The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-09

act Of 1857 the control of school matters
was placed in the hands Of the several
provinces, and the rights and privileges
of separate and UNCONVENTIONAL schools
were definitely provided for and duly
protected
1t is upon the Interpretation Of this
provision that the present question
really turns. Broadly, there is no ques-
ton of the principle of provincial au-
tonomy in school matters. and different
systems are in operation in the different
provinces. Separate schools, as they are
called, already exist in the territories
which it is now proposed TO convert
into provinces. Under the British North
America act granting this autonomy it
is provided that nothing in the law shall
periodically affect any right or priv
ileges which any class of persons have
by law in the province at the union.
The point at issue is the application
OF this provision to areas which may
become provinces, as well as TO the prov
inces which formed tho original union.
II protected schools existing at that time,
but the question arises whether it applies
with equal effect to the provinces sub
sequently admitted or to be admitted
The Premier claims that it does so
apply, and his speech on presenting the
Territory bill included a long and ex-
haustive argument in support of his
position. Mr. SIFToN and many others
take a contrary view. The Toronto Globe,
usually an uncompromising supporter
of the Premier also disagrees with Sir
WILFRID and states its views as follows:
The question at issue Is this: Is t right or wise
for toe Dominica Parliament to attempt 10 make
the maintenance OF separate schools permanent
constitutional obligation on the new western prov
inees' The Globes answer 10 that question is
not the answer given in the measure now before
Parliament. We are convinced that the spirit
and intention OF the British North America act
concede to the Provincial Legislatures fun control
OF their educational systems, subject 10 the hight
OF the Dominion Parliament. In a specified case.
to enact remedial legislation. The exception
made With regard 10 separate schools in Ontario
and quebec docs not impair that fundamental
constitutional principle OF provincial autonomy In
trovesies in New Brunswick. Prince Edward Isl
ana aud Manitoba confirms this view And we
arc further convinced that the Dominion legis
lailon OF 1875 securing the Establishment OF separate
schools in the Territories does not make It oblEa-
tory on Parliament, now that provincial CON
stutlon is belug granted. enact that the estab-
l!shmcnt OF separate schools SHAH be per manent
obligation on the new Provincial Legislatures
Sooner or later Canada must settle
definitely and finally her complex ques-
ton Of State aid tosectarian hools. 1t
is most doubtful if any wiser solution
can be found than that of full and unre-
stricted provincial autonomy. This would
leave Quebec. with its strong Roman
Catholic predominance, free to maintain
sectarian schools, if it saw fit to do so.
and would not compel a province in
which there is an overwhelming Protes-
tant majority to provide sectarian schools
if such provision was dsapproved by
sufficient number of taxpayers.
As matters now stand in the Dominion,
and as they are likely to stand for many
years to come, it would be unwise and
probably unsafe TO essay. by Federal act,
the suppression of sectarlan schools or
the prohibition of appropriations in prov
inces disposed TO make them.