The Manitoba School Question; Considered Historically, Legally and Controversially

The Manitoba School Question; Considered Historically, Legally and Controversially

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...for the mere reason that in the opinion of the Dominion Parliament some other and different policy than that which the Province has thought fit to adopt would be a better policy, and referred to the action that had been taken in the New Brunswick case, when disallowance of an Educational Act had been refused, and the action of the Government was sustained in the House of Commons by a large majority. Mr. Blake further stated that his resolution was mainly due to the anticipated difficulties in connection with the Manitoba Acts, and that he would recommend a reference to a high judicial tribunal in all cases of educational appeal, as they were cases that necessarily evolved the strongest feelings. Sir John Macdonald acquiesed in the view taken by Mr. Blake and accepted the amendment, pointing out, however, that appropriate legislation could not be introduced at the time. He promised a measure for the following session, and, in the meantime, as there was no provision under which a satisfactory reference could be made, the Federal authorities defrayed the expenses of the Barrett case in order that at least the validity of the Acts might be tested. This action has been condemned in certain quarters, very wrongly, we think, as the Government were but following the precedent set in the New Brunswick school case, where a sum of $5,000 was voted to test the constitutionality of an Act respecting education. It is contended that in the New Brunswick case the money was first voted by Parliament, while in the later appeal the Government acted without consulting the House; but this argument will not hold for a moment, because Parliament, by adopting Mr. Blake's resolution, had expressly ordered the Ministry to secure a judicial decision, and this was the only...
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Product details

  • Paperback | 42 pages
  • 189 x 246 x 2mm | 95g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236619676
  • 9781236619679