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.