Justice Fisher concurred in the majority's conclusion, but gave his own reasons. Prior to his appointment to the court, he had been a Father of Confederation and had participated in both the Quebec Conference and the London Conference which had produced the terms of Confederation and the text of the "Constitution Act, 1867". He agreed with the majority that the "Common Schools Act" did not infringe s. 93 of the "Constitution Act, 1867" and was constitutional. He began by noting that the purpose of s. 93 was to resolve a question that had caused serious difficulties in the former Province of Canada, prior to Confederation. Paragraphs 93(2) and (3) only applied to the provinces of Quebec and Ontario. The constitutionality of the "Common Schools Act" depended entirely on paragraph 93(1). It was not simply a right of privilege of the minority faith which triggers paragraph 93(1). It had to be a right or privilege, of the members of the minority faith, with respect to denominational schools, which they had at law at the time of Union, and which was prejudicially affected by a subsequent government action.