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Paramountcy
COMMENT
'Paramountcy' is the issue of resolving 'who rules' when different jurisdictional levels of law conflict. It can occur between any of the three different levels of government: municipal, provincial and federal - and even between laws at the same level. Current case law holds that the tests for municipal-provincial conflicts, and provincial-federal conflict, are the same - and both are quite tolerant of legislative co-existence. The old 'occupying the field' doctrine is dead - unless the dominant jurisdiction declares exclusivity. Current 'paramountcy' law grows from the Hudson (SCC, 2001) case, and finds it's essential statement in Croplife (Ont CA, 2005).
CASES
Paramountcy - Hudson (SCC, 2001)
Paramountcy - Croplife (Ont CA, 2005)
Paramountcy - Post-Croplife Cases
[last edit 24 Nov 2022]
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