PUB2 101D2 Lecture Notes - Lecture 11: Swather, Mortgage Loan, Rothmans, Benson & Hedges

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Because of double aspect, we need a paramountcy provision. Compliance with one law means breach of the other smith v. queen. Courts will tend to interpret laws in a manner that avoids the contradiction. But not always, sometimes they will invoke paramountcy when there is no direct conflict. Frustration of federal purpose doctrine paramountcy applies if prov frustrates the fed purpose so you need frustration first. Consider magnat 2001 - (hogg discusses the case at 16-8) Federal immigration act allowed parties before the refugee board to be represented by non-lawyers. Clearly a violation of provincial bar acts prohibiting representation before tribunals by people not members of the bar. Provincial law prohibits display in establishments where under 18 are allowed. Court says that the federal law is permissive, but does not create an entitlement. The purpose of the law is not frustrated because of the more restrictive provincial law.