Payson v. Hubert

Payson v. Hubert

The Court held that public access to the Assembly and its precincts is a revocable privilege; the Speaker and House officers have authority to remove persons who, even during adjournments, disturb order or obstruct members within the precincts (including staircases, corridors and smoking room); the defendant acted on a bona fide order and the jury ought to have been properly instructed, so a new trial was required.

Citation
(1904) 34 SCR 400
Parties
Appellant (defendant Below): W. W. Payson; Respondent (plaintiff Below): Annabella Hubert
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 February 1904
Procedural Posture
Civil Appeal (assault/tort Arising From Legislative Privilege) / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal allowed; new trial ordered; costs awarded to appellant in this Court and in the Court below; costs of the first trial to abide the event.
Legal Topics
Powers of the Speaker, Precincts of the House of Assembly, Removal/expulsion From Legislative Premises, Authority of House Officers During Adjournment, License/privilege of Public Access to Legislature
Source Language
English
Constitutional Law Parliamentary Privilege Tort (assault and Battery) Powers of the Speaker Precincts of the House of Assembly Removal/expulsion From Legislative Premises Authority of House Officers During Adjournment License/privilege of Public Access to Legislature

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Parties

W. W. Payson

Appellant (defendant Below)

Annabella Hubert

Respondent (plaintiff Below)

Procedural Posture

Civil Appeal (assault/tort Arising From Legislative Privilege) / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether public access to legislative chambers and precincts is a revocable privilege or an absolute right
  2. 2 Whether the Speaker and officers can lawfully remove persons from precincts during adjournments as well as during sittings
  3. 3 Whether the staircase, corridor and smoking room formed part of the precincts of the House

Ratio Decidendi

The Court held that public access to the Assembly and its precincts is a revocable privilege; the Speaker and House officers have authority to remove persons who, even during adjournments, disturb order or obstruct members within the precincts (including staircases, corridors and smoking room); the defendant acted on a bona fide order and the jury ought to have been properly instructed, so a new trial was required.

Court Disposition

Appeal allowed; new trial ordered; costs awarded to appellant in this Court and in the Court below; costs of the first trial to abide the event.

Orders

  • Appeal allowed
  • New trial granted