What are the reasons for judgment on a constitutional issue on “taking up” or interjurisdictional immunity?
British Columbia, Canada
The following excerpt is from Atlantic Waste Systems Ltd. v. Canada (Attorney General), 2014 BCSC 490 (CanLII):
There is much merit in the comments of Madam Justice Southin in Stoney Creek Indian Band v. Alcan Aluminum, 1999 BCCA 527 at para. 37, that it is not “in the broad public interest ... that a profoundly important question of constitutional law should be decided without the vital facts, both those inter partes and constitutional.” I would decline, therefore, to address the judge’s reasons for judgment on the issue variously referred to as the constitutional issue on “taking up” or interjurisdictional immunity.
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