judicial Powers. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts.
The Constitution Act, 1867 authorized Parliament to establish a general court of appeal for Canada, as well as any additional courts to better administer the laws of Canada. It was under this authority that the Federal Courts, the Tax Court, and the Supreme Court of Canada were established.
Article III of the Constitution establishes and empowers the judicial branch of the national government. The very first sentence of Article III says: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”.
Feb 6, 2006 · As vacancies arose in the Senate and the Supreme Court, provinces would submit candidates to the federal government for appointment. The only exception would be the chief justice, who would be appointed by the federal government from among the sitting members of the Supreme Court.
Feb 6, 2006 · The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts.
That is why, under the Constitution, the judiciary is separate from and independent of the other two branches of government, the executive and legislature. Judicial independence guarantees that judges will be able to make decisions free of influence and based solely on fact and law.
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It was the British North America Act, 1867, now called the Constitution Act, 1867, that defined the basic elements of the country's current judicial system. Under it, the Governor in Council appoints all superior court judges across Canada, including judges of the Supreme Court of Canada.
