Does the doctrine of paramountcy apply in cases of operational conflict?
British Columbia, Canada
The following excerpt is from R. v. Duncan Supermarket Ltd., 1982 CanLII 269 (BC SC):
The doctrine of paramountcy provides that where there is repugnancy between an intra vires provincial enactment and an intra vires federal enactment, the provincial enactment is inoperative. Provincial law gives way to federal law in cases of operational conflict: Provincial Secretary of P.E.I. v. Egan (1941), 1941 CanLII 1 (SCC), 76 C.C.C. 227 at p. 230, [1941] 3 D.L.R. 305 at p. 309, [1941] S.C.R. 396; Robinson v. Countrywide Factors Ltd. (1977), 1977 CanLII 175 (SCC), 72 D.L.R. (3d) 500 at p. 539, [1978] 1 S.C.R. 753, [1977] 2 W.W.R. 111 (S.C.C.).
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