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

Suggested Citation

Gelinas, Fabien, Interjurisdictional Immunities and the Distribution of Legislative Powers: Toward a Restatement (July 1, 1994). Revue Juridique Themis, Vol. 28, p. 507, 1994, Available at SSRN: https://ssrn.com/abstract=1348602

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

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