Interjurisdictional Immunity

Cooperative Federalism in Peril? The SCC Revitalizes the Doctrine of Interjurisdictional Immunity in Opsis

In Opsis Airport Services Inc v Quebec (Attorney General), 2025 SCC 17 [Opsis], the Supreme Court of Canada (“SCC” or the “Court”) refined the doctrine of interjurisdictional immunity (“IJI”) test from its framework in Canadian Western Bank v Alberta, 2007 SCC 22 [Canadian Western Bank]. This case centres on whether Quebec’s Private Security Act, CQLR, c S-3.5 [PSA] impairs the core of certain federal heads of power. The Court’s finding of inapplicability on these facts represents a notable shift in the IJI analytical structure that carries significant implications for legislatures, administrative decision-makers, and the private sector.

When Court Jurisdiction Meets Statutory Interpretation: Windsor (City) v Canadian Transit Co

When Driedger’s “modern principle” was first articulated in Rizzo v Rizzo Shoes Ltd (Re), [1998] 1 SCR 27 as the SCC’s preferred approach to statutory interpretation, the onerous task of interpretation was thought to finally be resolved. Yet it has always astonished me how frequently the words of a statute continue to give rise to […]

Banks Forced to Repay Added Charges Plus Punitive Damages: Bank of Montreal v Marcotte

On September 19, 2014, the Supreme Court of Canada ("SCC") released its decision in Bank of Montreal v Marcotte, 2014 SCC 55 [BMO v Marcotte], and its two companion cases, Amex Bank of Canada v Adams, 2014 SCC 56, and Marcotte v Fédération des caisses Desjardins du Québec, 2014 SCC 57. The case in BMO v Marcotte was based […]

The "Return to Unanimity" in Insite and Division of Powers Jurisprudence: Chief Justice McLachlin's "Oversight"

Between 2000 and 2008, under Chief Justice McLachlin's oversight, the Supreme Court of Canada ("SCC"), was unanimous in its disposition of division of powers issues in 25 rulings or reference opinions. Then, after the 2009 division in Consolidated Fastfrate Inc v Western Canada Council of Teamsters, [2009] 3 SCR 407, the SCC divided sharply in […]