L'Union St. Jacques de Montreal v Bélisle is a Canadian constitutional law decision by the Judicial Committee of the Privy Council in 1874.
[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.
However, it found that its annuity commitments exceeded its financial capacities, and if it made the payments as set out in the contract, it would run out of funds.
The Act authorised the Union to make block payments of $200 to each of the surviving widows, replacing the annuities, which were to have been paid at the rate of 7s.
The Act also provided that if the Union's financial position improved, it then could make up the arrears owing to the widows under the original terms of the contract.
On 30 November 1870, Justice Torrance of the Circuit Court accepted the widows' argument and held that the Act was not within the constitutional authority of the Province.
[6] The Union then appealed to the Judicial Committee of the Privy Council in Britain, at that time the court of last resort for the colonies of the British Empire, including Canada.
[9] He concluded that the Committee should advise Her Majesty that the appeal be allowed and the original suit be dismissed, with no order as to costs.
"[13] Following the abolition of Canadian appeals to the Judicial Committee, the Minister of Justice and Attorney General of Canada directed the Department of Justice to prepare a compilation of all constitutional cases decided by the Judicial Committee on the construction and interpretation of the British North America Act, 1867 (now the Constitution Act, 1867), for the assistance of the Canadian Bench and Bar.