Law Society of Ontario (LSO) Paralegal Practice Exam

What is federal paramountcy?

1. A federal law that is always superior to provincial law

2. A situation where provincial law is always enforced

3. A conflict between federal and provincial laws where federal law prevails

4. A rule that governs local laws

The correct answer is: A conflict between federal and provincial laws where federal law prevails

Federal paramountcy refers to the legal principle where, in cases of conflict between federal and provincial laws, federal law takes precedence. This principle is rooted in the Constitution Act, 1867, which delineates the powers of federal and provincial governments in Canada. When both levels of government have jurisdiction over a particular matter and their laws conflict, federal law will prevail, effectively rendering the conflicting provincial law inoperative to the extent of the conflict. This principle ensures a consistent legal framework across the country for issues that fall under federal jurisdiction, thereby promoting national unity and preventing a patchwork of differing provincial laws that could impede the implementation of federal policies. In practice, when assessing whether paramountcy applies, courts will analyze both the legislative intentions behind the laws and the nature of the conflict involved. The other options do not accurately capture the essence of federal paramountcy. For instance, the notion that a federal law is always superior to provincial law fails to recognize that provincial laws can be valid and fully operative unless there is a direct conflict. Similarly, a situation where provincial law is always enforced contradicts the premise of paramountcy, which is rooted in recognizing federal supremacy in certain contexts. Lastly, a rule that governs local laws does not pertain specifically to the relationship