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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.
Canada’s system of government has three branches: the legislative, the executive and the judicial. Each one has separate powers and responsibilities that are defined in the Constitution: the legislative branch passes laws, the executive implements them, and the judicial interprets them.
Feb 6, 2006 · The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law.
How the courts are organized. The federal and provincial and territorial governments are all responsible for the judicial system in Canada. Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces.
It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada.
Canada’s judicial system is made up of the hundreds of judges who assign punishments for breaking the laws of Canada, as well as ensuring the laws passed by the federal and provincial governments adhere to the rules and limitations of the Canadian Constitution.
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The organization of Canada’s judicial system is a function of Canada’s Constitution, and particularly of the Constitution Act, 1867. By virtue of that Act, authority for the judicial system in Canada is divided between the federal government and the ten provincial governments.
