L'Union St Jacques de Montreal v Bélisle
Canadian constitutional law case - 1874 / From Wikipedia, the free encyclopedia
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L'Union St. Jacques de Montreal v Bélisle is a Canadian constitutional law decision by the Judicial Committee of the Privy Council in 1874. The issue was whether a provincial statute which altered the contractual liabilities of a benevolent organization, reducing its financial obligations to two widows, was within the constitutional authority of the province of Quebec under the British North America Act, 1867 (now known as the Constitution Act, 1867).
L'Union St Jacques de Montreal v Bélisle | |
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Court | Judicial Committee of the Privy Council |
Full case name | L'Union St-Jacques de Montreal v Dame Julie Bélisle |
Decided | July 8, 1874 |
Citations | [1874] UKPC 53, (1874) 6 AC 31 (PC), 20 LC Jur 29 |
Case history | |
Prior actions | Bélisle v L'Union St. Jacques (1870), 15 LC Jur 212 (QC CirCt); upheld, L'Union St-Jacques de Montréal v. Bélisle (1874), 20 LC Jur 29, 5 RLOS 622 (QC QB). |
Appealed from | Quebec Court of Queen's Bench (Appeal Side) |
Court membership | |
Judges sitting | Lord Selborne Sir James W. Colvile Sir Barnes Peacock Sir Montague E. Smith Sir Robert P. Collier |
Case opinions | |
Province has the power to enact legislation to alter the terms of a private contract | |
Decision by | Lord Selborne |
Keywords | |
Bankruptcy and Insolvency; Matters of a Local and Private Nature |
It was the first case where the Judicial Committee examined in detail the interplay between the list of federal powers in s. 91 of the Constitution Act, 1867 and the list of provincial powers in s. 92 of the Act.[1] The Judicial Committee held that the legislation was within provincial jurisdiction as a matter of local and private interest, coming under section 92(16) of the Constitution Act, 1867. The statute did not intrude on federal jurisdiction over bankruptcy and insolvency, under s. 91(21) of the Constitution Act, 1867.[2]