Quebec private security law doesn't apply to firms working in federal areas: court
The Supreme Court of Canada says a Quebec law governing private security activities does not apply to two firms involved in work that falls under federal responsibility.
In a unanimous judgment, the top court took issue with aspects of a licensing scheme established by Quebec's Private Security Act that effectively gives a provincial administrative body the final say on security activities that come under an exclusive federal power.
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The court found the provincial law is inapplicable to Opsis Airport Services Inc. and Quebec Maritime Services Inc. due to a doctrine, rooted in the Constitution, that protects the core of an exclusive power — either federal or provincial — from being impaired by the other level of government.
Opsis, which runs the emergency call dispatch centre at Pierre Elliott Trudeau International Airport in Montreal, was charged with operating an enterprise that carried on private security activities without an appropriate licence.
Quebec Maritime Services, which performs loading operations on transatlantic ships, and one of the firm's employees were also charged with contravening the Quebec law.
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The Supreme Court allowed the appeals filed by the companies and the employee, given its finding that the Private Security Act is inapplicable to the activities in question.
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