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Constitution - Interjurisdictional Immunity. BNSF Railway Company v. Greater Vancouver Water District
In BNSF Railway Company v. Greater Vancouver Water District (Fed CA, 2025) the Federal Court of Appeal dismissed an appeal [under the Canada Transportation Act, s.41(1)], here from a CTA decision that "found the rerouting works suitable and authorized the District to construct and maintain them at the District’s cost".
Here the court considers interjurisdictional immunity:[130] While a federal undertaking is not immune from provincial legislation, interjurisdictional immunity applies when provincial legislation would impair (without necessarily sterilizing or paralyzing) the federal power or undertaking: Canadian Western Bank v. Alberta, 2007 SCC 22 at para. 48. The doctrine of interjurisdictional immunity applies to the essential functions and parts of railway operations: Ontario v. Canada Pacific Ltd., (1993), 1993 CanLII 8608 (ON CA), 13 O.R. (3d) 389, 103 D.L.R. (4th) 255, at 394, affirmed 1995 CanLII 112 (SCC), 1995 2 S.C.R. 1031, 125 D.L.R. (4th) 385; Halton (Regional Municipality) v. Canadian National Railway Company, 2024 ONCA 174, leave to appeal to SCC refused, 41248 (11 July 2024).
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