Temple v. Bulmer

THE CHIEF JUSTICE.-We are satisfied that the Court of Appeal was right in its view that the issue of a mandamus in this case "would constitute an intrusion upon the * * * privileges of the Legislative Assembly."

We cannot agree with the contention, ably supported by the argument of Mr. Brewin, that section 34 of The Legislative Assembly Act confers jurisdiction upon the Courts in relation to Parliamentary elections. Any duty imposed by that section upon the Clerk of the Crown in Chancery is imposed upon him in his character of an officer under the control of the Legislative Assembly and answerable to the Legislative Assembly.

We think it proper to add that we express no opinion upon that part of the judgment of the Court of Appeal which deals with the status of the applicant to invoke the jurisdiction of the Courts if there were such jurisdiction. That is a question which we shall be free to consider whenever it may be necessary to pass upon it.

The appeal is dismissed. There is no order as to costs. Appeal dismissed.