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ARTICLE · 13 JUNE 2012

SCC Addresses Test For "Federal Undertakings" Under The Constitution

McCarthy Tétrault
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When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? This question arose in Tessier v. Québec (Commission de la santé et sécurité du travail), the Supreme Court of Canada ("SCC") decision rendered on May 17, 2012.

CanadaLitigation, Mediation & Arbitration
Marc-André Russell
Marc-André Russell
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SCC Addresses Test For "Federal Undertakings" Under The Constitution

When do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? This question arose in Tessier v. Québec (Commission de la santé et sécurité du travail), the Supreme Court of Canada ("SCC") decision rendered on May 17, 2012.

This case differs from those previously decided by the SCC, in that it is the first time the SCC had the opportunity to assess the constitutional implications which arise when the employees performing the work do not form a discrete unit and are instead fully integrated into the related operation.

Background

This case arises pursuant to a declaration made by Quebec's Commission de la santé et de la sécurité du travail ("CSST") in 2006. The CSST stated that Tessier Ltée ("Tessier")'s activities fell under provincial jurisdiction. The evidence showed that Tessier Ltée is a heavy equipment rental company that rents

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