section 96 of the constitution act, 1867

Section 96 of the Constitution Act, 1867, provides as follows: “The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick.” [ Return to text] Constitution Act, 1867, s. 91(12). The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). Rather, the province’s powers under s. 92(14) must be exercised in a manner that is consistent with the right of individuals to bring their cases to the superior courts and have them resolved there. It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada . The Constitution Act, 1867 [1] (originally enacted as The British North America Act, 1867, and referred to as the BNA Act), is a major part of Canada's Constitution.The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The principal majority opinion was written by Chief Justice McLachlin (on behalf of five members of the Court). 44 infra).] Section 96 of the Constitution Act, 1867 gives the Governor General the power to “appoint the Judges of the Superior, District and County Courts in each province.” Because the Governor General makes judicial appointment decisions on the advice of the the prime minister, he or she has significant authority in the judicial appointment process. This Act may be cited as The British North America Act, 1867. A superior court of one of the provinces, the judges of which are appointed by the Governor General under section 96 of the Constitution Act, 1867. VII. The Chief Justice’s opinion is grounded in s. 96 of the Constitution Act, 1867. Previous Page Table of Contents Next Page. Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided that, for the purposes of that Part, (which added one Senator for Nunavut) the word "Province" in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the word "province" by section 35 of the Interpretation Act, R.S.C. 1. It came into effect on 1 July 1867 . The Constitution Acts, 1867 to 1982, s. 91, confer on the Federal Parliament the power " to make Laws for the Peace, Order and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces". The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. 1. This Act may be cited as the Constitution Act, 1867. [29th March 1867] 96. Right of Access Is An Implicit Aspect of Core Jurisdiction of the Provincial Superior Courts Protected by Section 96 of the Constitution Act, 1867. Section 92(13) of the Constitution Act, 1867, also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: 13. Property and Civil Rights in the Province. The Constitution Act, 1867 contains just one section regarding linguistic matters, section 133, which stipulates that all legislature members have the right to use either English or French in the Parliament of Canada and the Legislature of Quebec. [Note: Section 1 (in italics) was repealed and the new section substituted by the Constitution Act, 1982 (No.

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