Lafarge Canada Inc. proposed to build a concrete batching facility on waterfront lands owned by the Vancouver Port Authority (VPA).
The City of Vancouver and the VPA approved the project, but a ratepayers group opposed it, arguing Lafarge needed a City development permit.
The Supreme Court of Canada held that the VPA lands were not 'public property' under s. 91(1A) of the Constitution Act, 1867, but the project fell under federal jurisdiction over 'navigation and shipping' under s. 91(10).
The Court applied the doctrine of federal paramountcy, finding an operational conflict between the federal Canada Marine Act and the municipal zoning by-law, rendering the by-law inoperative to the extent of the conflict.
