What Insite revealed about Canadian Federalism

The doctrine of interjurisdictional immunity, which, in division of powers, renders inapplicable any law that infringes upon the "basic, minimum and unassailable core" of a head of power, has always held a tenuous place in Canadian federalism jurisprudence. While the Insite judgment was not based on interjurisdictional immunity (IJI), Chief Justice McLachlin's discussion of its underlying philosophy and its relationship to Canadian federalism was nevertheless rather illuminating on a conceptual level. An analysis of the Court's conception of IJI in Insite reveals one of a pan-Canadian community perspective, rather than a territorial one....