Witnesses.

Publication of papers.

Breach of

privilege.

Attendance of witnesses. Apart from Statute a Provincial Legislature may require the attendance of witnesses'. The provincial Acts defining privileges usually regulate this power and confer on the Speaker the power of issuing a warrant to compel attendance.

Publication of papers, &c. Special provision regarding the publication of papers is made by the British Columbia Act, which enacts, that no action is to be brought on account of the printing or publishing of any documents or papers printed by order of either the Legislative Assembly or the Speaker thereof, and in Ontario the production of an affidavit that the publication was by order of the Legislature empowers the judge to stay all proceedings.

Punishing for breach of privilege. The Ontario, Manitoba and Nova Scotia Acts enumerate a number of offences which if committed are regarded as a breach of privilege, such as:

Assaulting, molesting, or libelling any member of the Legislature during the session or 20 days before or after the session.

Obstructing, threatening, or attempting to force or intimidate any member.

Bribing or attempting to bribe any member, as well as the acceptance of any bribe.

Assaulting or interfering with any officer of the House in the performance of his duty.

Suborning or tampering with any witness in regard to evidence to be given by him before the House or any Committee.

Presenting to the House or any Committee any forged or falsified document with intent to deceive the House or Committee.

Forging, falsifying or unlawfully altering any of the records of the House.

1 See ante, p. 67.

2 O. R. S. 1887, c. 11, s. 52.

Persons guilty of infringing any of the privileges of the House are liable to be imprisoned for such time during the session then being held as the Assembly may determine.

8. RESIGNATION OF MEMBERS.

A member may resign his seat in either of the following

ways:

1. By giving notice to that effect in his place in any province except Nova Scotia, New Brunswick and Prince Edward's Island.

2. By giving written notice to the Speaker. If there be no Speaker, in Prince Edward's Island the notice must be given to the Lieutenant-Governor: in the other provinces to any two members. In Ontario and British Columbia the notice must be under seal, and in all the provinces except Nova Scotia, New Brunswick, and Prince Edward's Island, the signature must be attested by two witnesses. In the last-mentioned province it must be certified by a notary public.

A member may resign after a general election, and before taking his seat, but such resignation is not to affect his right to contest the election.

A resignation may be either during the session or during the recess.

The Speaker may resign by giving notice from his place in the Assembly, or if the House be not in session by giving notice to any two members'.

1 O. R. S. 1887, c. 11, s. 25. Q. 49 & 50 Vic., c. 97, ss. 23-27. N. S. R. S. 1884, c. 3. N. B. Con. Stat. 1877, c. 4, s. 76. Man. Con. Stat. c. 5, ss. 23-26. B. C. Con. Stat. 1877, c. 42, ss. 48-50. P. E. I. 19 Vic. c. 21, s. 79, 50 Vic. c. 1.

Number.

CHAPTER VI.

PROVINCIAL LEGISLATIVE COUNCILS.

FOUR provinces, viz. Quebec, Nova Scotia, New Brunswick, and Prince Edward's Island, possess Legislative Councils, in addition to Legislative Assemblies. The original constitution of Manitoba made provision for a Legislative Council of 7 members appointed for life by the Lieutenant-Governor1, but in 1876 the Council was abolished and the Legislature now consists of a Lieutenant-Governor and an Assembly2.

Legislation in the North-West Territories is effected by a Council partly nominated and partly elected; and the Lieutenant-Governor of Manitoba may have the assistance of a Council in carrying on the government of the district of Keewatin.

Number. The number of Councillors in each province is as follows:

Quebec, 24.

Nova Scotia, 15.

New Brunswick, 18.

Prince Edward's Island, 13.

North-West Territories, 20.

As regards British Columbia not more than 6 can be appointed by the Governor-General; and when a district not

1 33 Vic. c. 3.

2 Man. 39 Vic. c. 28.

exceeding 1000 square miles contains a population of not less than 1000 inhabitants of adult age it may return one member to the Council.

tions.

Qualifications. In Nova Scotia the Lieutenant-Governor Qualificais no way restricted by statute in the choice of Councillors, but in the other provinces there are certain statutory qualifications. These may be classified under the following heads, (1) citizenship, (2) age, (3) property, (4) residence, and (5) oath of allegiance.

ship.

1. Citizenship. All the provinces agree in requiring 1. Citizena Legislative Councillor to be a British subject by birth or by naturalization.

2. Age. In Quebec and Prince Edward's Island he 2. Age. must be 30 years of age. In New Brunswick and the North-West Territories it is sufficient if he be of full age.

3. Property. A property qualification is required in 3. Property. Quebec and New Brunswick. In Quebec such qualification is the same as for senators, i.e. a councillor must be legally or equitably seised of freeholds of the value of $4000 over and above all rents, charges or incumbrances payable out of the same, and his real and personal property together must be worth $4000, over and above his debts and liabilities. If he is not resident in the division for which elected, his real property qualification must be in such division.

In New Brunswick a Councillor must be seised of freehold estate in the province of the value of $2400 over and above all incumbrances.

In Prince Edward's Island and Manitoba no property qualification is necessary.

dence.

4. Residence. In Quebec, New Brunswick and the 4. ResiNorth-West Territories residence in the province is required, and in New Brunswick there must be residence for 5 years prior to the issue of the writ of election.

5. Oath. 5. Oath. The Councillor must in every case take the oath of allegiance1.

Disqualifications.

How ap-
pointed.
Quebec,
New
Bruns-

wick.

Prince
Edward's
Island.

North-
West

Terri

tories.

A member of the Legislative Council becomes disqualified from sitting:—

1. On becoming a member of the Senate or of the House of Commons of Canada.

2. By absence from the Legislature for two consecutive sessions or in Prince Edward's Island for one session. 3. By becoming a subject of a foreign power.

4. By becoming bankrupt or insolvent.

5. By being attainted of treason or of any crime.

6. By ceasing to be duly qualified in respect of property or of residence2.

In Prince Edward's Island, where the Councillors are elected, the same persons who are disqualified from being candidates for the Assembly are also disqualified from being elected to the Council".

How appointed. In Quebec, New Brunswick and Nova Scotia, Councillors are appointed by the Lieutenant-Governor in the Queen's name under the great seal, and in Quebec one Councillor has to be chosen from each district represented by a Senator in the Dominion Parliament.

The

In Prince Edward's Island Councillors are elected. province is divided into seven electoral districts, six of these return two members each, and one district (Charlottetown) returns one member. The voters are the same as for the Provincial Assembly.

In the North-West Territories the Governor-General by

1 See B. N. A. Act. 1867, ss. 73, 23. N. B. Con. Stat. 1877, c. 4, ss. 4, 11. P. E. I. Rev. Stat. 25 Vic. c. 18, ss. 11, 12, 25 and R. S. C. c. 50, ss. 20, 21.

2 B. N. A. Act. 1867, s. 74. N. B. Con. Stat. 1877, c. 4, ss. 3-6. P. E. I. 25 Vic. c. 18, s. 11-16. 3 See ante p. 61.

B. N. A. Act. 1867, ss. 22, 72. Q. 49 & 50 Vic. c. 97, s. 4. N. S. R. S. 1884, c. 3, s. 1. N. B. Con. Stat. 1877, c. 4, s. 2.

P. E. I. 25 Vic. c. 18, ss. 3-6.