Law Society of Ontario (LSO) Paralegal Practice Exam

What happens when compliance with provincial law frustrates the purpose of federal law?

1. The federal law becomes null and void

2. The provincial law is prioritized

3. The federal law prevails, and the provincial law is ineffective to the extent of the conflict

4. Both laws are considered valid

The correct answer is: The federal law prevails, and the provincial law is ineffective to the extent of the conflict

When compliance with provincial law frustrates the purpose of federal law, the principle of federal paramountcy comes into play. This legal doctrine holds that when there is a conflict between federal and provincial laws, federal law takes precedence. Therefore, if a provincial law hinders or frustrates the objectives of a federal law, the federal law prevails, making the conflicting provisions of the provincial law ineffective to the extent of that conflict. This principle is rooted in the Constitution Act, which delineates the areas of legislative authority between the federal and provincial governments. The intent is to maintain the integrity of federal statutes, ensuring that they can operate effectively across all jurisdictions within Canada. Hence, when a provincial law is found to conflict with a federal law's goals, it cannot be enforced to the extent that it obstructs those goals. In contrast, the other choices indicate alternative scenarios that don't align with the established legal framework. Thus, the correct understanding is that federal law prevails, rendering conflicting provincial law ineffective where necessary.