About: O'Grady v Sparling

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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 is also known as the paramountcy doctrine.

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  • 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 is also known as the paramountcy doctrine. (en)
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  • 6293 (xsd:nonNegativeInteger)
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  • 999051289 (xsd:integer)
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dbp:caseName
  • O'Grady v Sparling (en)
dbp:citations
  • [1960] SCR 804, 1960 CanLII 70 (en)
dbp:concurrence
  • Ritchie J (en)
dbp:decidedDate
  • 1960-10-04 (xsd:date)
dbp:dissent
  • Cartwright J (en)
dbp:heardDate
  • 0001-05-16 (xsd:gMonthDay)
dbp:history
  • APPEAL from a judgment of the Court of Appeal for Manitoba, 30 WWR 156, dismissing an appeal from the judgment of Williams CJKB (en)
dbp:joindissent
  • Locke J (en)
dbp:joinmajority
  • Kerwin CJ, Taschereau, Fauteux, Abbott, and Martland JJ (en)
dbp:majority
  • Judson J (en)
dbp:ratio
  • A provincial enactment does not become a matter of criminal law merely because it consists of a prohibition and makes it an offence for failure to observe the prohibition. S. 55 of The Highway Traffic Act has for its true object, purpose, nature or character the regulation of traffic on highways and is valid provincial legislation. (en)
dbp:ruling
  • Appeal dismissed, Locke and Cartwright JJ dissenting (en)
dbp:scc
  • 1959 (xsd:integer)
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rdfs:comment
  • 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 is also known as the paramountcy doctrine. (en)
rdfs:label
  • O'Grady v Sparling (en)
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