History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-ZLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-Z
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
the Supreme Court of Canada. The decision of that tribunal,
though not unanimous, was in accord with public expectation.
The majority of the judges felt that the previous judgment of
the Privy Council had settled the matter beforehand. The Act
of 1890 had been declared intra vires on the ground that it
had not interfered with the rights which the minority
possessed before the Union, and therefore there could be no
appeal from it. …
"Still the undaunted Archbishop of St. Boniface went on, and
for a last time appealed to that Judicial Committee of the
Privy Council which two years and a half before had so spoiled
and disappointed the Catholic hopes. In January 1894 the final
decision in Brophy's case was read by the Lord Chancellor. For
a second time the Lords of the Council upset the ruling of the
Supreme Court of Canada, and treated their reasoning as
irrelevant. It will be remembered that both the appellant
prelates and the Canadian judges had assumed that the clause
in the Manitoba Act, which conferred the right of appeal to
the Governor-General, was limited to one contingency, and
could be invoked only if the minority were robbed at any time
of the poor and elementary rights which they had enjoyed
before the Act of Union. But was the clause necessarily so
limited? Could it not be used to justify an appeal from
legislation which affected rights acquired after the Union? …
In the words of the judgment: 'The question arose: Did the
sub-section extend to the rights and privileges acquired by
legislation subsequent to the Union? It extended in terms to
"any" right or privilege of the minority affected by any Act
passed by the legislature, and would therefore seem to embrace
all the rights and privileges existing at the time when such
Act was passed. Their lordships saw no justification for
putting a limitation on language thus unlimited. There was
nothing in the surrounding circumstances or in the apparent
intention of the legislature to warrant any such limitation.'
… In other words, the dispute was referred to a new tribunal,
and one which was free to consider and give effect to the true
equities of the case. The Governor-General and his responsible
advisers, after considering all the facts, found in favour of
the Catholic minority, and at once issued a remedial Order to
the Government of Manitoba, which went far beyond anything
suggested in the judgment in Brophy's case. The province was
called upon to repeal the legislation of 1890, so far as it
interfered with the right of the Catholic minority to build
and maintain their own schools, to share proportionately in
any public grant for the purposes of education, and with the
right of such Catholics as contributed to Catholic schools to
be held exempt from all payments towards the support of any
other schools. In a word, the Governor-General and Sir
Public-domain text, read in full here on John Shaqi.
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