Interjurisdictional Immunity after Canadian Western Bank and Lafarge Canada Inc.: The Supreme Court Muddies the Doctrinal Waters - Again
Bibliographic record
Abstract
The doctrine of interjurisdictional immunity holds that valid, generally worded legislation enacted by one order of government cannot constitutionally be applied in contexts that can be said to fall within a core area of the other order of government’s legislative jurisdiction. After years of seemingly settled law, the Supreme Court of Canada reassessed the doctrine in its decisions in Canadian Western Bank v. Albert (CWB) and in British Columbia (Attorney General) v. Lafarge Canada Inc. (Lafarge) where the doctrine was invoked by federally regulated undertakings (i.e., banks and a port authority) wanting to avoid the application of valid provincial legislation. The purposes of this paper are to provide to provide a detailed overview of the origins and evolution of the doctrine of interjurisdictional immunity and a careful scrutiny of the doctrine’s place in the evolving law of Canadian federalism. Part II of the paper looks at the legal test used in early cases involving federally regulated undertakings. Part III summarizes the Court’s reassessment of the doctrine in both CWB and Lafarge. Part IV offers critical analysis of the Court’s reassessment of the doctrine.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.022 | 0.017 |
| Scholarly communication | 0.011 | 0.003 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.010 | 0.011 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".