L'Association St. Jean-Baptiste de Montréal v. Brault

L'Association St. Jean-Baptiste de Montréal v. Brault

Majority held the Quebec statute purporting to permit the lottery was ultra vires the province because lotteries were prohibited by federal criminal law; contracts connected with that unlawful scheme were void and unenforceable; the 1892 agreement was not separable so respondent's action failed and must be dismissed; courts must notice such public‑order nullities without plea.

Citation
(1900) 30 SCR 598
Parties
Appellant (defendant): L'Association St. Jean-Baptiste de Montréal; Respondent (plaintiff): Henri Alexandre A. Brault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 October 1900
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From Superior Court (sitting in Review) Montreal
Outcome
Appeal allowed; action dismissed.
Legal Topics
Division of Powers, Lotteries, Illegality of Contracts, Public Order, Nullity of Contracts, Provincial Ultra Vires Legislation
Source Language
English
Constitutional Law Criminal Law Contract Law Civil Law Division of Powers Lotteries Illegality of Contracts Public Order +2 more

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Parties

L'Association St. Jean-Baptiste de Montréal

Appellant (defendant)

Henri Alexandre A. Brault

Respondent (plaintiff)

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From Superior Court (sitting in Review) Montreal

Legal Issues

  1. 1 Whether a provincial legislature can authorize lotteries prohibited by federal criminal statutes
  2. 2 Whether contracts connected with an illegal lottery are enforceable
  3. 3 Whether courts must notice and give effect to the nullity of illegal contracts ex mero motu

Ratio Decidendi

Majority held the Quebec statute purporting to permit the lottery was ultra vires the province because lotteries were prohibited by federal criminal law; contracts connected with that unlawful scheme were void and unenforceable; the 1892 agreement was not separable so respondent's action failed and must be dismissed; courts must notice such public‑order nullities without plea.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Appeal allowed
  • Action dismissed