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"...a provincial legislation cannot, even in the pursuit of provincial objects, legislate in a manner that can interfere with an exclusively federal competence (...) The provinces cannot, for any reason whatsoever, suppress the public right to navigate..." [Superior Court of Quebec]
"The municipality can only exercise the powers that are expressly delegated to it by the province (…). The province cannot delegate powers to the municipality or a competence that it cannot itself exercise under the terms of sharing of competences sanctioned by the Constitutional Law of 1867." [Quebec Court of Appeal]
"(...)the
exclusive Legislative Authority of the Parliament of Canada
extends to all Matters coming within the Classes of Subjects next
hereinafter enumerated; that is to say,
(...)
10. Navigation and Shipping
(...)
And any Matter coming within any of the Classes of Subjects
enumerated in this Section shall not be deemed to come within the
Class of Matters of a local or private Nature comprised in the
Enumeration of the Classes of Subjects by this Act assigned
exclusively to the Legislatures of the Provinces. [The
Consitution Act of 1867, Article 91]
Documents on line:
Request for Declaratory Judgement (By-Laws 523, 535, 535-1, 535-2) (All documents in French)
BRIEF OF THE APPELLANTS AND ANNEXES
JUDGEMENT (REQUEST OF THE SOLICITOR GENERAL OF CANADA TO OBTAIN LEAVE TO VOLUNTARILY INTERVENE IN THE APPEAL)
REQUEST OF THE SOLICITOR GENERAL OF CANADA TO OBTAIN LEAVE TO VOLUNTARILY INTERVENE IN THE APPEAL (Granted 2009-05-22)
JUDGEMENT (REQUEST FOR DECLARATORY JUDGEMENT AMENDED)
JUDGEMENT (APPEAL OF THE INTERLOCUTORY JUDGEMENT TO DECLARE IRRECEIVABLE THE EXPERT REPORT SUBMITTED BY THE DEFENSE)
EXPOSE OF THE RESPONDENTS/PLAINTIFFS (APPEAL OF THE INTERLOCUTORY JUDGEMENT TO DECLARE IRRECEIVABLE THE EXPERT REPORT SUBMITTED BY THE DEFENSE)
JUDGEMENT (INTERLOCUTORY REQUEST TO DECLARE IRRECEIVABLE THE EXPERT REPORT SUBMITTED BY THE DEFENSE)
INTERLOCUTORY REQUEST TO DECLARE IRRECEIVABLE THE EXPERT REPORT SUBMITTED BY THE DEFENSE
Boating restriction application (All documents in French)
Letter from Transport Canada adressed to the Director-General on October 14, 2008
Letter from Transport Canada adressed to the Director of Culture and Leisure on April 15, 2008
Letter from Transport Canada addressed to the Mayor on December 7, 2006
Open letter to Pierre Roy, Mayor of Saint Adolphe d'Howard
Letter of resignation from the nautical consultative committee (in French)
Revised: 2009-06-25
