DLA Piper secures unanimous decision from the Supreme Court of Canada in constitutional case

DLA Piper secured a key judgement from the Supreme Court of Canada in favour of Opsis Airport Services Inc. (“Opsis”). The Court declared Quebec’s Private Security Act to be inapplicable to Opsis under the constitutional doctrine of interjurisdictional immunity. In a unanimous ruling, the Court concluded that key provisions of the Act interfered with the core of the federal Parliament’s exclusive jurisdiction over aeronautics.

Opsis, the appellant in this case, provides security services for Montréal International Airport, including the operation of the emergency call center. The case arose after a provincial authority issued statements of offense against Opsis for engaging in private security activities without holding the agency license required by provincial law. Since aeronautics falls under the exclusive jurisdiction of the federal Parliament, Opsis argued that the provincial Act could not apply to its airport security activities, as they are part of the “core” of federal jurisdiction over aeronautics. The Supreme Court of Canada agreed.

The decision reinforces and clarifies several principles regarding the division of powers between provincial and federal governments in Canada. The Supreme Court reaffirmed the relevance of the doctrine of interjurisdictional immunity in Canadian constitutional law. It also confirmed that air transport security is part of the protected core of federal jurisdiction over aeronautics. Finally, the Court confirmed that the potential effects of a provincial law can constitute an interference justifying its inapplicability, even if the interference has not materialized in practice. This decision brings clarity and predictability for businesses operating in federally regulated sectors such as aeronautics and maritime transport, which often face complex questions about the applicability of laws and regulations from both levels of government.

“This is not only a major victory for our client, but also an important decision for all businesses operating in the federal sphere,” commented Alan Sarhan (Montréal), partner and long-time counsel to Opsis.

The DLA Piper Canada team representing Opsis before the Supreme Court was composed of François Tremblay and Marie-Philippe Lavoie (Montréal).