Frédéric Perreault

Two enterprises in airport and marine transportation security, and an employee, challenged provincial offence proceedings under Quebec’s Private Security Act on interjurisdictional immunity grounds.

The Court held that aspects of the provincial licensing scheme gave a provincial administrative body final control over how security activities at the core of exclusive federal aeronautics and navigation and shipping powers were conducted.

It found impairment of the federal core powers and concluded the impairing provisions were unseverable from the legislative scheme.

The statute was therefore declared constitutionally inapplicable to the appellants, and both appeals were allowed with costs.

The appellant challenged provisions of Quebec's Cannabis Regulation Act that completely prohibit the possession and cultivation of cannabis plants in a dwelling-house, arguing they fell under federal criminal law power or were inoperative due to federal paramountcy.

The Supreme Court held that the impugned provisions are a valid exercise of provincial jurisdiction under ss. 92(13) and (16) of the Constitution Act, 1867, finding their pith and substance is to ensure the effectiveness of the state monopoly on cannabis sales to protect public health and security.

The Court further held that the provisions do not frustrate the purpose of the federal Cannabis Act, because Parliament's exemption of up to four home-grown plants does not confer positive rights to cultivate, and the provincial objectives are compatible with the federal scheme's goals of combating illicit cannabis activity.