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Josh Dehaas: A Carney oil blockade would be playing with fire, even if constitutional

It’s not always easy to assign a matter exclusively to one level of government. The court has developed certain rules to deal with this reality, but it’s not always clear how they will be applied. For example, if two laws are in conflict and it’s impossible to comply with both laws, the federal law may prevail under the doctrine of paramountcy. That said, if a law intrudes on the “core” or the “basic, minimum and unassailable content” of the other order of government’s powers, it may be deemed inapplicable under the doctrine of interjurisdictional immunity.

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