Dissent
Cartwright and Locke JJ., in dissent, held that there is no possibility of overlapping domains. He stated that the leading case on the matter, ‘’Prov. Sec. of PEI v. Egan’’ S.C.R. 396, cannot be read so broadly as to give the provinces unlimited powers over highways. Matters in relation to those within the federal government’s powers are exclusive and comprehensive and do not allow for complementary law.
- In my opinion when Parliament has expressed in an Act its decision that a certain kind or degree of negligence in the operation of a motor vehicle shall be punishable as a crime against the state it follows that it has decided that no less culpable kind or degree of negligence in such operation shall be so punishable. By necessary implication the Act says not only what kinds or degrees of negligence shall be punishable but also what kinds or degrees shall not.
On the facts, he found that there was no difference between the provincial Act and the provision in the Criminal Code which occupies a domain exclusive to the federal government.
Read more about this topic: O'Grady V. Sparling
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