Research publications

The distribution of legislative powers among the various levels of government isa key feature of federalism. To guide this distribution, the Constitution Act, 1867 divides legislative powers between the Parliament of Canada and the provincial legislatures. These powers are set out in sections 91 to 95 of the Constitution Act, 1867. However, simply reading these provisions is not usually enough to determine which level of government has jurisdiction over which area. As new areas emerge and legislative authority becomes increasingly complex, questions remain, notably the following: Which areas fall under the jurisdiction of each level of government? Does a given level of government have the necessary authority to make laws in these areas? Canadian courts are regularly asked to consider these issues and, over time, have established some interpretive principles. The answers, nonetheless, remain complex. This HillStudy focuses on the distribution of legislative powers between Parliament and the provincial legislatures in selected areas. First, it briefly describes the provisions of the Constitution Act, 1867 that concern legislative powers. Second, it examines how certain powers were assigned to the appropriate level of government in light of the interpretive principles established by the courts.

The purpose of Canada’s retirement income system is twofold: to alleviate poverty among seniors and to help seniors who are better off to avoid significant declines in living standards when they retire. This HillStudy outlines the different components of the system, who they target, how much they cost and how they are financed. Canada's retirement income system is typically described as having three pillars. The first pillar provides benefits based on age and years of residence in Canada. It includes the Old Age Security (OAS) pension, the Guaranteed Income Supplement (GIS), the Allowance and the Age Credit. The second pillar consists of mandatory earnings-related programs: the Canada Pension Plan (CPP) and, in Quebec, the Quebec Pension Plan (QPP). The third pillar is composed of workplace registered pension plans (RPPS) and private savings (RRSPs) and Tax-Free Savings Accounts (TFSAs).

The law relating to MAID and its practice by health care providers continues to evolve in Canada. This HillStudy highlights some of the key developments that have taken place in Canada in the wake of the Carter decision.

This document provides an overview of the various factors and players that shape Canada’s immigration policy, sheds light on the legislative framework and the roles and responsibilities of the various levels of government, and presents a few of the essential components and instruments in this field.

The deceased organ donor rate in Canada is lower than that of top-performing countries, but Canada’s rate has improved in recent years. Although the gap between the number of Canadians awaiting organ transplants and the number of organs available has narrowed, further increases in organ donation will be necessary to meet demand. Initiatives to improve the organ donation and transplantation system include organ and tissue donor registries, national wait lists of patients, and the collection and storage of cord blood rich in stem cells. Another initiative that may help to optimize the deceased organ donor rate is presumed consent, whereby all individuals are considered for organ donation after death unless they register their refusal during their lifetime. This paper provides an overview of the jurisdictional considerations in organ and tissue donation and transplantation, and it lists the related federal and provincial/territorial legislation. It goes on to describe several strategies that can increase the number of organs and tissues available for donation and that improve procedures for matching available organs with people on the waiting list.

In Canada, at least 10 million individuals were food insecure in 2024, according to Statistics Canada; however, this data does not take into account people who live on First Nations reserves, in some remote areas and in the territories. Yet, due to several factors, Northerners – in particular, women, children and Indigenous peoples – are more at risk of experiencing food insecurity than are people living elsewhere in the country. The situation has a substantial impact on their health and well-being. This paper provides a brief overview of the factors that contribute to food insecurity in northern Canada and the resulting consequences. Additionally, it looks at initiatives that directly or indirectly address this issue.

This HillStudy provides an overview of the key institutions and instruments that govern citizenship in Canada and describes the process for obtaining citizenship. It also reviews several policy issues pertaining to Canadian citizenship, including citizenship rates, loss of citizenship and birth on Canadian soil to foreign nationals.

Canada’s cooperation with the United States of America on matters relating to people claiming refugee protection has been a subject of significant debate over the past several decades. This paper provides an overview of the Agreement between the Government of Canada and the Government of the United States of America for cooperation in the examination of refugee status claims from nationals of third countries, commonly referred to as the Canada–U.S. Safe Third Country Agreement (STCA). It examines the fundamental aspects of the STCA, the historical and international context of the safe third country concept, and the legal challenges that the STCA has faced since its implementation. It also considers potential changes to the agreement in light of recent increases in irregular border crossings, the temporary border closure during the COVID-19 pandemic and an ongoing challenge to the constitutionality of the STCA.

Since 2017, most refugees resettled to Canada enter under private sponsorship rather than as government-assisted refugees. As a result of the success of the private sponsorship program, the Government of Canada, in partnership with the United Nations High Commissioner for Refugees (UNHCR) and others, spearheads the Global Refugee Sponsorship Initiative (GRSI), an international project sharing best practices with other countries interested in implementing a private refugee sponsorship model. This Hill Study provides an overview of Canada’s refugee resettlement programs, and outlines eligibility for resettlement and the different programs in place for resettlement in Canada. It also discusses the role that resettlement plays in international agreements like the Global Compact on Refugees (GCR) and examines Canada’s role in the GRSI. The paper concludes with a consideration of some of the challenges regarding refugee resettlement in the current Canadian context.

In Canada’s criminal justice system, people are sometimes found guilty of crimes that they did not commit. These errors are known as wrongful convictions. This HillStudy discusses the history of wrongful convictions in Canada and the establishment of the Miscarriage of Justice Review Commission.