Interjurisdictional Immunities and the Distribution of Legislative Powers: Toward a Restatement
Revue Juridique Themis, Vol. 28, p. 507, 1994
26 Pages Posted: 26 Feb 2009 Last revised: 20 Mar 2009
Date Written: July 1, 1994
Abstract
This paper brings together the strands that make up the doctrine of interjurisdictional immunities in Canadian constitutional law, identifies the peculiar nature of the heads of power which prompted its adoption, and proposes a rationalization of the doctrine which keeps it operative only where it is needed and does not threaten contemporary distribution of powers analysis. The paper was cited with approval by the Supreme Court of Canada in Canadian Western Bank v. Alberta, [2007] 2 S.C.R. 3.
Keywords: Federalism, Immunity, Inapplicability, Interjurisdictional Immunity, Constitution Act, 1867, Pith and Substance, Federal Undertakings, Canadian Constitution, Distribution of Powers
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