Manitoba School Act

History 6151-1

12 February 2009

French Catholics Required to Have Receptivity and Modesty

Among a myriad of conflicts between Anglophone and Francophone since the British North America Act of 1867 which established Canada, the Manitoba school question represents the major discord between Anglophone and Francophone, Protestants and Catholics and provincial government and federal government in Canadian history. When Manitoba became the fifth province of Canada in 1870, John A. Macdonald cabinet legislated the Manitoba Act which guaranteed the equal rights for both English Protestant and French Catholic denominational schools. In 1890, however, Manitoba provincial government of Thomas Greenway passed the Manitoba Public Schools Act, integrating two religious school systems to one public school system by eliminating funds for denominational schools and acknowledging only English in courts and official documents. The furious Francophone went to courts; although French Canadians almost won the case in Supreme Court, they lost in Manitoba court and the British Privy Council in 1892. Sir. Wilfrid Laurier, the first Francophone Prime Minister, was elected in 1896 and successfully negotiated the Laurier-Greenway Compromise which allowed the limited religious education and use of French under certain conditions; this compromise was the most unbiased and efficient law that Laurier could draw from given circumstances.

Nevertheless Francophone kept arguing the unfairness of the Manitoba Schools Act and the Laurier-Greenway Compromise that Anglophone has abased the place of French-Canadians and their culture. However, considering the efficiency, the Laurier-Greenway Compromise was the most appropriate solution for that time; compared to 1871 when there were 816 students in 16 Protestant schools and 639 students in 17 Roman Catholic schools, by 1889 there were 18,850 students in 534 Protestant schools and only 4,364 students in 96 Roman Catholic schools (Wade 27). When the Manitoba Act was passed, there were 24 school districts—12 for Protestant schools and 12 for Roman Catholic schools. When there was the significance change in population which was one of the key factors to decide the governmental funds, the old law should be adopted based on the current conditions not on the past ones. In addition, according to the Laurier-Greenway Compromise, “where ten of the pupils in any school speak the French language (or any language other than English) as their native language, the teaching of such pupils shall be conducted in French (or such other language), and English upon the bilingual system” (Laurier, par. 10). It shows a mutual representation of both English and French in Canadian education system based on the proportion of population.

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Francophone also maintained that the Manitoba Public Schools Act of 1890 violated the subsection 2 and 3 of 22 section of the Manitoba Act and subsection 3 and 4 of section 93 of the British North America Act of 1867 so that it could not go on effect unless the federal government also agrees with it: “... Provincial Legislature then in force in relation to education constituted a violation of the condition contained in section 22, subject to which alone the jurisdiction of the Provincial legislature to make laws in relation to education was restricted” (Ewart 99-100). The major court case relating to Francophone’s argument was Barrett vs. the City of Winnipeg in 1892; even in the case, John Kelly Barrett lost his appeal to Manitoba courts and the Supreme Court; “three members of the Supreme Court of Canada decided that an appeal did not lie, while to held that an appeal would like, because rights and privileges within the meaning of the sub-section had been prejudicially affected” (Kribs 44). Therefore, the case was sent to the Judicial Committee of the Privy Council in England; on December 11th, 1894 the Privy Council concluded that an appeal lies to the Governor-in-Council because “even if the rights and privileges mentioned in section 22 included rights and privileges created since the union, the statutes complained of have not affected any right or privilege of the Roman Catholic minority in relation to education” (Kribs 45). Canada was established based on the British North American Act of 1867; thus, the judgment by highest court of Great Britain, the Privy Council, has greater effect on Canada. The argument of French Canadians is illogical and dogmatic since they refused to accept the significant change in conditions after the Manitoba Act of 1870 and kept arguing to follow the old law; if the society changes, the laws based on old customs should be changed as well. When the President Abraham Lincoln passed the law of abolishing the slavery in the United States, there were some radical revolts against the new law as well. However, both Laurier and Lincoln were capable of accepting the new streams of ideologies and reflecting them as a law to lead the new era.

Another major disagreement between Francophone and Anglophone was arisen that Francophone felt Anglophone relied too much on the Great Britain rather than independently leading the nation. The French Canadians strongly criticized the decision of Privy Council that it held the hand of its loyalists. Pope Leo XIII addressed in 1897 at Rome that "as to what regards particularly the Catholics of Manitoba, we have confidence that, God helping, they will one day obtain full satisfaction.[…] next, on the justice and wisdom of those who govern; and, lastly, on the good will of all upright Canadians” (Pope Leo XIII, Par. 9). Especially when Pope sent the bishops to Manitoba by suggesting the reason to celebrate great historic religious in France, many English-Canadians were suspicious that Leo XIII sent them to provoke French-Canadians to revolt against the Laurier-Greenway compromise: “still others contend that Arch-bishop Langevin, of St. Boniface, is willing enough to accept almost any com-promise of the trouble with the Greenway Government” (“Flocking, par. 1). Many of English-Canadians viewed the intervention of foreign religious leader, Leo XIII, to the Manitoba school question as the great threat of independence of Canada. Since Sir. John A. Macdonald had a conflict Louis Riel in Red River region, Anglophone was concerned that French-Canadians wanted to establish another constitutional nation. Unlike Great Britain and its Queen who is also a chief executive of Canada under the British North America Act, Pope and other outside Roman Catholic force were regarded as a real threat to English-Canadians. Therefore, Laurier’s sovereign compromise without any outside pressures was the most moderate, unbiased and conciliatory agreement between Anglophone and Francophone.

The Manitoba Public Schools Act of 1890 may seem as a radical change or even discrimination to Francophone; however, considering the relatively great population increase of English Americans in Manitoba, dividing governmental funds for both Protestant and Roman Catholic schools was worthless and rather a waste of money. In addition, the Laurier-Greenway Compromise also allowed the use of French when the schools fulfilled the requirement such as having ten French-speaking students. Besides, the Manitoba Public Schools Act declared to be fully constitutional by the Judicial Committee of the Privy Council of Great Britain. The relation between Canada and Great Britain is indispensable and cannot be refuted unless the British North America Act of 1867 is abolished and Canada stands on the ground own its own. In conclusion, the Laurier-Greenway Compromise might not be the permanent solution for the conflict but it was the best compromise that any other Prime Ministers could ever have gotten.

Works Cited

Barrister, Edward Meek. “The Manitoba School Question and the Remedial Order.” The Canadian Magazine of Politics, Science, Art and Literature. Ed. J. Gordon Mowat and John Alexander Cooper. vol. 5. Toronto: The Ontario Publishing Co., Ltd, 1895. 90-114.

Canadia Parliament Papers. Ed. Holland Bros. Debates of the Senate of the Dominion of Canada, 1897; Second Session-Eighth Parliament. Ottawa: 1897.

Ewart, John S. The Manitoba School Question. Toronto, 1894.

--- The Manitoba School Question: A Reply to Mr. Wade. Winnipeg, 1895.

Flocking to Rome [Manitoba] 12 Sept. 1896: 6. Manitobia. 10 Feb. 2009 <http://manitobia.ca/cocoon/launch/en/publications/TEL/TEL_1896

Kribs, Louis P. The Manitoba School Question: Considered Historically, Legally and Controversially. Toronto, 1895.

Laurier, Wilfrid. Laurier-Greenway Compromise. Canada Congress. 16 Nov. 1896 <http://www.canadahistory.com/sections/documents/thewest/manschoolagree.htm>

Pope Leo XIII. Affari Vos – On the Manitoba School Question. 08 Dec. 1897. 10 Feb. 2009. <http://www.catholicnewsagency.com/document.php?n=339>

Wade, Frederick Coate. The Manitoba School Question. Winnipeg, 1895.