OCCUPYING THE FIELD: PARAMOUNTCY IN PENAL LEGISLATION
AbstractIn this article, the author examines the issue of paramountcy in relation to federal and provincial penal legislation. The author provides an overview of the development of the doctrine of paramountcy, with particular regard to the Supreme Court of Canada’s pronouncements in the three cases of O’Grady v. Sparling, Stephens v. The Queen, and Smith v. The Queen, arguing that the aforementioned offer only a general theory of federalism, as opposed to a workable theory of paramountcy. The author also explores the particular challenges posed by paramountcy in regards to penal legislation, and attempts to delineate the ideal parameters of the doctrine in that context.
Keywords:Constitutional Law, Criminal Law
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