On May 30, 2025, the Supreme Court of Canada (the Supreme Court) released its unanimous decision in Opsis Airport Services Inc. v. Quebec (Attorney General), 2025 SCC 17. In Opsis, the Supreme Court revisited the doctrine of interjurisdictional immunity, which protects the "core" of an exclusive jurisdictional power from being impaired by another level of government.
The Court's unanimous decision is notable given the context of Canada's modern practice of cooperative federalism, and the fact that the doctrine of interjurisdictional immunity can be at odds with this practice. The decision reaffirms that the doctrine still plays an important role in Canadian federalism by balancing the division of powers between levels of government and providing predictability in determining areas of core federal or provincial jurisdiction.
Facts and history of the case
The decision deals with two cases that arose from charges under Quebec's Private Security Act (PSA). The PSA sets out requirements for private security companies and agents to be licensed by the Bureau de la Sécurité Privée (the Bureau).
In the first case, Opsis Airport Services Inc. (Opsis) provided airport security services at the Pierre Elliott Trudeau International Airport (the Airport). Opsis's security services were regulated by federal legislation, including the Canadian Aviation Security Regulations and the Aeronautics Act. Opsis, however, was charged with two offences contravening the PSA for operating private security without an agency licence.
In the second case, Quebec Maritime Services Inc. (QMS) provided loading operations and control access support at the Pointe-au-Pic...
