Rogers’ rights ruled more important than your health

Rogers Communications Inc. v. Châteauguay (City) – SCC Cases (Lexum)

The effects of a municipal measure must be considered in conjunction with its purpose. The fact that such a measure affects a federal head of power does not on its own explain why the action was taken. However, the evidence in the record does clearly show what motivated it, which, moreover, appears to outweigh its effects. Thus, if the resolution’s purposes and effects are considered as a whole in a comprehensive analysis of the pith and substance, the purposes that were pursued and achieved in establishing the land reserve were to ensure the harmonious development of the territory of Châteauguay, to allay its residents’ concerns and to protect their health and well‑being, despite the fact that there was clearly an effect on the siting of Rogers’ radiocommunication tower. This approach tends to support a finding that the actions of the governments at both levels are valid and to favour the key principles underlying the division of powers, including subsidiarity and co‑operative federalism. On the basis of the doctrine of interjurisdictional immunity, the notice of a reserve nevertheless impairs the core of the federal power over radiocommunication. The choice of location or the siting of antenna systems is at the core of that power. By blocking the location decided on in accordance with the procedure provided for in the Radiocommunication Act and circular CPC‑2‑0‑03 — Radiocommunication and Broadcasting Antenna Systems, the notice intrudes significantly on a vital and essential aspect of the power.

via Rogers Communications Inc. v. Châteauguay (City) – SCC Cases (Lexum)

Expanded Surveillance


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