The Manitoba school question, which agitated the country from 1890 until
1896, was one of great gravity on account of the issues involved. The
history of the case shows that, prior to the formation of Manitoba in
1870, there was not in the province any public system of education, but
the several religious denominations had established such schools as they
thought fit to maintain by means of funds voluntarily contributed by
members of their own communion. In 1871 the legislature of Manitoba
established an educational system distinctly denominational. In 1890
this law was repealed, and the legislature established a system of
strictly non-sectarian schools. The Roman Catholic minority of the
province was deeply aggrieved at what they considered a violation of the
rights and privileges which they enjoyed under the terms of union
adopted in 1870. The first subsection of the twenty-second section of
the act of 1870 set forth that the legislature of the province could not
pass any law with regard to schools which might "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 time
of union." The dispute was brought before the courts of Canada, and
finally before the judicial committee of the privy council, which
decided that the legislation of 1890 was constitutional inasmuch as the
only right or privilege which the Roman Catholics then possessed "by law
or practice" was the right or privilege of establishing and maintaining
for the use of members of their own church such schools as they pleased.
The Roman Catholic minority then availed themselves of another provision
of the twenty-second section of the Manitoba act, which allows an appeal
to the governor-in-council "from any act or decision of the legislature
of the province or 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."