SFO-YYZ
Active Member
Most of this is just provincial politics background noise, in an election year.Having it as an election platform issue is always the most dangerous part. Lets just hope public support for the current and pro hsr parties dont wane
Legally, everyone including the PQ and CAQ know that Quebec cannot simply veto or "pull out" of an interprovincial railway project the way a province could withdraw from a jointly funded provincial-federal program, because there's no legal basis for them to challenge this:
- Interprovincial railways fall under federal jurisdiction under section 92(10) of the Constitution Act 1867.
- Ottawa has historically had authority to authorize, regulate, and expropriate land for railways that cross provincial boundaries.
On the expropriations front, a Quebec of Ontario land owner could probably **delay** ALTO and increase compensation costs, but a CAHSR-style decades-long land-rights fight in court is quite unlikely, even under current legal framekwork in Canada, because Canadian property rights protections are much weaker than that of the U.S. (which is written into Fifth Amendment of the constitution). Ottawa is also seeking to pass the current Bill C-15, which if passed, will give Ottawa even more legal instruments to expedite the project (e.g. right-of-first-refusal and prohibition-on-work notices on land along the corridor; simply the procedural steps of the Expropriations Act; eliminate public hearings for expropriation challenges, and replace with a written objection, etc.).




