PO210 Lecture Notes - Lecture 4: Mental Health Court, Drug Court, Summary Offence
Document Summary
The constitution act, 1867 allocates the powers between the two levels of government in the following manner: Under s. 92(14), provinces have the power over the administration of justice in their own province and are allowed to create their own system of courts in order to preserve the court systems that were established prior to confederation. Under s. 101, the federal government can establish certain types of courts, such as the supreme court of canada, the federal courts, the. Provinces can prescribe procedure before provincially created courts for civil matters. Criminal procedures are prescribed by the federal government because the federal government has exclusive jurisdiction over criminal law. Provincial governments appoint judges to the lowest level of provincial courts. The federal government appoints judges for all other provincial courts as well as federal courts. Courts have to determine which breach of a legal right has occurred and what remedy would be appropriate.
