Laurier: A Study in Canadian Politics by J. W. (John Wesley) Dafoe
page 15 of 88 (17%)
page 15 of 88 (17%)
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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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