Constitution Act, 1867: Section 92(14)

92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next herein-after enumerated; that is to say,—

14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.

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DRAFTING HISTORY 

Drafts of the Quebec Resolutions (1864)

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[No. 2] Amended Provincial Division of Powers, October 24th, 1864: That it shall be competent for the local legislature to make laws respecting:

11. The Administration of Justice, and the constitution, maintenance and organization of the Courts, both of Civil and Criminal Jurisdiction.

[No 1.] Version No. 1, October 26th, 1864: That it shall be competent for the Local Legislatures to make Laws respecting: —

11. The Administration of Justice, and the Constitution, maintenance and organization of the Courts — both Civil and Criminal Jurisdiction.

[No 3.] Version No. 3, October 27th, 1864: The Local Legislatures shall have power to make Laws respecting the following subjects:

The Administration of Justice, including the Constitution, maintenance and organization of the Courts — both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil matters.

[No 4.] Version No. 4, October 27-28th, 1864: [added in left margin 43.] That the Local Legislatures shall have power to make Laws respecting the following subjects:

[added in left margin 17.] The Administration of Justice, including the Constitution, maintenance and organization of the Courts — both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil matters.

[No 5.] Final Version, March 14th, 1865: 43. The Local Legislature shall have power to make laws respecting the following subjects:

17. The Administration of Justice, including the Constitution, maintenance and organization of the Courts, — both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil matters.

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Drafts of the London Resolutions (1866)

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Version 1, Copy 1: 43. The Local Legislatures shall have power to make Laws respecting the following subjects:

17. The Administration of Justice, including the Constitution, maintenance and organization of the Courts—both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil Matters.

Version 1,  Copy 2: 43. The Local Legislatures shall have power to make Laws respecting the following subjects:

17. The Administration of Justice, including the Constitution, maintenance and organization of the Courts—both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil Matters.

Version 2, Copy 1: 43. The Local Legislatures shall have power to make laws respecting the following subjects:—

17. The Administration of Justice, including the Constitution, maintenance, and organization of the Courts—both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil Matters.

Version 2, Copy 2: 43. The Local Legislatures shall have power to make Laws respecting the following subjects:

17. The Administration of Justice, including the Constitution, maintenance and organization of the Courts—both of Civil and Criminal Jurisdiction, and including also the Procedure in Civil Matters.

Version 3, Copy 1: 43. The Local Legislatures shall have power to make laws respecting the following subjects:—

17. The administration of justice, including the constitution, maintenance, and organization of the Courts—both of Civil and Criminal Jurisdiction, and including also the procedure in Civil Matters.

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Drafts of the British North America Act, 1867

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Rough Draft:  42 (17). The administration of justice, including the constitution, maintenance, and organisation of the Courts—both of Civil and Criminal Jurisdiction, and including also the procedure in Civil Matters.

January 23 Draft37 (14). The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts:

1st Draft: N/A re Sec. 92(14)

2nd Draft: 54 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Provincial Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

3rd Early: 66 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Provincial Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts,

3rd Revised: 66 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Provincial the Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

4th Early: N/A re Sec. 92(14)

4th Early with F.S. Reilly’s notes: N/A re Sec. 92(14)

4th Later Version: N/A re Sec. 92(14)

4th Revised: 93 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

4th Final: 90 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

Local Packages

Early: 7 (17). The administration of Justice, including the constitution, maintenance, and organization of the Courts, both of Civil and Criminal jurisdiction, and including also the procedure in civil matters.

Early with F.S. Reilly’s notes: 106. 93 (14). The administration of justice in the Province, including the constitution, maintenance and organisation of Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

Revised: 106 (14). The administration of justice in the Province, including the constitution, maintenance, and organisation of Courts, both of Civil and Criminal Jurisdiction, and including procedure in Civil Matters in those Courts.

House of Lords (UK) Bill (Floor): 92(14). The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.

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DOCUMENTS RELATING TO SECTION 92(14)

Pre-Confederation

Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation, 8th Parl, 3rd Sess, (16 February 1865)
Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation, 8th Parl, 3rd Sess, (2 March 1865)
New Brunswick, House of Assembly, Debates of the House of Assembly [County Courts] (29 May 1867)
New Brunswick, House of Assembly, Debates of the House of Assembly [County Courts] (30 May 1867)

Post-Confederation

Canada, House of Commons Debates, 5th Parl, 4th Sess, (7 April 1886)
Canada, House of Commons Debates, “Revised Statutes of Canada”, 5th Parl, 4th Sess (12 May 1886)

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