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The Constitution Act, 1867 assigns residual jurisdiction to the Parliament of Canada over every matter not specifically conferred upon the provincial legislatures. This seemingly wide jurisdiction has been narrowed by:?

1) The Charter of Rights and Freedoms, 1982
2) The Supreme Court's broad interpretation of provincial powers, especially those in section 92(13)
3) The Supreme Court's broad interpretation of "Peace, Order and Good Government"
4) The economic importance of the provinces

1 Answer

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Final answer:

The Parliament of Canada's broad jurisdiction under the Constitution Act, 1867 has been narrowed by the Charter of Rights and Freedoms, judicial interpretations of provincial powers, and the economic significance of provinces.

Step-by-step explanation:

The seemingly wide jurisdiction assigned to the Parliament of Canada by the Constitution Act, 1867 has been narrowed by several factors. These include: (1) The Charter of Rights and Freedoms, 1982; (2) The Supreme Court's broad interpretation of provincial powers, particularly those indicated in section 92(13) of the Act; (3) The Supreme Court's broad interpretation of the principle of Peace, Order and Good Government; and (4) The economic significance of the provinces, which has influenced the balance of power between federal and provincial governments.

While the Constitution Act, 1867 outlined the division of powers, the subsequent interpretations and amendments, such as the Charter of Rights and Freedoms, have led to a more nuanced distribution of legislative authority. This has been further shaped by judicial review, where the Supreme Court of Canada has played a significant role in the evolution of federalism in the country.

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