The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
In framing the Constitution for the Canadian Dominions the religious
question chiefly considered related to education; it was deemed necessary
to guard against legislation which might impair existing rights. It was
with an eye to the possibility of injustice being done to the
denominational schools that special provisions were inserted in the North
American Act accordingly (30 & 31 Vic., c. 3, 1867, Section 93):
“In and for each province the Legislative may exclusively make
laws in relation to education, subject and according to the
following provisions:
“(1) Nothing in any such Act shall prejudicially affect any right
or privilege with respect to denominational schools which any
class of persons have by law in the province at the union;
“(2) All the powers, privileges and duties at the union law
conferred and imposed in Upper Canada on the separate schools and
school trustees of the Queen’s Roman Catholic subjects shall be
and the same are hereby extended to the dissentient schools of the
Queen’s Protestant and Roman Catholic subjects in Quebec;
“(3) Where in any province a system of separate or dissentient
schools exists by law at the union, or is thereafter established
by the Legislature of the province, an appeal shall lie to the
Governor-General in Council from any Act or decision of any
provincial authority affecting any right or privilege of the
Protestant or Roman Catholic minority of the Queen’s subjects in
relation to education;
“(4) In case any such provincial law as from time to time seems to
the Governor-General in Council requisite for the due execution of
this section is not made, or in case any decision of the
Governor-General in Council on any appeal under this section is
not duly executed by the proper provincial authority in that
behalf, then and in every such case, and as far only as the
circumstances of each case require, the Parliament of Canada may
make remedial laws for the due execution of the provisions of this
section, and of any decision of the Governor-General in Council
under this section.”(91)
Public-domain text, read in full here on John Shaqi.
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