What is the scope of the interjurisdictional immunity doctrine?
British Columbia, Canada
The following excerpt is from West Kelowna (District) v. Newcombe, 2013 BCSC 1411 (CanLII):
Interjurisdictional immunity was initially developed in the context of federal undertakings … and federally incorporated companies … However, the doctrine was then applied more widely, and was understood to protect a certain minimum content of every federal head of power … Following Canadian Western Bank v. Alberta … the prevailing view is that the application of interjurisdictional immunity is generally limited to the cores of every legislative head of power already identified in the jurisprudence …
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