THE INTERACTION OF FEDERAL AND PROVINCIAL LAWS
AbstractIn light of the metaphor likening Canadian federalism to a ship with watertight compartments, this article explores the possibility of achieving cooperation between levels of government when legislating in a single area. It explores three ways that provincial and federal statutes work together to achieve a single social objective, including 1) Parliamentary delegation of statutory power to provincial entities, 2) reference in a federal statute to an existing provincial law and 3) incorporation of the text or substance of a provincial law. It then examines the interaction of all three techniques, the necessity of careful drafting and the desirability of cooperation to address those areas of law not adequately dealt with by one level of government alone.
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