Constitutional validity of legislation - Determination of validity - Interpretive and constructive doctrines

Law360 Canada ( May 30, 2025, 12:30 PM EDT) -- Appeal by Opsis Airport Services Inc. (Opsis) from a judgment of the Québec Court of Appeal, which affirmed convictions entered by the Court of Québec. Appeal by Quebec Maritime Services Inc. (QMS) and Fillion from a judgment of the Québec Court of Appeal, which affirmed their convictions. Opsis was a federal company that operated the emergency call dispatch centre at Pierre Elliot Trudeau International Airport. QMS was a company that worked in the international marine transportation sector and Fillion was its employee. Both companies’ activities were highly regulated by federal legislation. In both cases, the appellants received statements of offence charging them with having contravened certain provisions of the Private Security Act (PSA), a statute enacted by the Québec legislature. The appellants contested their statements of offence on the basis that the PSA was inapplicable to them by virtue of the doctrine of interjurisdictional immunity. The same argument was raised before the Court with Opsis also raising the argument concerning the doctrine of federal paramountcy. The appeals raised the questions of whether the PSA and the regulations thereunder applied to the appellants’ activities, should the PSA be declared constitutionally inapplicable to the appellants pursuant to the doctrine of interjurisdictional immunity and finally, should the PSA be declared constitutionally inoperative in relation to the appellants pursuant to the doctrine of federal paramountcy....