8 of the Plan provided that the agreements entered between the federal Govt and the provinces to this respect would continue in force as long as the relevant provincial law was in operation, subject to termination by consent, or unilaterally by either party on a year's notice.

In 1990, Federal Government introduced a bill that provided a cap on Ontario, BC and Alberta.

Ultimately, the Court relied on the Interpretation Act in its decision, although it stated that the Parliament would not have been precluded from exercising its powers in the absence thereof.

It was argued by the Province that the Federal Government created a legitimate expectation by the language in the statute.

Justice Sopinka held that requiring the consent of the Province before allowing Parliament to amend the statute would produce a substantive outcome.