Douglas Benjamin Woodworth
Encyclopedia
Douglas Benjamin Woodworth (June 1, 1841 – January 2, 1900) was a lawyer and member of the Woodworth political family
from Nova Scotia
, Canada. He represented Kings
in the Canadian House of Commons
from 1882 to 1887 as a Liberal-Conservative member.
, the son of Benjamin Baxter Woodworth and Eunice L. Pineo. Woodworth was educated at the Sackville Academy, at Truro, and at Harvard University
. In 1865, he married Elizabeth, the daughter of Ezra Churchill
. In the same year, he was called to the Nova Scotia bar.
from 1871 to 1878 as a Conservative, considered the de facto leader of his party. Woodworth ran unsuccessfully for a federal seat in 1878, but was elected in 1882. In 1884, he was named Queen's Counsel
. The Toronto Mail and Montreal Gazette considered him the parliamentarian and speaker of the parliament, and he was considered the best debater.
He was unsuccessful when he ran for reelection in 1887.
.
The case arose in 1874 when Woodworth charged the provincial secretary of the Nova Scotia House of Assembly
with falsifying a record. The charge was investigated and deemed unfounded. Subsequently, the assembly charged Woodworth with breach of privilege by making accusations without sufficient evidence to support it. They ordered Woodworth to make a dictated apology and he refused. The assembly then passed a resolution charging Woodworth with contempt and ordered him to withdraw until the apology was made. Woodworth refused to apology or withdraw, which then the assembly passed a resolution ordering the sergeant-at-arms to physically remove Woodworth for obstruction.
Woodworth then filed a complaint charging the speaker and other members with assault, where he won a $500 verdict. Following an appeal where the verdict was upheld by the Supreme Court of Nova Scotia in favor of Woodworth, the Supreme Court of Canada
ruled that absent an actual obstruction of business by Woodworth, the legislature had no authority to remove him and they were liable. The decision incorporated English law into the decision, which defined in Canada that a member of a legislature does not violate privilege by making a charge the assembly chose to investigate. On the issue of privilege statutes passed by the provincinal legislatures, the court ruled it was not ultra vires for them to pass statutes defining their privileges, and recognized their discretion in passing such laws.
Woodworth political family
The Woodworth political family is a collection of American and Canadian politicians who descend directly from colonial settler Walter Woodworth. They rose to prominence in the 19th century, serving in several states, in the United States House of Representatives, the Canadian House of Commons, and...
from Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
, Canada. He represented Kings
Kings (electoral district)
Kings was a federal electoral district in Nova Scotia, Canada, that was represented in the Canadian House of Commons from 1867 to 1925.It was created in the British North America Act of 1867. The riding was abolished in 1924 when it was merged into Hants—Kings riding...
in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
from 1882 to 1887 as a Liberal-Conservative member.
Life
He was born in Canning, Nova ScotiaCanning, Nova Scotia
Canning, Nova Scotia is a village in northeastern Kings County located at the crossroads of Route 221 and Route 358.-History:The area was originally settled by Acadians who were expelled in 1755 during the Acadian Expulsion...
, the son of Benjamin Baxter Woodworth and Eunice L. Pineo. Woodworth was educated at the Sackville Academy, at Truro, and at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
. In 1865, he married Elizabeth, the daughter of Ezra Churchill
Ezra Churchill
Ezra Churchill was a merchant, shipbuilder and a Canadian Senator for the province of Nova Scotia.He was born in Yarmouth, Nova Scotia, the son of Ezra Churchill and Elizabeth Trefry. In 1824, he married Ann Davidson. Churchill married Rachel Burgess after the death of his first wife...
. In the same year, he was called to the Nova Scotia bar.
Public service
He represented King's County in the Nova Scotia House of AssemblyNova Scotia House of Assembly
The Nova Scotia Legislature, consisting of Her Majesty The Queen represented by the Lieutenant Governor and the House of Assembly, is the legislative branch of the provincial government of Nova Scotia, Canada...
from 1871 to 1878 as a Conservative, considered the de facto leader of his party. Woodworth ran unsuccessfully for a federal seat in 1878, but was elected in 1882. In 1884, he was named Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. The Toronto Mail and Montreal Gazette considered him the parliamentarian and speaker of the parliament, and he was considered the best debater.
He was unsuccessful when he ran for reelection in 1887.
Landers v. Woodworth
Woodworth sparked the landmark Canadian Supreme Court decision in Landers v. Woodworth (1878), 2 S.C.R. 158, which justified the provincial legislatures passing statutes outlining the privileges of their members. This had a dramatic impact on the early governance of Canada, which continues into the modern era. The provincial legislatures previously had attempted to legislate their privileges, which were repeatedly rendered by the privy council as ultra viresUltra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
.
The case arose in 1874 when Woodworth charged the provincial secretary of the Nova Scotia House of Assembly
Nova Scotia House of Assembly
The Nova Scotia Legislature, consisting of Her Majesty The Queen represented by the Lieutenant Governor and the House of Assembly, is the legislative branch of the provincial government of Nova Scotia, Canada...
with falsifying a record. The charge was investigated and deemed unfounded. Subsequently, the assembly charged Woodworth with breach of privilege by making accusations without sufficient evidence to support it. They ordered Woodworth to make a dictated apology and he refused. The assembly then passed a resolution charging Woodworth with contempt and ordered him to withdraw until the apology was made. Woodworth refused to apology or withdraw, which then the assembly passed a resolution ordering the sergeant-at-arms to physically remove Woodworth for obstruction.
Woodworth then filed a complaint charging the speaker and other members with assault, where he won a $500 verdict. Following an appeal where the verdict was upheld by the Supreme Court of Nova Scotia in favor of Woodworth, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
ruled that absent an actual obstruction of business by Woodworth, the legislature had no authority to remove him and they were liable. The decision incorporated English law into the decision, which defined in Canada that a member of a legislature does not violate privilege by making a charge the assembly chose to investigate. On the issue of privilege statutes passed by the provincinal legislatures, the court ruled it was not ultra vires for them to pass statutes defining their privileges, and recognized their discretion in passing such laws.