Catholic Problems in Western CanadaDaly, George Thomas
Religion
Catholic Problems in Western Canada
Daly, George Thomas
Catholic Church -- Canada
The greatest liberty for the individual, combined with the greatest
good of the commonwealth, has always been the ideal aimed at by the
Fathers of a democratic country. To tamper with the Constitution on
vital issues, to conceive it as an experiment, to ignore its
spirit,--that obvious intention of its framers--is always eventually
fatal to the peace and welfare of the nation. No one lays hands with
impunity on that Ark of the Covenant. The essential changes in the
Constitution of a country act as a time-fuse. An explosion necessarily
follows, although it may take years and generations for a faulty
legislation to disclose its real consequences. This is particularly
true in matters of education. Laws of the educational departments may
change to become more efficient in their administration but should
never touch the fundamental rights guaranteed by the Constitution.
In Canada the protection of the minority rights is a principle embodied
in our Constitution, in the Imperial Statute of the British North
America. Act. Even where the letter of the Provincial Law has
established the "public school,"--as is the case in the Maritime
Provinces--the spirit of the law is generally observed, and by a
compromise and tacit agreement the rights of the minority are to a
great extent recognized.
In the West, Manitoba stands out in Canadian History as the battlefield
of educational rights. Although the British North America Act,
1867,--that intangible charter of Canadian liberties--stipulates,
section 93, that in the carving out of new Provinces in the vast
domains of the North West Territories the existing educational rights
guaranteed to the minority should be respected, yet, the Manitoba
Legislative Assembly has broken away from the letter and spirit of the
Constitution and constituted a grievance which demands rectification.
The Federal Parliament partially recognized the principle of Separate
Schools in the formation of the Provinces of Saskatchewan and of
Alberta, by introducing, in section 17 of the Autonomy Bills of 1905,
the section 93 of the B.N.A. Act, and by reasserting the existing
rights granted by the N.W.T. School Ordinances of 1901. We say
"partially," for it is not the right of collecting separate taxes and
teaching Religion during the last half hour of the school-day that
constitutes a really Catholic school.
Public-domain text, read in full here on John Shaqi.
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