Ontario Reports Volume 31

Ontario Reports Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...faith. The defendants also raised the point that the Courts have no jurisdiction to dispose of matters of this kind, and that under the Separate Schools Act and the Act relating to the Department of Education the Minister of Education is the proper tribunal to deal with and settle disputes of this character. May 8. FALCONBRIDGE, C.J.K.B.: --At the close of the argument I am reported to have said: "I am going to reserve judgment in this case for the purpose of looking into the legal objections that have been raised, particularly into the question of jurisdiction. If I were to dispose of the case to-day, I would hold, first, that the engagement of Miss Senecal was quite illegal; she had not the necessary qualification, and what qualification she had, had not been validated by the Minister or the Department. I should hold, in the second place, without any hesitation, that the use and teaching of the French language in that section, as at present carried on, are also unauthorized; but I shall reserve the whole case for the purpose of considering the legal matters which have been raised, particularly with reference to the question of costs, with which, of course, the good faith or want of good faith of the trustees has much to do." The above is practically a judgment on the merits. I have now examined the legal points most ingeniously presented by Mr. Macintosh. 1. I am clearly of opinion that sec. 80 of the Separate Schools Act, 3 &4 Geo. V. ch. 71, is not applicable to this case, and therefore does not create a domestic forum for the disposal of it. 2. I am further of the opinion that this action is properly constituted, and that there is no necessity for either the AttorneyGeneral or the Minister of Education being...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236841808
  • 9781236841803