Queen's Univers ty Libraries 3 9004 01185412 9 Htbrarg KINGSTON. ONTARIO THE School Question. » » < - SPEECH OF |WR. JAJHES FISJ1EH, |W. P. P., IN THE Manitoba Legislature, 2nd March, 1S93. — — THE SCHOOli QUESTION. Speech of Mr. James Fisher, in the Legislature of Manitoba, on March 2nd, 1893, on moving his Resolution in favor of adopting- the Ontario School System. Mr. Fisher spoke as follows : tial that without it Confederation could never have taken place.' Mr. Speaker: 5. * The same difficulty confronted the In rising to move the resolution on the Parliament of Canada when framing the school question which appears on the or- Constitution of this Province, intensified, der paper, I think it will be convenient however, by the suspicions and jealousies that I should read to the house the reso- aroused at that time among the native lution itself. I desire to move, Sir: population of the settlement; and con- " That in the opinion of this House one formably to the spirit of said clauses in of the chief difficulties in government the Act of Union, as well as with a view- that harassed the statesmen of the old to remove all grounds for such feelings Canadian Provinces, under the Union of on the part of the settlers, the difficulty and for which a remedy was sought was met by the educational clauses of the in the present larger union, arose from Manitoba Act, limiting the power of the the impracticability of adopting laws re- Legislature under certain conditions to garding education for the respective Pro- pass laws respecting education, and pro- vinces, that were acceptable alike to the viding in some cases for an appeal to the Protestant and Roman Catholic popula- Federal power on the part of the minor- tions therein. ity, against provincial laws relating to that " 2* This unhappy'difficulty was due to subject and for remedial legislation by the irreconcilable differences between the the Federal Parliament. opinions of the Protestant population 6. "Subject to these limitations the and the dogmatic teachings of the Roman Legislature of this Province has the ex- Catholic church, on the subject of denom- clusive right to make laws with respect to inational instruction in public schools. education in the Province, and this House 3. " The only solution, and that by no will at all times most zealously defend means universally satisfactory, which the and maintain that right, within the true framers of Confederation arrived at in intent and meaning of the Constitution dealing with this question, was that and to the full extent thereof, against any found in the educational clauses of the encroachment thereupon or interference British North America Act, which practi- therewith by the Federal authorities. cally prohibited Provincial Legislatures " from passing laws prejudicially affecting 7. The Legislature having in 1890 rights with respect to denominational passed the School Law now in force in "schools which the law of the Province the Province, and the Roman Catholic recognized at the Union, and giving to minority having contested in the Courts the Catholic or Protestant minority in the power of the Legislature to pass that any Province wherein such schools should law on the ground that it prejudicially be established after the Union, a right of affected their rights existing at the time appeal to the Federal powers against any of Union, this House declares that the re- law affecting the rights thus established, cent judgment of the Judicial Committee with power to the Dominion Parliament of the Privy Council affirming the com- to pass remedial legislation under that petence of the Legislature to pass that law appeal. is decisive and final, and sets at rest for 4. " The House recognizes that this all time the question of Legislative juris- provision, the application of which was diction in so far as passing such a law is not limited in its terms to any part or concerned. parts of the Dominion, was an essential 8. " Without passing an opinion upon feature of the terms of Union, and that the question, which is one for a judicial it was in fact, as described by Sir Oliver rather than a political body to determine, Mowat, when speaking of it in reference whether there be still any right of appeal to the old Canadian Provinces, 'So essen- to the Federal Jurisdiction open to the A -4 r^H*v, Roman Catholic minority, this House is bring before this House for its adoption conscious that the judgment of the Judi- resolution of the character that I have just cial Committee does not necessarily ex- read, and that I venture to offer my clude such a right, while it is known to reasons for so doing. the House that such an appeal has in fact I did not have the privilege of being been presented and is now under the present to take part in the discussion that consideration of the Federal Executive. took place in this House in 1890, when 9. " The entertaining of such an appeal, the school act of that year was introduced particulary if followed by any attempt on and passed. At the same time, I suppose the part of the Federal Executive or Par- there .was no one then in the liament to revise or modify the provincial House who did not know pretty well law, even although such action may be what my views were upon that question. strictly warranted by the constitution, is Sir, it is not necessary for me here to say calculated, whether reasonably or unrea- that in so sar as the simple question of sonably, to arouse feelings of bitter hos- national public schools—non-sectarian tility against such action in the minds of schools as against separate and sectarian the provincial majority, and it is liable to schools is concerned, no man would go bring about a bitter contest upon a most further than I would to have non-sec- delicate question between the Federaland tarian schools established if there were no Provincial powers. Such a contest, serious objections or just cause which hitherto happily avoided under Confeder- stood in the way. I am old enough to ation, threatens to involve consequences have taken a deep interest in that ques seriously affecting the harmony of the tion when it agitated Upper Canada many Union, and this House sincerely hopes years ago ; I am old enough to remember that such a result may, by wise counsels, the strong, the bitter fight that the Lib • be avoided. eral party made on the question at that 10. " This House protests that it has no time. I formed my opinion then in desire to deprive any class. of the com- favor of national, and against separate munity of any rights secured, or that were schools, and I have never Jiad intended to have been secured, to them occasion to change that opinion. by the Constitution, and it has every dis- And the views I formed at that time, position, as this resolution amply testifies, against separate and in favor of national to do full justice to all classes, without schools, are just as strong to day as they interference at the hands of any other were then. The question as to the pro- authority. priety or the impropriety, the advantage 11. " And having regard to the history or the disadvantage of adopting the one of the whole question, not only in this or the other of the two systems, national Province, but in the older Provinces of or separate schools, I am not called upon the Dominion; having in view also the to night to discuss. I simply mention the undoubted success of the well-tried edu- fact that in forming my own opinion in cational system of the sister Province of years past I preferred national as against Ontario, a system which after a test of separate schools. thirty years is still approved, subject to a We are confronted to-day with another few minor objections by all classes there; issue which compels us to consider the and believing that a like system ought to question from another standpoint. Three satisfy the Roman Catholic minority in years ago we established our present sys- Manitoba without returning to that tem of national schools and the great which was in vogue prior to 1890, this majority affirmed its adherence to that House declares its readiness to make a system. We are threatened now with settlement of the whole matter by adopt- proceedings in the nature of an appeal to ing an educational system based on that the federal powers which may lead to re of Ontario, modified however as far as medial legislation by the Dominion par- need be, to meet the circumstances of this liament, and which may also lead to the Province, and stripped of any minor fea- serious consequences that I have indicated tures that may in a liberal view of it be in the resolution which I have just read, deemed objectionable by this House." and I am going to trouble the House to I confess, Mr. Speaker., that I never in listen to me while I state my views on this this House or elsewhere, rose to speak most grave and important question, not with a deeper sense of responsibility than so much from a legal aspect as from an I feel at this moment, and it is only from historical point of view. Honorable a clear sense of duty that I decided to members will, I hope, bear with me " — 5 patiently while I go over the facts that 1 there is an appeal against that law, after it intend to recall in laying the matter is passed, to the federal power.