Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part III. The Parliaments of the Dominions

Collection:: Economics Books

car. v] THE PRIVILEGES AND PROCEDURE 453 The validity of such legislation only received final settle- ment in 1896, when a case, Fielding v. Thomas) was adjudicated upon by the Privy Council. The Act of Nova Scotia included a provision authorizing the Legislature to summon any person before it, offenders to be liable to imprisonment. The plaintiff deliberately disobeyed an order of the House of Assembly to attend, and was arrested by the serjeant-at-arms and imprisoned under order of the House. Being released under a writ of habeas corpus, he brought an action against certain members for assault and false imprisonment. Judgement went for the plaintiff, and on appeal to the Supreme Court of Nova Scotia the Court was equally divided and the judgement in the lower Court was therefore affirmed. But it was reversed in the Privy Council, which entertained no doubt of the power of the Legislature of Nova Scotia to enact the Act in question; the judgement pointed out that by the Act of 1867 the powers of the legislatures at confederation were continued, and they had before they became provinces of the federation full power to enact such laws as they pleased on the subject of their privi- leges, and this power was not gone; again, and this is of especial importance, as it refers generally and covers the case of a province which has never been a Colony with a representative legislature in the sense of the Colonial Laws Validity Act, 1865, they held that the power was competent to be exercised under s. 92 (1) of the British North America Act, 1867, as being an amendment of the constitution of the province. This will authorize the Legislatures of Mani- toba, Alberta, and Saskatchewan, and any new provinces to exercise full powers over their privileges? On the other hand, it is important to note that as the criminal law is reserved by s. 91 (27) of the British North America Act ! [1896] A. C. 600 overruling 26 N. S. 55. Contra, Sir J. Thompson, Provincial Legislation, 1867-95, p. 1228. ? This will also apply to British Columbia, which had not a representative constitution on its joining the federation, according to Lefroy, Legislative Power in Canada, p. 749, note 1, but this is an error ; see Act No. 147 of 1871 of that province. All the provinces now have parliamentary privileges laid down by their local Acts. For Ontario, sce 1908, c. 5. ss. 43-61 ; for Quebec. Revised Statutes. 1909. ss. 129-40.

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