Courts of Inherent Jurisdiction
The superior courts from the provinces and territories are courts of inherent jurisdiction, which means that the jurisdiction of the superior courts is more than just what is conferred by statute. Following the principles of English common law, because the superior courts derive their authority from the Constitution, they can hear any matter unless there is a federal or provincial statute that says otherwise or that gives exclusive jurisdiction to some other court or tribunal. The doctrine of inherent jurisdiction gives superior courts greater freedom than statutory courts to be flexible and creative in the delivering of legal remedies and relief.
Read more about this topic: Court System Of Canada
Famous quotes containing the words courts, inherent and/or jurisdiction:
“But O, young beauty of the woods,
Whom Nature courts with fruits and flowers,
Gather the flowers, but spare the buds;
Lest Flora, angry at thy crime
To kill her infants in their prime,
Do quickly make the example yours;
And ere we see,
Nip in the blossom all our hopes and thee.”
—Andrew Marvell (1621–1678)
“The “universal moments” of child rearing are in fact nothing less than a confrontation with the most basic problems of living in society: a facing through one’s children of all the conflicts inherent in human relationships, a clarification of issues that were unresolved in one’s own growing up. The experience of child rearing not only can strengthen one as an individual but also presents the opportunity to shape human relationships of the future.”
—Elaine Heffner (20th century)
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (1857–1930)