Manitoba Schools Question
Encyclopedia
Separate school
In Canada, separate school refers to a particular type of school that has constitutional status in three provinces and statutory status in three territories...
s for Roman Catholics and Protestants. The crisis eventually spread to the national level, becoming one of the key issues in the federal election of 1896
Canadian federal election, 1896
The Canadian federal election of 1896 was held on June 23, 1896 to elect members of the Canadian House of Commons of the 8th Parliament of Canada. Though the Conservative Party won a plurality of the popular vote, the Liberal Party, led by Wilfrid Laurier, won the majority of seats to form the...
and resulted in the defeat of the Conservative government, which had been in power for most of the previous thirty years. Because of the close linkage at that time between religion and language, the Schools Question raised the deeper question whether French would survive as a language or a culture in Western Canada.
The end result of the crisis was that by the end of the 19th century, French was no longer supported as an official language in Manitoba or the neighbouring North-West Territories, which in turn led to a strengthening of French Canadian nationalism in Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
.
Foundation of Manitoba (1870)
Manitoba became the first western province to join ConfederationCanadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
in 1870. The province was created through negotiations between Canada and the provisional Red River government of Louis Riel
Louis Riel
Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....
, following the Red River Resistance. One of the key issues in the negotiations was the question of control of education in the new province. There was considerable pressure for a system of denominational schools in the new province, for both Protestants and Roman Catholics. Although framed as a religious issue, there was also a question of language politics involved, since at that time, most Protestants in Manitoba were anglophones and most Roman Catholics were francophones. Religious control over education thus also related to the language of education.
The Act of Parliament which created the province, the Manitoba Act
Manitoba Act
The Manitoba Act, originally titled An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba, is an act of the Parliament of Canada that is defined by the Constitution Act, 1982 as forming a part of the...
, responded to these concerns by giving the province the power to pass laws relating to education, but also by giving constitutional protection to denominational school rights which existed "...by Law or practice in the Province at the Union." The exact meaning of this provision, and the scope of the constitutional protection it provided, subsequently became a matter of considerable political and legal debate.
Political and demographic developments (1870–1890)
Soon before the Manitoba Act was passed to create the province, settlers from English Canada, mainly OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, began to arrive in greater numbers than they had come prior to the Red River Rebellion
Red River Rebellion
The Red River Rebellion or Red River Resistance was the sequence of events related to the 1869 establishment of a provisional government by the Métis leader Louis Riel and his followers at the Red River Settlement, in what is now the Canadian province of Manitoba.The Rebellion was the first crisis...
(which was, in part, a reaction against them.)
The Manitoba Act had given equal rights to Protestant schools, and Roman Catholic schools, but by the 1880s this no longer reflected the linguistic makeup of the province. Many Métis
Métis people (Canada)
The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...
had left, and settlers from Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
were not as numerous as those from Ontario. As the Canadian Pacific Railway
Canadian Pacific Railway
The Canadian Pacific Railway , formerly also known as CP Rail between 1968 and 1996, is a historic Canadian Class I railway founded in 1881 and now operated by Canadian Pacific Railway Limited, which began operations as legal owner in a corporate restructuring in 2001...
was completed in the 1870s and 1880s, many more English speaking settlers had begun to arrive.
One of the most vocal opponents of separate French and English schools was D'Alton McCarthy
Dalton McCarthy
Dalton McCarthy , or D'Alton McCarthy, was a Canadian lawyer and parliamentarian. It was his firm, Boulton & McCarthy in Barrie, that was the first incarnation of what is now Canada's largest law firm, McCarthy Tétrault.McCarthy was first elected to the Canadian House of Commons in the 1878...
, who formed the Equal Rights Association in 1889. By "equal rights", McCarthy meant fairer representation in the province, instead of privileges for the diminishing French population.. McCarthy was supported by Joseph Martin
Joseph Martin (Canadian politician)
Joseph Martin was a lawyer and politician in Manitoba, British Columbia and the United Kingdom often referred to as "Fighting Joe".-Early life:...
, Attorney General of Manitoba.
The Manitoba Public Schools Act, 1890
Following the establishment of the Province, the new provincial government established a system of denominational schools funded by provincial taxes. However, in 1890, the Manitoba government of Premier Thomas GreenwayThomas Greenway
For the American character actor , see Tom Greenway.Thomas Greenway was a politician, merchant and farmer. He served as the seventh Premier of Manitoba, Canada, from 1888 to 1900...
passed the Public Schools Act, removing funding for Catholic and Protestant denominational schools and establishing a system of tax-supported, non-sectarian public schools.
The question was whether this legislation was consistent with s. 22(1) of the Manitoba Act. Two rounds of litigation were the result, in each case going to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, at that time the highest court in the British Empire. The legislation also triggered considerable national political debate.
Abolition of French as an Official Language
The Manitoba Act, 1870 had also provided that both English and French would have official language status in the Province of Manitoba. However, in 1890, at the same time as the enactment of the Public Schools Act, the Manitoba Legislature passed another Act which made English the only official language in the Province. Although this Act did not directly relate to the education issue, it provided further controversy on the language issue.Two years later, in 1892, the neighbouring Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
also abolished French as an official language.
Although the abolition of French as an official language did not directly affect the Schools Question, it strengthened the controversy, given the ties between religious schools and the language of education.
First Court Case: Constitutionality of the 1890 Act (Winnipeg v. Barrett, 1892)
The first court case focussed on whether the Public Schools Act conflicted with the constitutional protection for denominational schools set out in s. 22 of the Manitoba Act, 1870. Catholics in Manitoba, encouraged by Prime Minister John A. MacdonaldJohn A. Macdonald
Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...
, challenged the constitutionality of the 1890 Act in the Queen's Bench of Manitoba, arguing that the requirement to pay taxes to the new public school interfered with their rights under s. 22.
The Manitoba Queen's Bench held that the new Public Schools Act was valid. The challengers then appealed to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, which allowed the appeal and held that the 1890 Act conflicted with s. 22 of the Manitoba Act. Based on the Supreme Court decision, another action was brought in the Manitoba Queen's Bench, which followed the Supreme Court decision and quashed a school tax assessment under the 1890 Act. The City of Winnipeg then appealed both cases to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
which overruled the Supreme Court and held that the 1890 Act was consistent with the Manitoba Act.
The exact point in dispute was the meaning of the phrase "...by Law or practice in the Province at the Union," used in s. 22(1) of the Manitoba Act. The Judicial Committee held that this provision did not itself create a system of denominational schools. Rather, it gave constitutional protection to whatever rights existed with respect to denominational schools in Manitoba in 1870. The Judicial Committee reviewed the historical record and concluded that in 1870, all schools in Manitoba were funded by the religious groups which ran them, and not by any system of public taxation. As a result, the Judicial Committee concluded that s. 22(1) simply guaranteed the right of religious groups to establish and run their own schools, at their own expense. It did not guarantee any public funding for denominational schools, since there was no financial tax support for denominational schools in 1870. Taxpayer funding for denominational schools was only established after the foundation of the Province and was not guaranteed by s. 22(1) of the Manitoba Act, 1870. The Legislature therefore could end taxpayer funding for denominational schools and instead establish a system of taxpayer funded non-sectarian schools, without being in breach of s. 22(1).
Second Court Case: Remedial Powers of the Federal Government (Brophy v. Manitoba, 1894)
Although education is normally a matter of exclusive provincial jurisdiction under the Constitution of CanadaConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, there is a special power for the federal government in relation to separate schools. Section 93(3) of the Constitution Act, 1867 provides that there is an appeal 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." Section 93(4) provides that if a province does not comply with a decision of the Governor-in-Council in an appeal under s. 93(3), then Parliament has the power to enact "... remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section." Section 22 of the Manitoba Act had similar provisions authorising an appeal to the Governor General in Council and remedial legislation by Parliament.
Following the Privy Council decision in Barrett, pressure arose for the federal government to take action under these provisions. However, it was not clear if the changes to the Manitoba school system set out by the 1890 Act were sufficient to authorise the federal government to hear an appeal and to enact remedial legislation, in light of the Privy Council's conclusion that the system of taxpayer funded denominational schools which were established in the early 1870's was not constitutionally protected.
To resolve this uncertainty, the federal government referred the matter to the Supreme Court of Canada as a reference question
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
, asking if these constitutional provisions applied. The Supreme Court held that those provisions did not apply, since the post-1870 denominational schools were not constitutionally protected. This decision was appealed to the Privy Council, which overturned the Supreme Court. The Privy Council held that when the Province had created a system of taxpayer funded denominational schools in the early 1870's, it had given a "right or privilege" to the Protestants and Roman Catholics in relation to education. Although that "right or privilege" was not constitutionally entrenched by s. 22(1) of the Manitoba Act, the abolition of the denominational schools could be appealed to the federal government under s. 22(2) of the Manitoba Act, and Parliament could enact remedial legislation under s. 22(3).
Political Crisis in the Federal Government (1894 - 1896)
The "Schools Question", as it was known, had divided the ConservativeConservative Party of Canada (historical)
The Conservative Party of Canada has gone by a variety of names over the years since Canadian Confederation. Initially known as the "Liberal-Conservative Party", it dropped "Liberal" from its name in 1873, although many of its candidates continued to use this name.As a result of World War I and the...
government since 1890, and especially after Macdonald's death in 1891 when no strong leader replaced him. However, so long as education remained an exclusively provincial jurisdiction, the federal government had limited powers to intervene. In light of the Privy Council decision in Brophy v. Manitoba, the political situation changed. The federal government now had the authority to act; the question was whether it would.
In 1896, the federal government of Prime Minister Mackenzie Bowell
Mackenzie Bowell
Sir Mackenzie Bowell, PC, KCMG was a Canadian politician who served as the fifth Prime Minister of Canada from December 21, 1894 to April 27, 1896.-Early life:Bowell was born in Rickinghall, Suffolk, England to John Bowell and Elizabeth Marshall...
introduced remedial legislation under s. 22(3) of the Manitoba Act, 1870 in the House of Commons. However, the draft legislation was very unpopular with some members of the Conservative caucus, and its introduction triggered a political crisis. Faced with a caucus revolt, Prime Minister Bowell was forced to call an election and to resign in April of that year. Following the election call, with the remedial bill not passed by Parliament, Charles Tupper
Charles Tupper
Sir Charles Tupper, 1st Baronet, GCMG, CB, PC was a Canadian father of Confederation: as the Premier of Nova Scotia from 1864 to 1867, he led Nova Scotia into Confederation. He later went on to serve as the sixth Prime Minister of Canada, sworn in to office on May 1, 1896, seven days after...
became Prime Minister and led the Conservatives in the election.
The election of 1896
Canadian federal election, 1896
The Canadian federal election of 1896 was held on June 23, 1896 to elect members of the Canadian House of Commons of the 8th Parliament of Canada. Though the Conservative Party won a plurality of the popular vote, the Liberal Party, led by Wilfrid Laurier, won the majority of seats to form the...
was centred on the Schools Question. It especially divided Conservatives in Quebec and Ontario; French catholic Quebecers were offended that French was being eliminated in Manitoba as an official language, just as the French-speaking Métis population had been forced off their lands, while Ontario saw opposition to Catholic support by the strong Orange Order
Orange Institution
The Orange Institution is a Protestant fraternal organisation based mainly in Northern Ireland and Scotland, though it has lodges throughout the Commonwealth and United States. The Institution was founded in 1796 near the village of Loughgall in County Armagh, Ireland...
. The Liberals
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
, under Wilfrid Laurier
Wilfrid Laurier
Sir Wilfrid Laurier, GCMG, PC, KC, baptized Henri-Charles-Wilfrid Laurier was the seventh Prime Minister of Canada from 11 July 1896 to 6 October 1911....
(a French Catholic), took advantage of the division in the Conservative party. Laurier won the election and became Prime Minister.
Laurier's Manitoba Compromise
Laurier developed a compromise with Thomas GreenwayThomas Greenway
For the American character actor , see Tom Greenway.Thomas Greenway was a politician, merchant and farmer. He served as the seventh Premier of Manitoba, Canada, from 1888 to 1900...
, Premier of Manitoba. They agreed that Catholic education would be permitted in public schools, and French would be used in teaching, but only on a school-by-school basis requiring there to be a minimum of 10 French speaking pupils. They also re-established a Catholic school board, but without government funding. Many Catholics were still opposed to this compromise, and even appealed to Pope Leo XIII
Pope Leo XIII
Pope Leo XIII , born Vincenzo Gioacchino Raffaele Luigi Pecci to an Italian comital family, was the 256th Pope of the Roman Catholic Church, reigning from 1878 to 1903...
. The Pope sent an observer, who concluded, like Laurier, that the compromise was the fairest one possible with so few Catholics left in the province.
Consequences of the Controversy
As French was no longer an official language, its use declined greatly. By 1916, the guarantee of French instruction was removed from the compromise, leaving English as the only official language in use in the province.The Schools Question, along with the execution of Louis Riel
Louis Riel
Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....
in 1885, was one of the incidents that led to strengthening of French Canadian nationalism in Quebec in the late 19th century.
Sources
- Russell, Frances. The Canadian Crucible: Manitoba's Role in Canada's Great Divide (2003)
- Clark, Lovell. ed The Manitoba School Question: majority rule or minority rights? (1968) historians debate the issue
- Morton, William Lewis. Manitoba: A History (1970) (ISBN 0-8020-6070-6), a standard scholarly history