Daniel Chénard

Following a collision between two Canadian National Railway trains in Quebec, an inspector from the provincial Commission de la santé et de la sécurité du travail initiated an investigation under the provincial Act respecting occupational health and safety.

The railway company challenged the investigation, arguing the provincial statute could not constitutionally apply to a federal undertaking.

The Supreme Court of Canada held that the provincial occupational health and safety legislation, because of its preventive nature, directly regulates the working conditions and management of the undertaking.

Consequently, the investigative powers under the Act are wholly inapplicable to an interprovincial railway undertaking.

The appellant's daughter suffered permanent disablement from acute viral encephalitis after receiving a measles vaccine as part of a government-sponsored program.

The appellant sued the provincial government for damages, relying on a theory of no-fault or objective liability based on the principle that damages suffered by an individual for the benefit of the community should be borne by the community.

The Supreme Court of Canada dismissed the appeal, holding that Quebec civil law does not recognize no-fault liability or the theory of risk.

The Court found that the Civil Code provisions and ancient law do not support a general principle of state liability without fault for public health initiatives.