Date: Wed, 8 Nov 2006 14:25:26

From: Lionel Smith

Subject: Punitive damages for negligence

Paramountcy is only triggered by inconsistency and the courts have been very reluctant to find that. Allan’s case is one of many examples of this reluctance (federal discretion in sentencing for impaired driving held not inconsistent with provincial suspension of driver’s licence).

Lionel

On 8/11/06 08:56, "Jason Neyers" wrote:

It appears that there would be an overlap and hence that both levels of government could deal with it subject to the paramountcy doctrine. This just raises the further question of why the federal criminal code is not paramount in this situation.

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