Introduction
In Opsis Airport Services Inc. v. Québec (Attorney General),1 the Supreme Court of Canada unanimously reaffirmed the application of the doctrine of interjurisdictional immunity, which protects an exclusive jurisdiction'federal or provincial'from interference by the other order of government.
The Court reiterates that two conditions must be met for this doctrine to apply: (1) an intrusion on the core of an exclusive head of power of the other level of government and (2) impairment of the core of the exclusive head of power.
When it applies, the contested provisions remain valid but are declared inapplicable to the persons who brought the action (in this case, Opsis, SMQ, and Mr. Fillion), as they impede matters that would fall under the essential content of the exclusive jurisdiction of the other level of government. When the contested provisions are inseparable from an entire provincial scheme, the entire scheme will be declared inapplicable.
Facts in Dispute
Opsis Airport Services Inc. ("Opsis"), Services maritimes Québec inc. ("SMQ") and Michel Fillion, an SMQ employee ("Mr. Fillion"), are challenging statements of offence alleging that they contravened the Private Security Act ("PSA"),2 a Québec law, on the grounds that the PSA is inapplicable to them due to the doctrine of interjurisdictional immunity.3
Indeed, their services are strictly regulated by federal legislation.
Opsis is a company that provides airport security services at Pierre Elliott Trudeau International Airport. Its activities are governed by the Canadian Aviation Security Regulations, 20124 made under the Aeronautics Act,5 a federal statute.6
SMQ operates in the international marine shipping sector and handles loading operations on transatlantic vessels from the Pointe-au-Pic terminal in La Malbaie. Its activities are governed by the Canada Shipping Act, 20017 and the Marine Transportation Security Act,8 which are federal...
