|
''Union St Jacques de Montreal v Bélisle'' is a Canadian constitutional law decision by the Judicial Committee of the Privy Council. The issue was whether a provincial statute which altered the contractual liabilities of a benevolent organization, reducing its financial obligations to two individuals, was within the constitutional authority of the province of Quebec under the ''Constitution Act, 1867''〔''(Constitution Act, 1867 )'', 30 & 31 Victoria, c. 3. (U.K.), R.S.C. 1985, App. II, No. 5.〕 (formerly known as the ''British North America Act, 1867''). 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. 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''. == The Facts of the Case == L'Union St-Jacques was a benevolent institution in Montreal, founded under provincial law. One of its purposes was to provide annuities to surviving widows of its deceased members, as governed by the contract of membership. 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.〔''An Act to relieve L'Union St. Jacques de Montreal'', S.Q. 1870, c. 58, Preamble.〕 To deal with this problem, the Legislature of Quebec enacted ''An Act to relieve L'Union St. Jacques de Montreal''. 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 7''s''. 6''d''. per week for life. 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.〔''An Act to relieve L'Union St. Jacques de Montreal'', ss. 1, 2 and 3.〕 Following the passage of this Act, the Union voted to take advantage of its provisions. Two of the four widows eligible for benefits agreed to accept the block sum of $200 instead of the amounts provided under the contract. The other two widows insisted on receiving the contractual benefits, and challenged the reduction in payments in the courts. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Union St Jacques de Montreal v Bélisle」の詳細全文を読む スポンサード リンク
|