Lately there have arisen religious difficulties to which this section has no application. By the Confederation Act (Section 91) the Dominion Parliament has exclusive jurisdiction as to marriage and divorce; jurisdiction which would appear to relate to capacity as to marriage. By Section 92 in each province the legislature may exclusively make laws as to “the solemnisation of marriage in the province,” which would appear to extend to all matters affecting the form and ceremony; a division of powers certain to produce sooner or later conflicts. Recently the _Ne temere_ decree was promulgated in Canada. The effect upon Roman Catholics has been considered in what is known as the Hebert case, the chief facts of which were these: Eugene Hebert and Emma Clouatre, both Roman Catholics, were married by a Protestant clergyman. The marriage was declared null and void by Archbishop Bruchesi. His decision was confirmed by Judge Laurendeau. But on appeal it was reversed by Judge Charbonneau, who held that any officer qualified by the State to marry persons could marry persons of any religious faith; that the _Ne temere_ decree had no legal validity and was binding only upon the consciences of Roman Catholics. To quote a report of Judge Charbonneau’s judgment: “I do not think that the Roman congregation ever intended the _Ne temere_ Decree to have a civil effect. It applies to Roman Catholics only. As for the Archbishop’s nullification, it has the same legal effect, but not more than the decree upon which it is based. It simply declares that no Catholic marriage ceremony was performed.”—(_Globe_, Toronto, February 23rd, 1912.) So far as I know, there has been no appeal to the Judicial Committee, and I take it that Judge Charbonneau’s decision is binding in Canada.(92) In the Constitution of the Australian Dominion is a provision similar to that quoted above from the Constitution of the United States. (Section 116): “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the constitution.” This enactment, so far as I am aware, has not been the subject of interpretation. Religious equality in Australia has virtually no history. IV. SAFEGUARDS FOR IRELAND I come to the position of things in Ireland. It may be well at the outset to make clear two points. The first is the present legal status of the Roman Catholic Church in that country. It is the same as that of any other voluntary association; its position theoretically no better and no worse. It possesses autonomy; it enjoys freedom as to doctrine and worship; its constitution is not interfered with; it regulates clerical education; it nominates its bishops; it administers its property in its own way.