Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
Among the difficult questions, which have agitated the Dominion from
time to time and perplexed both Conservative and Liberal politicians,
are controversies connected with education. By the British North America
act of 1867 the legislature of each province may exclusively make laws
in relation to education, but at the same time protection is afforded
to denominational or dissentient schools by giving authority to the
Dominion government to disallow an act clearly infringing the rights or
privileges of a religious minority, or to obtain remedial legislation
from parliament itself according to the circumstances of the case. From
1871 until 1875 the government of the Dominion was pressed by petitions
from the Roman Catholic inhabitants of New Brunswick to disallow an act
passed by the provincial legislature in relation to common schools on
the ground that it was an infringement of certain rights which they
enjoyed as a religious body at the time of confederation. The question
not only came before the courts of New Brunswick and the Canadian house
of commons, but was also submitted to the judicial committee of the
imperial privy council; but only with the result of showing beyond
question that the objectionable legislation was clearly within the
jurisdiction of the legislature of New Brunswick, and could not be
constitutionally disallowed by the Dominion government on the ground
that it violated any right or privilege enjoyed by the Roman Catholics
at the time of union. A solution of the question was, however,
subsequently reached by an amicable arrangement between the Roman
Catholics and Protestants, which has ever since worked most
satisfactorily in that province.
Public-domain text, read in full here on John Shaqi.
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