Property and civil rights
- Property and civil rights
In Canadian constitutional law, section 92(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. [civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights] 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).
It is the most powerful and expansive of the provincial constitutional provisions. 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.
In practice, this power has been read broadly giving the provinces authority over numerous matters related to property rights and rights related to civil law, including contractal rights, ["Citizen's Insurance Co. v. Parsons" (1881)] labour relations, professions, ["Law Society of British Columbia v. Mangat" (2001)] intra-provincial marketing schemes, ["Carnation Co. v. Quebec Agricultural Marketing Board" (1968)] advertising, ["Attorney General of Quebec v. Kellogg's Co. of Canada"] trade securities, ["Multiple Access Ltd. v. McCutcheon" (1982)] manufacturing, ["Reference re Agricultural Products Marketing Act" ] and industry. ["R. v. Eastern Terminal Elevator Co."]
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