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Laurier: A Study in Canadian Politics by J. W. (John Wesley) Dafoe
page 15 of 88 (17%)
existing school law, which had been modelled upon the Quebec law and
was intended to perpetuate the double-barrelled system in vogue in
that province. The issue created by the Manitoba legislation
projected itself at once into the federal field to the evident
consternation of the Dominion government. It parried the demand for
disallowance of the provincial statute by an engagement to defray
the cost of litigation challenging the validity of the law. When the
Privy Council, reversing the judgment of the Supreme Court, found
that the law was valid because it did not prejudicially affect
rights held prior to or at the time of union, the government was
faced with a demand that it intervene by virtue of the provisions in
the British North America act, which gave the Dominion parliament
the power to enact remedial educational legislation overriding
provincial enactments in certain circumstances. Again it took refuge
in the courts. The Supreme Court of Canada held that under the
circumstances the power to intervene did not exist; and the
government breathed easier. Again the Privy Council reversed the
judgment of the Supreme Court and held that because the Manitoba law
prejudicially affected educational privileges enjoyed by the
minority after union there was a right of intervention. The last
defence of the Dominion government against being forced to make a
decision was broken down; in the language of to-day, it was up
against it. And the man who might have saved the party by inducing
the bishops of the Catholic church to moderate their demands was
gone, for Sir John Thompson died in Windsor Castle in December,
1894, one month before the Privy Council handed down its fateful
decision. Sir John was a faithful son of the church, with an immense
influence with the clerical authorities; he was succeeded in the
premiership by Sir Mackenzie Bowell, ex-grand master of the Orange
Order. The bishops moved on Ottawa and demanded action.
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