Division of Powers - Introduction

Constitutional law in Canada may be divided into two separate subjects: the division of powers; and the Charter of Rights and Freedoms. The division of powers in Canada has received sustained attention from the Courts since the creation of this federation in 1867. 

The totality of governing power in Canada is divided between two levels of government - the federal government and the provincial governments. Each level of government is supreme in its area of jurisdiction. The governing constitutional document dividing power between each level of government is the Constitution Act, 1867. Section 91 lists the enumerated powers of the federal government; section 92 lists the enumerated powers of the provincial government. Certain division of powers topics are of particular interest to the constitutional lawyer. This website provides information on each of these topics, including original works, case law, and links to relevant sites.