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Constitution (Non-Charter) - s.52 Declarations of Invalidity (5). Opsis Airport Services Inc. v. Quebec (Attorney General) [remedy]
In Opsis Airport Services Inc. v. Quebec (Attorney General) (SCC, 2025) the Supreme Court of Canada allowed appeals, here respecting "the contours of the doctrine of interjurisdictional immunity", where a Quebec provincial statute was applied against a federal undertaking.
The court finds that the doctrine of interjurisdictional immunity applies, and grants a read-down s.52(1) declaration remedy:[84] From this perspective, it seems clear that the Quebec legislature would not have enacted the PSA without the impairing provisions, which are truly unseverable from the rest of the statute and essential to the whole of which they form part. Since a targeted declaration of inapplicability might change the nature of the legislative scheme intended by the legislature, the appropriate remedy is to read down the statute as a whole so that the appellants are excluded from its scope (see, by analogy, Ontario (Attorney General) v. G, 2020 SCC 38, [2020] 3 S.C.R. 629, at para. 114; R. v. Ferguson, 2008 SCC 6, [2008] 1 S.C.R. 96, at paras. 50‑51).
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