Can a province address the same issue as federal legislation?
British Columbia, Canada
The following excerpt is from Federated Anti-Poverty Groups of BC v. Vancouver (City), 2002 BCSC 105 (CanLII):
Having said that, a matter may also fall in some manner under the federal head of power and this does not exclude the possibility that a province can validly address the same matter through applicable provincial legislation pursuant to a purpose falling under s. 92 of the Constitution Act, 1867. Provincial legislation may, in fact, be more draconian in consequences than federal legislation directed at the same problem. (See Ross v. Ontario Registrar of Motor Vehicles), 1973 CanLII 176 (SCC), [1975] 1 S.C.R. 5). It is possible for it to co-exist with parallel federal legislation.
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