Sébastien Rochette

In a constitutional appeal on judicial independence, the appellants challenged transitional remuneration and pension provisions enacted during a provincial judicial reform.

The Court held that when a new judicial office is created, remuneration for all judges appointed to that office must be reviewed by an independent committee within a reasonable time, including retroactive review where required.

The impugned provisions delaying or structuring remuneration without timely committee review breached the institutional financial security guarantee and were not justified under s. 1.

The Court upheld the validity of the pension participation provision and the later executive order, and ordered a remedial committee review for the 2004 to 2007 period.

The respondents built an aerodrome on land zoned as agricultural in Quebec without obtaining prior authorization from the Commission de protection du territoire agricole du Québec.

The Commission ordered the land restored to its original state pursuant to provincial agricultural zoning legislation.

The Supreme Court of Canada held that while the provincial legislation is valid as relating to land use planning and agriculture, it is constitutionally inapplicable to aerodromes under the doctrine of interjurisdictional immunity because it impairs the core of the federal power over aeronautics.

The respondents operated a commercial float plane business on a lake in a municipality.

The municipality amended its zoning by-law to prohibit aerodromes on that lake, while permitting them on another lake.

The municipality sought an injunction to stop the respondents' aviation activities.

The Supreme Court of Canada held that the by-law amendment was ultra vires the province because its pith and substance was the regulation of aeronautics, an exclusive federal jurisdiction.

The Court further held that the amendment was not saved by the ancillary powers doctrine because it was not rationally and functionally connected to the broader, valid municipal zoning scheme.

The appeal was dismissed.