Among the difficult questions, which have agitated the Dominion from time to time and perplexed both Conservative and Liberal politicians, are controversies connected with education. By the British North America act of 1867 the legislature of each province may exclusively make laws in relation to education, but at the same time protection is afforded to denominational or dissentient schools by giving authority to the Dominion government to disallow an act clearly infringing the rights or privileges of a religious minority, or to obtain remedial legislation from parliament itself according to the circumstances of the case. From 1871 until 1875 the government of the Dominion was pressed by petitions from the Roman Catholic inhabitants of New Brunswick to disallow an act passed by the provincial legislature in relation to common schools on the ground that it was an infringement of certain rights which they enjoyed as a religious body at the time of confederation. The question not only came before the courts of New Brunswick and the Canadian house of commons, but was also submitted to the judicial committee of the imperial privy council; but only with the result of showing beyond question that the objectionable legislation was clearly within the jurisdiction of the legislature of New Brunswick, and could not be constitutionally disallowed by the Dominion government on the ground that it violated any right or privilege enjoyed by the Roman Catholics at the time of union. A solution of the question was, however, subsequently reached by an amicable arrangement between the Roman Catholics and Protestants, which has ever since worked most satisfactorily in that province.
The Manitoba school question, which agitated the country from 1890 until 1896, was one of great gravity on account of the issues involved. The history of the case shows that, prior to the formation of Manitoba in 1870, there was not in the province any public system of education, but the several religious denominations had established such schools as they thought fit to maintain by means of funds voluntarily contributed by members of their own communion. In 1871 the legislature of Manitoba established an educational system distinctly denominational. In 1890 this law was repealed, and the legislature established a system of strictly non-sectarian schools. The Roman Catholic minority of the province was deeply aggrieved at what they considered a violation of the rights and privileges which they enjoyed under the terms of union adopted in 1870. The first subsection of the twenty-second section of the act of 1870 set forth that the legislature of the province could not pass any law with regard to schools which might "prejudicially affect any right or privilege with respect to denominational schools which any class of persons have, by law or practice, in the province at the time of union." The dispute was brought before the courts of Canada, and finally before the judicial committee of the privy council, which decided that the legislation of 1890 was constitutional inasmuch as the only right or privilege which the Roman Catholics then possessed "by law or practice" was the right or privilege of establishing and maintaining for the use of members of their own church such schools as they pleased. The Roman Catholic minority then availed themselves of another provision of the twenty-second section of the Manitoba act, which allows an appeal to the governor-in-council "from any act or decision of the legislature of the province or 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."