Rarotonga, 2010

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Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS


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 (+)

Paramountcy - Federal
Paramountcy - Conflict and Same Level of Government


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Last modified: 17-03-24
By: admin