Section 92(14) of the Constitution Act, 1867

Section 92(14) of the Constitution Act, 1867, also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on:

14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.

It has been considered to be one of the major sources of conflict concerning the interpretation of the Constitution of Canada.

In United Kingdom jurisprudence, the administration of justice is generally considered to include the following matters:

However, the Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of Canada the power to provide "for the Establishment of any additional Courts for the better Administration of the Laws of Canada."

Within the Canadian constitutional context, it has been held that provincial jurisdiction includes matters concerning law enforcement (including the appointment, control and discipline of police officers), the establishment of facilities necessary for the enforcement of criminal law, and public inquiries on how the power is executed.

In R v Wetmore, Dickson J (as he then was) observed:

There is ... a special relationship between s. 92(14) and s. 91(27), a relationship that cannot be said to obtain between s. 92(14) and the other heads of power in s. 91. Sections 91(27) and 92(14) together effect a careful and delicate division of power between the two levels of government in the field of criminal justice.... The singling out and the express conferral on the provinces under s. 92(14) of responsibility to constitute, maintain and organize courts for the administration of one particular area of federal law, namely, criminal law, is unique.

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