Sentences with phrase «law doctrine of federal paramountcy»
Unless the SCC strikes down the applicable Criminal Code provision in Carter, the Bill is vulnerable to the constitutional law doctrine of federal paramountcy.
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It was only if those requirements were relaxed as a matter of federal law that it would become necessary to consider if those requirements could continue to apply ex proprio motu, or if they were inoperative or inapplicable by virtue of the doctrines of paramountcy and / or interjurisdictional immunity.
That particular law of Canada sets out federal powers that, in some circumstances defined in the case law, are given paramount or wholly exclusive status under the doctrines of paramountcy and interjurisdictional immunity.
In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.