A. Introduction

• Author: Patrick J. Monahan - Byron Shaw
• Pages: 349-349

Page 349

The drafters of the Constitution Act, 1867,¹divided responsibility for criminal justice between the federal and provincial levels of government. Under section 91(27), Parliament was given the exclusive legislative authority over criminal law and procedure.²However, the enforcement of the criminal law was allocated to the provinces pursuant to section 92(14), which provides that the provinces have exclusive power in relation to the "Administration of Justice in the Province." The phrase "administration of justice in the province" has been interpreted as including the establishment and maintenance of police forces, the power to lay charges and the right to prosecute offences. Criminal prosecutions are also conducted in courts established and maintained by the provinces. Thus, while Parliament defines the substantive criminal law, administration and enforcement is under provincial control, making for a balance between the federal and provincial levels of government in the criminal justice system.

[1] The Constitution Act, 1867 (U.K.), 30 & 31...