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O'Grady v Sparling
O'Grady v Sparling was a landmark Supreme Court of Canada decision on the constitutionality of overlapping federal and provincial laws. The Court held that there was no conflict between federal dangerous driving offences, which only prohibited "advertent" negligence and provincial careless driving offences, which included "inadvertent" negligence. The analysis used here was later to be known as the paramountcy doctrine.
==Background==
The defendant was charged under section 55(1) of Manitoba's ''Highway Traffic Act'' which prohibited driving “on a highway without due care and attention or without reasonable consideration for other persons using the highway”. The defendant challenged the law, claiming that it was beyond the power of the province because the federal government had “occupied the field” with a similar criminal provision in the ''Criminal Code'',〔Criminal Code, SC 1953-54, c 51, s 221(1).〕 which prohibited driving with "wanton or reckless disregard for the lives or safety of other persons."
The issue before the Court was whether provincial laws relating to negligence with penal consequences would necessarily be a criminal law and thus encroach on federal jurisdiction.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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