Kelly v. Sulivan, 1876 CanLII 9, 1 SCR 3 was the first case heard by the Supreme Court of Canada.

The Senate wanted to know if a bill entitled "An Act to incorporate the Brothers of the Christian Schools in Canada" was constitutional and within the authority of the federal government.

To that end, the Legislative Assembly of Prince Edward Island passed the Land Purchase Act, 1875,[1] which provided a procedure for the compulsory acquisition of all such estates that were larger than 500 acres (200 ha), other than untenanted estates less than 1,000 acres (400 ha).

Sulivan, through her agent George Wastie DeBlois,[2] appealed on the basis that the awards did not describe the lands in sufficient detail, that proper legal procedures had not been followed, and that the British North America Act did not permit such legislation as the Land Purchase Act.

The Province, through Francis Kelly, its Commissioner for Public Lands,[3] lodged an appeal to the newly created Supreme Court of Canada, on the basis that: In response, Sulivan's side contended: The Court was unanimous in its ruling, although each justice issued a separate opinion.