In Canadian Constitutional law, section 91(13) of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province.[1] This power is generally balanced against the federal power over Trade and Commerce under section 91(2) and the Criminal law power under section 91(27). The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ...
In practice, this power has been read broadly giving the provinces authority over numerous matters such as professional trades, marketing, insurance, labour relations, and consumer protection. The related provincial power over matters of a "local or private nature in the province" under 92(16), originally intended as a broad residual power, has generally been overlooked for property and civil rights in its place.
Notes
↑ civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights
Concern is expressed at the ratio of communal land to private land in the autonomous regions, with particular regard to the mining rights and at inequalities in the sharing of the benefits of the exploitation of natural resources in the autonomous territories between the regional and the central authorities.
The maintenance of article 6 of the 1916 Civil Code of Brazil, containing a discriminatory restriction on the exercise of civilrights by the indigenous populations, which is contrary to the 1988 Constitution of Brazil, is of concern, although it was explained that this provision has become obsolete.
While the illegal occupation of land or the usurpation of propertyrights by persons otherwise unable to obtain access to adequate housing is not condoned, in the absence of concrete measures to address these problems, the State party should not resort, in the first instance, to measures of criminal law or to demolition.
Property and CivilRights can mean any possible legislation outside criminal law and, if a wide interpretation of the term is given, everything found under s.
Anything that was not included in section 91 and was relevant to Property and CivilRights was thus meant to fall under provincial jurisdiction by virtue of s.
Civilrights are not to be confused with civil liberties.
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