Jurisdictional Practice Discussion

I’m working on a Business Law question and need guidance to help me study.


Explain the jurisdictional path from the Constitution’s division of powers to (a) the enforcement of a municipal by law and (b) the decision of a tribunal.

Course Text: REVEL McInnes/Managing the Law: The Legal Aspects of Doing Business, 5e Canada
Based on Canada legal system


In the Canadian legal system, the division of powers between the federal government and the provincial governments is set out in the Constitution Act, 1867. This division of powers is key to understanding the jurisdictional path from the Constitution to the enforcement of a municipal bylaw and the decision of a tribunal.

(a) Enforcement of a Municipal By-law: Municipal bylaws are enacted by local governments and are primarily concerned with local issues such as zoning, building codes, and health and safety regulations. The enforcement of municipal bylaws is a matter of provincial jurisdiction, meaning that the provinces are responsible for the administration of justice and the maintenance of law and order within their boundaries.

The enforcement of a municipal bylaw is typically initiated by a complaint from a resident or a local business. The bylaw enforcement officer then investigates the complaint and, if they determine that a bylaw has been violated, they may issue a notice of violation or take other enforcement action such as issuing a fine or taking the matter to court.

(b) Decision of a Tribunal: A tribunal is a type of administrative body that has been delegated the power to make decisions in specific areas of law. In Canada, there are many different tribunals with jurisdiction over a wide range of issues, including human rights, employment standards, and immigration.

The decision of a tribunal is typically the result of a hearing or an adjudication process. During the hearing, evidence is presented and witnesses are called to testify. The tribunal then makes a decision based on the evidence presented and the applicable laws and regulations.

In conclusion, the jurisdictional path from the Constitution’s division of powers to the enforcement of a municipal bylaw and the decision of a tribunal involves the exercise of powers by the provincial governments, who are responsible for the administration of justice and the maintenance of law and order within their boundaries, and the delegation of powers to administrative bodies such as tribunals, who are responsible for making decisions in specific areas of law.

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