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CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
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microfiches.

Canadian Institute for Historical Microreproductions

Institut Canadian de microreproductions historiques

1980

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I
1

I
I
I
I
I
I

A Brief History from Official Sources of the Legisla-
tion respecting Separate Schools since the year
1863 in the United Province of Canada, and in the
Dominion since Confederation.

See page IJt, giving dbsiract of debates in both Houses, in year 1875, ivhen a
Constitution was granted to the North-west Territories.

From Assembly Journals, Pages 96 to 130 — 6th March, 1863 —

AS Follows: —

The Order of the Day for the second reading of the Bill to amend an Act
respecting Separate Schools in Upper Canada, in so far as the same relates
to Roman Catholic Schools, being read;

Mr. Scott moved, seconded by Mr. McCann, and the Question being
proposed, that the Bill be now read a second time;

Mr, Bnrwell moved, in amendment to the Question, seconded by Mr.
Mackenzie, that the word 'now' be left out and the words 'this day six
mouths ' added at the end thereof.

And the Question being put on the amendment, the House divided: and
the name^ being called for, they were taken down, as follow : —

Yeas :

, ■■ ' ' ,

Messieurs

Bell (North Lanark)

, Dunsford,

McKellar,

Biggar,

Ferguson,

Morrii,

Burwell,

Haultain,

Mowat,

Cameron, Matthew Hooper,

Munro,

Cockbum,

Jones,

Notman,

Dickson,

Mackenzie,

Pope,

Nays:
Messieurs

Alleyn,

Clarke,

Laframboise,

Anderson,

Cowan,

Lanpevin,

Archambault,

Crawford,

Macdonald, J. A.,

Ault,

Daly,

Macdonald,

Baby,

Dawson,

J. S. A. G.,

Beaubien,

Desaulniera,

Macdonald,

Beaudreau,

Dorion, J. B. E

., Donald A.,

Bell (Ruaaell),

Dostaler,

McCann,

Benjamin,

Dufresne, Alex.

McDougall,

Benoit,

Dufresne, Joseph, McQee,

Blanchet,

Dunkin,

MoLachlin,

5869—1

ma.

Scatcherd,
Scoble,
Smith, and
Stirton.— 22.

Robinson,
Robitaille,
Rose,
Ross, J. J.

(Champlain),
Ross, J. S. (Dundaa),
Rykert,
Scott,
Sherwood,
Sicotte, A. G.,
Simard, j

Bouraflsa,

Bown,

Brousset'u,

Buchauaii,

Cameron, John H.

Carling,

Caron,

Cartier,

Cauchon,

Chnpais,

Evanturel,

Foley,

For tier,

Fournier,

Gaudet,

Harcourt,

Hebort,

Huot,

Kierzkow8ki,

Labreche,

Mong^nais,

Morin,

Morrison,

O'Halloran,

Patrick,

Poupore,

Powell,

Price,

Rnnkin,

Kcmillard,

Simpeon,

Sonierville,

Street,

Sylvain,

Tnschereau,

Tassfi,

Wallbridge,

Walsh, and

Wilson.— 80.

So it passea in the negative.

Then, the maJn Question being put, the House divided; and the naujos
\)eing called for, w>^re taken down, as follow: —

Yeas :

Messieurs

Alleyn,

Anderson,

Archambault,

Ault,

Baby,

Beaubien,

Bell (Russell),

Benjamin,

Benoit, ,

Blunchet,

Bourassa,

Bown,

Brousseau,

Buchanan,

Cameron, John H,.

Carling,

Caron,

Cartier,

Cauchon,

Chapais,

Chrke,

Co\/an,

Crawford,

Daly,

Dawaon,

Dcrion, J. B. E.,

Do.'stuler,

Dufrcsne, Alex.,

Dufresne, Jos.,

Dunkin,

Evanturel,

Foley,

Fortier,

Fournitr,

Gaudet,

Harcourt,

Hebert,

Huot,

Kierzkowski,

Labreche-Viger,

Laframboise,

Laiigevin,

Macdonald, John

Mncdouald, J.S.A

AlcCann,

McDougall,

McGee,

McLachlin,

Mongenais,

Morin,

Morrison,

O'Halloran,

Patrick,

Poupore,

Powell,

Price,

Rankin,

Remillard,

Robinson,

Robitaille,

Rose,
A., Ross, J. J.
Ci., (Champlain),

Ross, J. S. (Dundas),

Seott,

Sherwood,

Sicotte, Atty. Gen.,

Simard,

Simpson,

Sonierville,

Street,

Sylvain,

Ta&chereau,

Tasse,

Wallbridge,

Walsh, and

Wilson— 80.

Nays;

Messieurs

Bell (No. Lanark),

Dunsford,

McKellar,

Scatcherd,

Biggar,

Ferguson,

Morris,

Scoble,

Burwell,

Haultain,

Mowat,

Smith, and

Cameron, M. C,

Hooper,

Munro,

Slirton— 22

Cockbum,

Jones,

Notman,

Dickson,

Mackenzie,

Pope,

So it was resolved in the Affirmative.

The Bill was accordingly read a second time, and referred to a Select
Committee composed of Mr. Scott, the Honourable Mr. Attorney' -General J.

A
E
B
I]
I!
B
C
C
D

A
A

S. Macdonakl, the Honourable John A. Macuonaki, Mr. Clarke and Mr.
McCann, lo report thereon with all convenient speed ; with power to send for
persons, papers and records.

It will be observed tlmt an Upper Canada majority voted for the second read-
ing of the Bill — twenty of these may be classed as C^onservativea and sixteen as
Liberals. Nearly all the meml)er9 of the Liberal administration -supported the
Bill, including the premier, the Honourable J. S. Maedonald. The Bill was also
supported by the leader of the Opposition, the late Sir John A. Mncdonnld, and
the Ieadin(;c members of the Conservative party, including the Ilonourablo John
Hilyard Cameron, Mr. Benjamin, then (Jlrand Master of the Orange Order, and
Mr. Anderson, Grand Treasurer of the Order.

12th Maecii, 18G3.

The Order of the Day for the third reading of the Bill to amend ' An
Act re(specting Separate Schools ' in Upper Canada, in so far as the same
relates to Roman Catholic Schools, being read :

Mr. Scott moved, seconded by Mr. McCann, and the question being pro-
posed, that the Bill be now read the third time;

Mr. D. A. Maedonald moved, in amendment, seconded by Mr. Biggar,
that all the words after ' now ' to the end of the question be left out, and
the words ' recommitted to a Committee of the Whole House for the purpose
of adding the following words at the end of the second section : — " Provided
always, that no such Separate Schools shall be established in any Township,
unless the Roman Cntbolic residents therein constitute the ' minority ' of the
inhabitants of such School Section," inserted instead thereof.'

And the Question being put on the amendment, the House divided: and
the names being called for, they were taken down, as follow: —

Yeas :

ect
J.

Messieurs

Ault,

Dunsford,

^fcKellar,

Scoble,

Bell (North Lanark)

, Ferguson,

Morris,

Simpson,

Bell (Russell),

llarcourt,

Mowat,

Smith,

Biggar,

Ilaultain,

Munro,

Somerville,

Bown,

Hooper,

Not man,

Stirton,

Burwell,

Jackson,

Pope,

Street,

Cockburn,

Jones,

Ross, J. S.

(Dundas) White, and

Cowan,

Maedonald, Donald A. Rymal,

Wright.— 36.

Dunkin,

Mackenzie,

Scateherd,

. -, ;•

■

Nays:
Messieurs

Abbott,

Daly,

Huot,

Powell,

Alleyn,

Daoust,

Jobin,

Prevost,

5869— li

Anderson,

Dawson,

Joly,

Price,

Archanibault,

Denis,

Kierzkowski

llemillard,

Baby,

Dt'Havdniers,

Labri'chc-Viger,

Kobitaille,

Bcaubien,

Durion, A. A.,

La framboise

Ruse.

Beaudreau,

Dorion, J. B. E.,

Langevin,

]{o8a, J. J.

Benoit,

Doataler,

Macdonald,

John A.

, (Champlain),

Blanthet,

Drumraond,

Macdonald,

J.S.A.G

. Hyerson,

Bourafisa,

Dufresne, Alex.,

McCann,

Rykert,

Brou9?eau,

Dufresne, Jos.,

McDougall,

Scott,

Buchanan,

Evanturel,

Mc(k't'.

Sherwood,

Cftineron, John H.,

Foley.

MoLnchlin,

Sicotte, Atty. G

Cnrling,

Fortier,

Mongenais,

Himard,

Cnron,

Foiirnicr,

Morin,

Sylvain,

Cartier,

Oagnon,

^forrison.

Tnss^,

Cnuchon,

ridudct.

Mcrton,

Trtt.

Chapais,

ITebert,

O'lTnlloran,

Walsh, and

Clarke,

■Rowland,

Pat'-ick,

Wright.— 78.

Crawford,

Huntinpton,

Poiipore,

So it passed in the Negative.

And the Question being again proposed, that the Bill be now read the
third time;

The Honourable Mr. Cameron moved, in amendment to the Question,
seconded by Mr. Anderson, That all the words after * now ' to the end of the
Question, be left out, and the words * recommitted to a Committee of the
Whole House for the purpose of amending the thirteenth clause, by leaving
out the words " to grant certificates of qualification " in the third and fourth
lines, and insert the word *' appoint," and to add the word " only " at the
end of the said clause,' inserted instead thereof.

And a Debate arising thereupon,

The Honourable Mr. Sherwood moved, seconded by Mr. Dunkin, and the
Question being put. That this House do now adjourn, the House divided: —
Yeas, 35. Nays, 48.

So it passed in the Negative.

And the Question being again proposed on the amendment, and a further
Debate arising thereupon ;

Ordered, That the Debate be adjourned until to-morrow, and that it be
then the first Order of the Day.

The House resumed the adjourned Debate upon the amendment which
was yesterday proposed to be made to the Question, That the Bill (to amend
An Act respecting Separate Schools in Upper Canada, in so far as the same
relates to Koman Catholic Schools) be now read the third time; and which
amendment was. That all the words after * now ' to the end of the Question
be left out, and the words ' recommitted to a Committee of the Whole House
for the purpose of amending the thirteenth clause by leaving out the words
" to grant certificates of qualification " in the third and fourth lines, and
insert the word " appoint," and to add the word " only " at the end of the
said claiise,' inserted instead thereof.

And the Question being put on the amendment, tin House divided
tlie names being called for, they were taken down, as follow : —

Yeas:

and

the

Messieurs

Anderson,

Dickfon,

McDougall,

Scntchord,

Ault,

Dunkin,

McKollar,

Scoble,

Bell (North Lanark) Dunsford,

Morris,

Simpson,

15iKgar,

FerKUBon,

Morrison,

Smith,

J3o\vn,

I iarcourt,

Mowat,

Somerville,

lUirwell,

Tlaultain,

Munro,

Stirton,

Cameron, J. H.,

Uooper,

Notnian,

Street,

(/urling,

Ilowland,

Pope,

Walsh,

(\K.'kburn,

Jackson,

Powell.

White,

Cownn,

Jones,

Ross. J. S. (Dundas;

), Wilson and

Crawford,

Kniffht,

Eykert,

Wrig«ht.— 47.

Daly,

Mackenzie,

Rymal,
Nats:
Messieurs

Abbott,

Dawson,

Huntington,

O'Halloran,

Alley n,

DeCazes,

liuot;

Patrick,

Archambault,

Denis,

Joly,

Poupore,

Baby,

Desaulniers,

Kierzkowski,

Prevoat,

Beaubien,

Dorion, A. A.,

Labreche-Viger,

Price,

Beaudrcau,

Dorion, J. B. E

., l.aframboise,

Remillard,

Bell (Russell),

Dostaler,

Langevin,

Rose,

Benoit,

Di'ummond,

"Macdonald, J. A.,

Ryerson,

Blanchet,

Dufresne, Alex.

Macdonald.J.S.A.G.

, Scott,

Bourassa,

Dufresne, Jos.,

Macdonald, D. A.,

Sherwood,

Brousseau,

Kvanturel,

McCann,

Sicotte (Atty. Gen.),

Caron,

Foley,

McGee,

Simard,

Cortier,

Fortier,

McLachlin,

Starnes,

Cauchon,

Foamier,

Mongenais,

Sylvain,

Chnpais,

Gagnon,

Morin,

Taschereau and

Clarke,

(laudet.

Morton,

Tasse.— 66.

Daoust,

Ifebert,

So it passed in the Negative.

And the Question being again proposed, That tl, "11 be now read the
third time ;

The Honourable Mr. Cameron moved, in amendment, seconded by Mr.
Anderson, That all the words after * now ' to the end of the Question be left
out, and the words * recommitted to a Committee of the Whole House, for
the purpose of adding the following words : — *' It shall be the duty of the
Council of Public Instruction for Upper Canada, from time to time, to name
such persons as they may think fit in the respective cities and counties in
Upper Canada, to grant certificates of qualification to teachers of Separate
Schools ; and no one shall be employed as a teacher of a Separate School unless
and until he has obtained such certificate," * inserted instead thereof.

Mr. Scott moved, in amendment to the proi)o.sed aniendiiient, seconded
by Mr. Pouporo, That the words, * It shall bo the duty of the Council of
Public Instruction for Upper Canada, from time to time, to name sndi persons
as they may think fit, in the respective cities and counties in I'piHir (Canada,
to grant certificates of qualification to teachers of Separate Schools; and no
one shall be employed as a teacher of a Separate School imioss and until ho
has obtained such certificate,' be left out, and the words, * The tciichers of
Separate Schools under this Act shall be subject to the same exaniinatioTi, and
receive their certificates of qxialification in the same nuinm^r as Common School
teachers generally; provided that persona qualified by law as teachers, either
in Upper or Lower Canada, shall be considered qualified teachers for the
purposes of this Act,' inserted instead thereof.

And the Question being put <»n the amendment to the said proposed
amendment, the House divided: and it was resolved in the Affirnuitive.

And the Question being put on the amendment to the original Question,
as amended, it was resolved in the Afiirmative.

Then the nuiin Question, so amended, being put;

Ordered, That the Bill be now recommitted to a Committee of the Whole
Plouse for the purpose of adding the following words : — ' The teachers of
Separate Schools under this Act shall be subject to the same examination, and
receive their certificates of qualification in the same manner as Common School,
teachers generally; provided that persons qualified by law a* teachers, either
in Upper or Lower Canada, shall be considered qualified teachers for the pur-
poses of this Act'

The House accordingly resolved itself into the said Committee, and after
some time spent therein, Mr. Speaker resumed the Chair; and the Honourable
Mr. Alleyn reported, that the Committee had gone through the Bill and nuide
an amendment thereto.

Ordered, That the Report be now received.

The Honourable Mr. Alleyn reported the Bill accordingly, and the amend-
ment was read and agreed to.

And the Question being again proposed, That the Bill be now read the
third time ;

The Honourable Air. Cameron moved, in amendment, seconded by Mr.
Anderson, That all the words after ' now ' to the end of the Question be left
out, and the words ' recommitted to a Committee of the Whole House for the
purpose of leaving out, in clause 20, from the word " authorities," and insert-
ing " Provided always, that the amount of the legislative grant to any
Separate School in any one year shall not exceed the aggregate amount con-
tributed by rates, fees, or otherwise, by the supporters of such Separate School
in said year," ' inserted instead thereof.

And the Question being put on the amendment, the House divided : and
the names being called for, they were taken down, as follow : —

■

Aiiiler«on,

Ault,

BiKgar,

liown,

Uurwell,

Cameron, J. H.,

Curling,

Dickaon,

Diinkin,

Abbott,

Alleyn,

Archnmbault,

13aby,

Boniibien,

Beaudreau,

Benoit,

Blanchet,

Bourassa,

Brouasoau,

Oaron,

Cartier,

Chapaifi,

Clarke,

Crawford,

DaouBt,

IJawson,

I'lTguson,

iliircourt,

Iliiultain,

Jlooper,

Jai-kaon,

Morris,

Morriaori,

Mowal,

Mtinro,

Ykas:
Messieurs

Notman,

Powell,

Ko8g, J. S.

Scatohord,

Scobk",

Hliorwood,

Simpson,

Smith,

Somerville,

I 7

Stirton,
(Jockburn,
(Dundas) Cowan,

Maokonzie,
Mi-K.'llar,
Itykert,
Kymal,
White, and

Wright.— 36.

Nays:
Messieurs

DeCazes,

Denis,

Dfeaulniers,

Dorion, J. B. E.,

Dostaler,

Drummond,

Dufreene, Alex.,

Dufresne, Jos.,

Kvanturel,

Foley,

Fortier,

Fournier,

(ingnoD,

Gaudet,

Ilebert,

Rowland,

Huntington,

Muot,

Jobin,

.loly,

Kierzkowaki,

Knight,

Labreche-Viger,

Laframboiae,

Langevin,

|LeBoutillier,

Macdonald, J. A.,

Mac(l<)iuil(I..I.S.A.(J.

Macdonald, D. A.,

McCann,

McDougall,

McQee,

MoLachlin,

Mongenaia,

Morin,

Morton,

O'Halloran,

Poupore,

I'lfVOSt,

Hc'millanl,

Kobitaille,

Byerson,

Scott,

Simard,

Sylvain,

'J'nschereau,

Tnsse, and

Wilson.— 68.

So it passed in tho Negative.

the

Mr.
left
the
seri-
ally
cun-
'hool

and

And the Question being again proposed, That the Bill be now read the
ihird time;

Mr. I'erguson moved, in amendment, seconded by Mr. VViiite, Tliat at',
the words after ' now ' to the end of the Question bo left out, and the worda
* recommitted to a Committee of tlie Whole House for the purpose of inserting,
after the word " Townshij)," in the last lino of the twentieth section, the
following: — '' And that to entitle any Separate School to a share of such funds,
it shall be I'equisite and sufficient that such school has been under tiie nuinage-
ment of Separate School trustees appointed in the manner provided by this
Act; that it has been in actual operation during at least three months in each
school half-year, or six months during the whole year, and that it has been
attended by an average attendance of at least fifteen children of school age,
periods of epidemic or contagious diseases excepted," inserted instead threof.'

And the Question being put on the amendment, the House divided
Jt passed in the Negative.

and

And llio main QueHtion hoin^ put, the IIouso divided
being cnliod for, they wore taken down, as follow: —

Yka8 :

and the nanioa

MossiourB

Abbott,

Clarke,

ilobert,

Poupore,

Alleyn,

Crawford,

11 not.

I'revost,

Anderson,

Daoust,

•lobin,

Hetnillard,

Arubanilinult,

DawBon,

Joly,

Kobitaille,

Uaby,

DrCazes,

Kierzkowski,

Host',

Ticiiubien,

Denis,

Knight,

Ryert i,

Bonudreau,

DrHnuliiiers, Lahrcchi'-Viger,

Ilykert,

Bell (IluHsell),

Dorion, A

A., i.afrainboise,

Scott,

Boiijmnin,

Dorion, J.

B. K., Langevin,

Sherwood,

Benoit,

J)ostnler,

Mandonald, J. A.,

Sicott«\ (Att'y Oon

.).

Blancliet,

Dufresne,

Alex., Mn.-.lonald.,].S.A.O.

, Simard,

BourasRa,

Dufresne,

Jo9., McCann,

Simpson,

Brousseau,

Dunkin,

McDougall,

Somerville,

Buchanan,

Evanturel,

McOee,

Starnes,

Carling,

Foley,

■McLachlin,

Sylvain,

Caron,

Fortior,

Mongenaifl,

Taschereau,

Oartier,

Fournler,

Morton,

Tas86,

Cauchon,

Gagnon,

O'lTalloran,

Walsh and

Ohapnis,

Oaudet,

Patrick,
Nays :
Messieurs

Wilson— 76.

Ault,

Dickson,

McKellar,

liymal,

Biggar,

Ferguson,

Morris,

Scatcherd,

Bown,

Harcourt,

Morrison,

Scoble,

Burwell,

Haultain,

Mowat,

Smith,

Cameron, J. H.,

Hooper,

Munro,

Stirton,

Oockburn,

Jackson,

Notman,

White and

Cowan,

Jones,

Powell,

Wright— 31.

Daly,

Mackenzie

, Ross, J.S., (Dundas)

So it was resolved in the AtHrraative.

The Bill was accordingly read the third time.

Mr. Scott moved, seconded by Mr. McCann, and the Question being put,
That the Bill do pass, and the Title be * An Act to restore to Roman Catholics,
in Upper Canada, certain rights in respect to Separate Schools.'

The House divided : and the names being called for, they were taken
down, as follow : —

Yeas :
Messieurs

Abbott,
Alleyn,

Crawford,
Dawson,

Huot,
Jobin,

Poupore,
Prevost,

AiKlcraoii,

Aroliuiiihaiilt,

i:al..v,

Kcaiibicn,

BwuidrpBii,

Hell (KlIHHfll),

Bi'iijiiiniii.

Bftioit,

Blanchet,

iiouras-^a,

BioiHseaii,

Buchanai),

Carlinpr,

( 'aron,

('artier.

Cauchon,

Clarke,

Ault,

Bipgar,

Bown,

Burwoll,

Cameron, John H.,

Cockhurn,

Cowan,

Daly,

IXtnia,

DcsHiilnlcrs,

I)<»ri(it\, A. A.,

Dorion, J. B. E.,

DnMtHlor,

DiifnsiH', Alex.,

DufrcHno, .Ioh.,

Duiikin.

Kvanturel,

Foley,

Fortiflr,

FttumU'r,

Gagnon,

Oaufiet,

Hel)ort,

Howland,

Huntington,

Dickson,

FcrguBon,

ITaroourt,

Ilanltain,

TToopnr,

Jackson,

Jones,

Miu'kenrie,

J"Iy.

KitTEkow^ki,

KiiiKhi,

I^al»n'ch('-Vi>(fr.

Laf'riunhoims,

LanM:<>vin,

MHcdonalil, J. A.,

MHi(l.>nal(i,J.S.A.n

MoCann,

McDongall,

Mode*',

MoLnohlin,

Morin,

Morton .

O'llnllornn.

Patrick,

Nays:
Messieurs

MoEcllai.

Morris.

Morrison,

Mowat,

Munro,

Notman,

rowcll.

So it was resolved iij the Affirmative.

Ili'millard,

liol.ituilK'.

Koae,

U.vkert.

Kyinal,

H(!(ttt.

BIhtwooiI,
, Sicotte (Atty. Ocn.),
Siiniird,
Sinipeon,
Foniorviili',
Stamcs,
Tnaohercan,
Tassfi,
Walsh and
Wilson— 74.

Rom, J. S. (Dundas),

Scatcherd,

Scoble,

Smith,

Stirton,

While and

Wright.— 80.

Ordered, That the Clerk do carry the Bill to the Legislative Council and
desire their concurrence.

,, Extract prom Confkdkratiox Debates.

By reference to the Confederation Debate:? in the Canadian Assenil)ly on the
3rd of February 1865, it will be noted that Sir Etienne Tache moved the following
resolution : —

' Timt an humble Address be presented to ITer Majesty, praying that she
may be graciously pleased to cause a measure to be subinitted to the Lnperial
Parliament for the purpose of uniting the Colonies of Canada, Xova Scotia,
l^ew Brunswick, Newfoundland and Prince Edward Island in one Govern-
ment, with provisions based on the following Eesolutions, which were adopted
at a Conference of Delegates from the said Colonies, held at the City of Quebec,
on the 10th October, 1864.'

Paragraph 43 reads as follows: —

' The Local Legislatures shall have power to make laws respecting the
following subjects: — -

* Item 6. Education ; saving the rights and privileges which the Pro-
testant or Catholic minority in both Canadas may possess as to their denomina-
tional schools at the time when the union goes into operation.'

When that item came up for discussion the Honourable J. S. Macdonald
moved the following amendment to it: —

That the following words be added to the original motion: — And that it
be an instruction to the said Connnittee to consider whether any constitutional
restriction which shall exclude from the Local Legislature of Upper Canada
the entire control and direction of education, subject only to the approval or
disapproval of the General Parliament, is not calculated to create widespread
dissatisfaction, and tend to foster and create jealousy and strife between the
various religious bodies in that section of the province.

The amendment was negatived on the following division : — ■*

Yeas :

Messieurs

Biggar,

Macdonald

Rymal,

Wallbridge

Burwell,

(Toronto West),

Scatcherd, and

(X.Hastings).— J

Macdonald

Ross

(Cornwall),

(Prince Edward).

Xays :

Messieurs

Abbott,

De Niverville,

Jones (South Leeds)

, Poulin,

AUeyn,

Dixon,

Knight,

Poupore,

Archarabault,

Dorion

Labreche-Viger,

Powell,

Ault,

(Drum'd & A'bskn),Laframboi8e,

Raymond,

Beaubien,

Dorion (Hochelaga), Lajoie,

Remillard,

Bellerose,

Duckett,

Langevin,

Robitaille,

Blanchet,

^ufresne

LeBoutillier,

Rose,

Bourassa,

(Iberville),

Macdonald,

Ross (Champlain),

Bowman,

^ Lif resne

(Attorney General

. Ross (Dundas),

Bown,

(Montcalm),

^lackenzie

Scoble,

Brousseau,

>unsford.

(Lambton),

Shanly,

Brown,

vanturel,

Mackenzie

Smith

Cameron

erguson

(North Oxford),

(East Durham),

(North Ontario),

(Frontenac),

Magill,

Smith

Carling,

Fortier,

McConkey,

(Toronto East),

Caron,

Gait,

McDougall,

Somerville,

Cartier, Atty. Gen.,

Gaucher,

McGee,

Stirton,

Cartwriglit,

Gaudet,

McGivern,

Sylvain,

Cauchon,

Geoffrion,

Mclntyre,

Thompson,

Chapais,

Gibbs,

McKellar,

Tremblay,

Cockburn,

Harwood,

Morris,

Walsh,

Cornellier,

Haultain,

Morrison,

Webb,

Coupal,

Higginson,

Paquet,

Wells,

Cowan,

Holton,

Parker,

White,

Currier,

Houde,

Perrault,

Wilson, and

DeBoucherville,

Rowland,

Pinsonneault,

Wood.— 95.

Denis,

le Pro-
loniina-

icdonald

that it
utional
O'anada
oval or
jspread
sen the

fs).— 8.

lain),
),

Extract iROii British Xorth America Act, 1867.

Education.

93. In and for each Province the Legishitnre may exclusively make Laws
in relation to Education, subject and according to the following Provisions: —

(1.) Nothing in any such Law 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 by Law con-
ferred and imposed in Upper Canada on the Separate Schools
and School Trustees of the Queen's Koman Catholic subjects
shall be and the same are hereby extended to the Dissentient
Schools of the Queen's Protestant and Eoman Catholic Subjects
in Quebec:

(3.) Where in any Province a System of Separate or Dissentient School^
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 the Provisions 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 Parlia-
ment of Canada may make remedial Laws for the due Execu-
tion of the Provisions of this Section and of any Decision of
the Governor General in Council under this Section.

am),
ast),

Extract from Manitoba Act.

The educational clause in the Imperial Act granting a constitution to the
Province of Manitoba, reads as follows : —

In and for the Province the said Legislature may exclusively make Laws
in relation to Education, subject and according to the following Provisions: —

(1.) N^othing in any such Law shall prejudicially affect any Right or
Privilege with respect to Denominational Schools which any
Class of Persons have by Law or Practice in the Province at
the Union.

(2.) An Appeal shall lie to the Governor General in Council from any
Act or Decision of the Legislature of the Province, or of any

Provincial Authority, aflfecting any Right or Privilege of the
Protestant or Roman Catholic Minority of the Queen's Subjects
in relation to Educiition.

(3.) In case any such Provincial Law as from Time to Time seems to
the Governor General in Council requisite for the due Execution
of the Provisions of this Section is not made, or in case any
Decision of the Governor (Jeneral in Council on any Ap})eal
under this Section is not duly executed by the proper Provincial
Authority in that Behalf, then and in every such (\ase, and as
far only as the Circumstances of each (^asc may require, the
Parliament of Canada may make remedial Laws for the due
ICxecution of the Provisions of this Section and of any Decision
of the Governor General in Council under this Section.

Extract from Commons Hansard, 1870.

The following is the debate and the division on the motion for its adoption
"in the Parliament of Canada : —

Mr. Olivkr moved that the Educational Clause be struck out.

Hon. Mr. Chauveau hoped the amendment would not be carried. It
was desirable to protect the minority in Manitoba from the great evil of
religious dissensions on education. There could be no better model to follow
in that case than the Union Act, which gave full protection to minorities. It
was impossible to say who would form a majority there, Protestants or Catho-
lics. If the population were to come fi'om over the seas, then the Protestants
would be in a majority. If, as had been asserted, Manitoba was to be a French
preserve, then the Catholics would be a majority. He did not care which,
because he desired only to see the new province freed from discussions which
had done so much injury in the old provinces of Canada. They presented a
problem to the whole world, and the question was, could two Christian bodies,
almost equally balanced, be held together under the British Constitution. He
believed that problem could we worked out successfully.

lion. Mr. McDouGALL, M.C., said the effect of the clause, if not struck
out, would be to fix laws which the Local Legislature could not alter in future,
and that it would ba better to leave the matter to local authorities to decide, as
in the other provinces. He quite agreed with his hon. friend in giving the
same powers to this province as the others, and it was for that reason that he
desired to strike out the clause.

Hon. Sir George E. Cartier referred to the manner in which the Red
River country had been settled, and grants of land which had been made to the
clergy for the purposes of education.

Mr. Mackenzie was prepared to leave the matter to be settled exclusively
by the Local Legislature. The British North America Act gave all the pro-
tection necessary for minorities; and local authorities understood their own
local wants better than the General Legislature. It was his earnest desire to

avoid introduciTjg into the new province those detrimental discussions which
had operated so unhai)pily on their own country, and therefore hoped the
amendment would be carried.

After a long discussion, a division was taken on the amendment:
34. Nays, 81.

Yeas:

-Yeas,

Ault,

Bodwell,

Bolton,

Bowell,

Bowman,

Brown,

Connell,

Dobbie,

Drew,

Ferguson,

Messieurs

Jones Morrison

(Leeds & Grenville) (Victoria, O.),
Kirkpatrick, Oliver,

^lacdonald Redford,

(Glengarry), Ross (Dundas),

Mackenzie, Ross (Prince Edward] Wells,

McConkey, Ross White,

McDougall (Lanark). (Victoria, N.S.), Wright, (York,
Metcalfe, Ross Ont, W.R.), and

Mills, (Wellington (5.R.), Young.— 34.

Nays :

Rymal,

Snider,

Stirton,

Thompson (Ontario),

Wallace,

Messieurs

Archambeault,

Coupal,

Huot,

Morison

Archibald,

Crawford

Hurdon,

(Niagara),

Beaubien,

(Brockville),

Keeler,

O'Connor,

Bechard,

Daoust,

Lacerte,

Peltier,

Bellerose,

Dorion,

Langevin,

Perry,

Benoit;

Dufresne,

Langlois,

Pinsonneault,

Blanchet,

Duncan,

Lawson,

Pope,

Bourassa,

Fortier,

Le Vesconte,

Pouliot,

Brown,

Fortin,

McDonald

Pozer,

Brousaeau,

Gaucher,

(Lunenburg)

Kay,

Burtin,

Gaudet,

McDonald

Renaud,

Cameron (Peel),

GeofFrion,

(Middlesex),

Robitaille,

Campbell,

Gendron,

Masson

Ryan (King's, N.B.),

Carling,

Gibbs,

(Soulanges),

Savary,

Caron,

Godin,

Masson

Scatcherd,

Cartier

Grant,

(Terrebonne),

Scriver,.

(Sir George E.),

Gray,

McDougall

Shanly,

Casault,

Grover,

(Three Rivers),

Stephenson,

Cayley, ,

Heath,

McGreevy,

TiUey,

Chauveau,

Ilincks

McKeagney,

Tremblay,

Cheval,

(Sir Francis]

, Merritt,

Walsh, and

dmon.

Holmes,

Morris,

Wilson.— 81.

Costigan,

Holton,

(

. ■ ',■■■»..

A Brief Sketch from ^ Hansard ' showing the Beaaons
why Separate Schools were est atjlisJied when grant-
ing a Constitution to the Mortti-west Territories,

On the 12th March, 1875, the Hon. Mr. Mackenzie, then Premier, when intro-
ducing the Act to amend and consolidate the laws respecting the Territories, ia
reported in the Commons Hansard, page 653, as follows ; —

As he intimated on a furnier occasion, llic (joveninient decided some tinu!
ago to establish an entirely independent CJoveviiment in those Territories. To
a certain e\tent it would have been advisable, before such un Act was passed,
if it could be done, to have the boundary of JMaiiitobu rcctitied, but that was a
matter which it was ditlieult to deal with at IIk; present iiioiiK'iit.

In the Bill, as first introduced, no reference was made to the subject of educa-
tion, and this omission was made the subject of comment at a later stage of the
de,bate.

The following extracts from the speech of the Hon. Edward Blake, then an
independent Liberal, gives his views on the Bill submitted ; —

The task which the Ministry hud set for itself was the most important it
was possible to conceive. !|?o found primary institutions under which we hope
to see hundreds of thousands, and the more sanguine of us tliink, millions of
men and families settled and nourishing, was one of the noblest undertakings
that could be entered upon by any legislative body, and it was no small indica-
tion of the power and true position of this Dominiiu that Parliament should
be engaged to-day in that important task. He agreed with tlie hon. member for
Kingston (Sir John A. Macdonald) that the task was one that required time,
consideration and deliberation, and they must take care that no false steps were
made in such a work. He did not agree with that right hon. gentleman that
the Government ought to repeal his errors. The right hon. gentleman had tried
the institutions for the j^orth-west Territories which he now asked the House
to frame, and for tlie same reason as lie had given to-day — that it would be
better for the Dominion Government to keep matters in their own hands and
decide what was best for the future. He (Mr. Blake) believed that it was
essential to our obtaining a large immigration to the jS^orth-west that we should
tell the people beforehand what (hone vkjIiIs were to he in the country in ivhich
we invited them to settle.

He regarded it as essential, under the circumstances of the country, and
in view of the deliberation during the last few clays, that a general principle
should be laid down in the Bill with respect, to public instruction. He did
believe that Ave ought not to introduce into that territory the heartburnings
and difficulties with which certain other portions of the Dominion and other
countries had been afflicted. Jt seemed to him, having regard to the fact that,
as far as we could expect at present, the general character of that population

5869—1 14

would be somev'hnt annlogons to the ])opulation of Ontario, that there should
be some provision in the constitution by which thoy should have conferred
upon them (he same rights end privileges in ref)ard to religious instruction as
those possessed by the people of the province of Ontario. The principles of
local self-government and the settling of the question of public instruction
seemed to him ought to be the cardinal principles of the measure.

When answering Mr. Blake, the Premier is reported as follows : —

As to the subject of public instruction, it did not in the first place attract
his attention, but when he cainc to the subject of local taxation, he was
reminded of it. Not having had time before to insert a clause on the subject, he
proposed to do so when the JJill was in Committee. The clause j)rovided that
the Lieutenant-Governor, by and with the consent of his Council or Assembly,
as the case might be, should pass all necessary Ordinances in respect of educa-
tion, but it would be specially provided that the majority of the ratepayers might
establish such schools and impose such necessary assessment as they might
think fit; and that the minority of the ratepayers, whether Protestant or
Roman Catholic, might establish separate schools; and such ratepayers would
be liable ordy to such educational assessments as they might impose upon
themselves. This, he hoped, would meet the objection offered by the hon.
meuibor for South Bruce.

Mr. D. A. Smith, then member for Selkirk (the present Lord Strathcona),
touched upon the subject in the following words : —

The point brought up by the hon. member for South Bruce (Mr. Blake)
was an important one, and he was glad to find that the First Minister intended
to introduce a provision in Committee dealing with the subject.

•■' The following extract is given as showing the opinion of the late Hon. David

Mills, who has always been regarded as a high authority on const utional subjedts :

There was another matter it seemed to him ought not to be disregarded;
and that was the terms and conditions imder which these people would ulti-
mately be formed into a j^rovince. It would be better that the people who settle
thai territory should know beforehand the terms and conditions under which
they would become an organized part of the Dominion. He saw no objection,
when the population became sufficiently large, to allowing that territory to be
represented in the Dominion Parliament before it was organized into a
province.

» The educational clause, as introduced in committee, section 11, reads as

; follows : —

Whe7i, and so soon as any system of taxation shall he adopted in any dis-
trict or portion of the North-west Territories, the Lieutenant-Governor, by and
with the consent of the Council or Assembly, as the case may be, shall pass all
necessary Ordinances in respect to education; hut it shall therein be always
provided, that a majority of the ratepayers of any district or portion of the
North-west Territories, or any lesser portion or sub-division thereof, by what-
ever name the same may be hnown, may establish such schools therein as they
may think fit, and make the necessary assessment and collection of rates
therefor ; and further, that the minority of the ratepayers therein, whether
Protestant or Roman Catholic, may establish Separate Schools therein, and
that, in such latter case, the ratepayers establishing such Protestant or Roman

and

Catholic Separate Schools nhall be liahle, only in asftessmeulft of mich rairs as
they may impose upon themselves in respect thereof.

The Bill pafisal throuKh its several stages in the House of Commonit without
any opposition ; not a single observation is to be found in the debute intimating
that any one member dissented to the aducationnl clause.

Iti the Senate, on the motion for thu third reading by Mr. Scott, Mr. Aikins
said : —

He was opposed to a provision in this Bill. In the 11th clause provision
was made for the maintenance of certain .scliools for Protostants and Roman
Catholics separately. He thought it was un.vise to introduce anything of tliis
nature into the Bill. He, therefore, moved, seconded by the Hon. Mr. Flint,
to strike out all the words after * therefor ' in the li-'th line.

The following extracts from the debate prove conclusively that it was recog-
nized by both opponents and supporters of separate schools that the Bill was
adopting a constitutional principle which could not afterwards bo changed.

Mr. Brown said : The safe way for us was to let e:;cli province suit
itself in such matters. This country was tilled by })eople of all classes and
creeds, and there would be no end of confusion if each class had to have its
own peculiar school system. It had been said this clause was put in for the
protection of the Protestants against the (Catholics, the latter being the most
numerous. But he, speaking for the Protestants, was in a iwsition to say that
we did not want that protection.

Mr. Scott, in reply, among other observations, said :

Any gentleman would have to admit that it was the greatest pos-
sible relief to the people of Ontario that this question was settled
for them, and was not, as in some of the other provinces, a source
of constant discord. He was one of those who maintained that parents had a
right to educate their children as they pleased, and that they ought not to be
taxed to maintain schools to which they could not conscientiously send their
children. Our whole system of Government was based upon that sound prin-
ciple, and how long could we have happiness and peace in this country if we
were to abolish that safeguard, which was now recognized in both the large
provinces? Would not every gentleman in this Chamber gladly see the New
Brunswick trouble removed? Now was the proper time to establish in the
new territory a principle that ought years ago have been established in this
Dominion. He hoped hon. gentlemen would not take advantage of their
majority to force upon the House a principle to Avhich many were conscien-
tiously opposed.

Hon. Mr. Miller said : —

Parliament had an undoubted right, under these circumstances, to make
such provisions regarding the question of education, or any other question, for
this new territory, as in its wisdom it thought best for the future peace and
well-being of the country. The difficulties they had already encountered in
the old provinces in regard to education should be a Avarning to them to prevent
similar troubles arising in the provinces they hoped to see spring up in the
North-west. This policy had been applied to Manitoba, and who can deny
that that course bad been wise, and would save that province from all the
discord and bitter agitation through which the older provinces were either

passing or lisul iilnixlv piishcd. 1 1 wjis niifortniint(> tliat tlic Act, of llnioii liiid
not settled tiie ediieiil imiiil ri-flil id" ill! the old pi'uviii<H!s on a just, and lil)erjil
hasis, as luid Iteeii done in Ontario and (jiiobee.

# # * ' # ' '# ♦" #

lie llionglil lliey slmnld take a lesson lioni their |)a>l e\p('ri«'nee, and
deal willi llie subject in a lair and liheial si)irit. All the iSill asked was that
all parties in that, new eoMiitrv .slinidd have such sehoids as they ehose to estab-
lish at their own expense, and that niinnrilies woidd at all times be safe against
tlie tyranny or intnleranee of nnijoritie^. That wonld not be interferinj; with
the just rights of any bo(|y or elmi; biil. ^n the enntrary, it wonld be ginir-
anteeing tb(! rights (d' all classes. // iroiihl siinpli/ he [irovidbuj, while they
had the poircr to do so, for freedom of eoiiseicnce vj'dh ref/drd. lo the vexed
qiieslion of edne(dion. It slionld be burne in mind llnit tlie body to wbicb bo
belonged felt deeply in this (piestion. and w<uild never (piietly submit to injus-
tice or oppression in reference to it. That body coni])rised forty-live or forty-
seven ])er ctiiit of the whole population of this Dominion, and allbougb tbey
did not possess a fair i'e|iresentatioii in the Senate in pro))ortion to population,
they were still strong enough here and els(>wbore to resist injustice and vindi-
cate their conscientious views with icgnrd lo this or any oilier question.

Hon. Mr. Lctojlier dc St. Tiist said : —

The (Jovermnent knew that gnat dillieulties bad already arisen in the
existing provinces with regard to the sdnxd (|iiesti<in, and it was to prevent
these ditfioulties in the new |)ro\ ince thai this clause had becni introduced. He
thought we (tnght to try as niiicli ;is possible to legislate for the peace and
harmony of all classes, whenever we bad the power to do so. TFe would not
say any more, but only express the hope that this House would not accept the
amendment of bis lion, friend.

Hon. Mr. Ryan : — *

Argued children should be taught religion, while acquiring secular
knowledge; if not so instructed mi week days, it would be difficult to inculcate
religion at all. The tendency of the aiiioiidment was to ignore religious educa-
tion altogether. The clause (d' the Hill did not necessarily involve Sepai'ate
Schools, but merely gave the minority, and the majority as well, the right to
choose their own schools. It was tli(^ duly of this House to see to the pi'otection
of the minorities.

Hon. Sir Alexander 'Campbell, leader of the opposition, said : —
It wonld he much lo he regretted if llie amendment passed. The ohject
of the Bill was to estahlish and perpelaate in the North-west Territories the
same system as prevailed in Ontario and Quebec, and which had worked so
well in the interest of peace and harmony ivlth the different populations of
those provinces. He thought the fairer course, and the better one, for all
races and creeds, was to adopt the suggestion of the Government and enable
people to establish Separate Schools in that territory, and thus prevent the
introduction of evils from which Ontario and Quebec had suffered, but had
judiciously rid themselves.

Hon. Mr. Penny said, though he was not an admirer o£ the separate school
system, it had been found necessary, in the interest of peace, to adopt it for Quebec

nnd Oiiturio, nnd, as n Himilnr nffitation for it would nnturnlly arise in thn North-
west in tile courao of time, we might as well settle the mnttir at onre by allowing
*the creation of .teparale schools.'

Hon. Mr. Urown snid lu> oonrurrrd with what liad fallen from his hon. friendfl
on the treasury l)enches, and from hon. ffniitlemen who hud spoken on the amend-
nu«it, with respect to the propriety of allowing msparat*! sehoolw. But t'lr question
was not whether tliose schools were right or wrong, good or had, hut iw to whether
it was wise for this <!ountry to deal with this (|iiustion. He (init<( admitted the
importance of the issue whi(!h had heen raisod — whether this matter shoidd be
referred to the provinces interested for settlement, or bo brought to the Dominion
legislature!.

Hon. Mr. Brown later spoke as follows : —

The momenl this Act passed, and the North-west became part of the Union,
Ihcy came under the Union Act, and under the provisions vilU refjard to
Separate Schools.

Tlie vote \va.s taken on Mr. Aikens' luiiendnient. Contents, 22; Non-
contents, 24. Anicndnient lost.

It does not appear that there was any adverse criticism in the press, thougli
the clauses in the Bill were referred to in th© leading newspapers of the period,
and as far as can be ascertained the Act was accepted at the time in the Territo-
ries without dissent.

Under the Territorial legislation, the rights of the minority have in the
past been recognized. It wonld he a breach of faith and a violation of the
British Xorth AnuM-iea Act to disturb now the rights and ])rivileges granted
by the Parliament of (^inada thirty years ago, and enjoyed by the ininorities
up to the present time.

All Objccl Ussoii 111 lolcTaiion lor Laiiauiaii Law iMaiaTs

Extract from Imperial Parliamentary Blue Book being a Return presented to both Houses of
Parliament showing expenditure from the grant for public education in Scotland in the year 1903
page 6.

PART 1.
Table 1.

(B) Classified according to Denomination of Recipients.

' Compared with year c'liUoU

For year ended ^, ^^^^ ,y„^

,^i Dec, Kjo^^

Increase

DecreaMC

On Public Schools

'• Church of Scotland Schools
" United Free Church Schools
'* Undenominational Schools .
'* Episcopal Schools

Roman Catholic Schools

Adnunistration (as in table A.)..

ji: s. d.

722,540 8 II

27,26.^ 15 10

■J5.5'J5 7 a

23,4H(> 1 1 9

<5.44<^ 5 4

7".75« '1 3

5*J''44 ''

jC s. d ^' s. d.
50,608 8 h

From 1839 to
31 Dec, 1903.

365 >^J 4j

2,862 7 6:

2,516 19 9i

.?..H5 10 III

i('3 '4

" ''5''3 '5 ^

Grants to School Boards under Acts 35 and
36 Vic. c. 62, s. 67 and 60 and 61 Vic

c 62, s. I

Special grants to schools in Hij^hlands and
Islands

66, 1 34

970

Fee grants for day scholars... 328,682 14

Aid grants for Voluntary schools under
sec. 2 of Education (Scotland) Act,
1S97 j 12,763 10 o

Grants for Agricultural Education

Grants for Science and Art

i
1

Grants under Code for continuation classes! 112,742 5 5

Grants for Edinburg Museum of Science:

and Art ; 14.599 '4 2

Expenses of Education Board under Act 351

and 36 Vic. c. 62 !

9,236 12 9.

[,280 o o

5,063 I I o

354 »9 3

2,975 I 6;

756 II 9 .

1,480,130 16 lol 79,609 17 51,643 14

£ s. d.

<3.39«."9i 7 "«'

3,803,079 15 2

404,731 8 II

1,217,321 I 4

1,215,232 13 2

448,646 18 o

19,306 19 7

3,678,029 4 o

74,401 18 o

14,000 o o

281,730 19 I

168,585 12 5

38,080 2 8

29.31 ' 3 4

24,790,649 36

Has the teaching of religion and morals in the schools of Scotland been more productive of good
01 of evil.

Facts speak more forcibly than words.