House was not within the legal powers of the Assembly in the absence of express legislation. "The House of Assembly of Nova Scotia has no power to punish for any offence not an immediate obstruction to the due course of its proceedings and the proper exercise of its functions, such power not being an essential attribute, not essentially necessary for the exercise of its functions by a local legislature, and not belonging to it as a necessary or legal incident and that without prescription or statute, local legislatures have not the privileges which belong to the House of Commons of Great Britain by the lex et consuetudo Parliamenti."

It may therefore be taken as established:

(1) That a Provincial Legislature has, apart from provincial legislation, those implied powers and privileges which are absolutely necessary for the discharge of its functions.

(2) That no privileges or powers in the nature of privileges beyond such essentially implied powers can be exercised in the absence of a statute. The validity of a provincial statute defining legislative privileges might be supported on several grounds. First, that the Act was an amendment of the constitution of the provinces under s. 92 (1) of the British North America Act, a view held by Sanborn, J. in Ex parte Dansereau. Secondly, that the powers and privileges in question were corollaries of the other powers conferred on the provinces, and were essential to the existence of the Legislatures. Thirdly, that in the case of the provinces existing at the time of the Union the local Legislatures enjoyed such powers and privileges, and that the Union Act cannot be said to have interfered with them.

Acts defining the privileges of the local Legislature have been passed by Ontario', Quebec, Manitoba', British

1 O. R. S., c. 11, ss. 37-55.

2 49 & 50 Vic. c. 97, s. 46-56. 3 Con. Stat. 1880, c. 5, ss. 36-41.

Columbia', and Nova Scotia. No Act on the subject, except one relating to the attendance of witnesses, has been passed in New Brunswick.

Freedom of speech. The privilege of freedom of speech Freedom is defined in the Quebec Act as follows

"No legislative councillor or member of the Legislative Assembly shall be liable to any action, arrest, or imprisonment, or damages, by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise before the House or by reason of anything said by him before such House."

The Ontario Act contains a similar provision; whilst the British Columbia Act simply states that "no action at law or other proceeding shall be brought against any member of the Assembly for any words spoken by him in the Assembly."

of speech.

from

Freedom from arrest. Freedom from arrest is restricted Freedom as in England to the members personally in civil matters. The arrest. duration of the privilege varies in the different provinces. In Ontario and Quebec it begins 20 days before the session opens and continues until 20 days after the session ends. In British Columbia the corresponding number of days is 40. In Manitoba the privilege is restricted to the session. The privilege does not extend to offences specified in the Acts and committed by members, as for example taking bribes or disobeying the order of the House.

Juries.

Exemption from serving on juries. During the same Service on period that a member is exempt from arrest, all members, officers in the service of the legislature and all witnesses summoned to attend, are exempt from serving on juries in the province. The Quebec Act also exempts them from attending as witnesses. British Columbia exempts them only from serving as jurors.

1 40 Vic. c. 42, ss. 72-78.

2 N. S. R. S. 1884, c. 3, ss. 20-40.

3 N. B. 33 Vic. c. 33.

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 proceedings2.

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-Governor', but in 1876 the Council was abolished and the Legislature now consists of a Lieutenant-Governor and an Assembly.

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.