The Law Society of British Columbia sought an injunction against an immigration consultant, arguing he was engaged in the unauthorized practice of law under the provincial Legal Profession Act.
The consultant argued his activities were authorized by the federal Immigration Act, which permits non-lawyers to represent aliens for a fee before the Immigration and Refugee Board.
The Supreme Court of Canada held that the subject matter has a double aspect, falling under both federal jurisdiction over aliens and provincial jurisdiction over civil rights.
Applying the paramountcy doctrine, the Court found an operational conflict between the two statutes and held that the federal Immigration Act prevails, rendering the provincial prohibition inoperative to the extent of the conflict.
