What is the legal test for establishing a provincial youth court?

New Brunswick, Canada


The following excerpt is from Reference Re Youth Court, 1988 CanLII 5677 (NB CA):

In drawing the line between the constitutional functions of the two levels of government regarding the establishment of a court system there is a need for cooperation between federal and provincial authority: see Di Iorio v. Warden Common Jail of Montreal (1976), 1976 CanLII 1 (SCC), 73 D.L.R. (3d) 491 at p. 523, 33 C.C.C. (2d) 289 at p. 321, [1978] 1 S.C.R. 152 t p. 199, per Dickson J. The federal and provincial jurisdictions interlock. It should be emphasized, however, that the constitution of criminal and civil courts mentioned in s. 92(14) of the Constitution Act, 1867 is an administrative consideration and the establishment of a youth court, whether as part of an existing court or as a separate entity, is entirely within provincial competence.

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