PROPERTY AND CIVIL RIGHTS. 247 
Upper Canada are extended to the dissentient schools of 
Protestants and of Roman Catholics in Quebec. 
(3) An appeal to the Governor-General in Council is 
allowed against any provincial Act or decision affecting any 
right of the Protestant or Roman Catholic minority of the 
Queen's subjects in the province. s. 93. 
A province has, subject to the above powers, a right of Denomi. 
legislating in regard to denominational schools, so long as Sa 
such legislation is not “ prejudicial ” to any right or privilege 
existing at the time of the Union. An Ontario Act providing 
for the election of trustees of certain Roman Catholic schools 
was on this ground held valid™ 
The rights and privileges protected are only those which 
at the time of the Union existed in each province by virtue of 
positive legal enactment, and not privileges enjoyed under 
exceptional and accidental circumstances and without legal 
rights”. 
The right of appeal referred to in subsection (3) only 
refers to legislative Acts or their equivalents, and not to the 
every-day details of the working of the school. 
Tn case any provincial law requisite for carrying out the Dominion 
above provisions is not made, or in case the decision of the paras 
Governor-General in Council in an appeal under this section 
is not duly executed, power is given to the Parliament of 
Canada to make remedial laws for carrying out the above 
provisions and for executing the said decision. s. 93 (4). 
10. PROPERTY. 
To the Dominion is given jurisdiction in 
Bankruptcy and Insolvency. s. 91 (21). 
To the province is given jurisdiction in 
Property and civil rights in the province. s. 92 (13). 
Procedure in civil matters in the province. s. 92 (14). 
1 Separate School Trustees of Belleville v. Grainger, 0. 25 Grant 570; 
1 Cart. 816. 2 Eg parte Renaud, N. B. 1 Pugsley 273; 2 Cart. 445.