696 - THE FEDERATIONS AND THE UNION [PART 1V
any school under the provisions of the agreement, and where
both Roman Catholic and non-Roman Catholic children
attended the school, and there was not adequate room to
allow for separate accommodation for religious teaching, the
Department of Education was to make regulations so that
the Roman Catholic children could be taught on half the days
of the month, and the non-Roman Catholic children on the
other half. But during the secular school work no separation
of the pupils was to take place. No pupils were to be per-
mitted to be present at any religious teaching unless the
parents or guardians desired it; otherwise they must either
be kept in another room or dismissed before religious teach-
ing took place.
As regards language, the settlement arranged was that
when ten of the pupils in any school spoke the French
language, or any other language than English as their native
language, the teaching of such pupils should be conducted
in French, or such other language, and in English, upon the
bilingual system.
In Ontario there has been a decision in The Separate School
Trustees of Belleville v. Grainger! that the appeal under s. 93
(3) lies only where some legal act is concerned, not merely
because of matters affecting the everyday working of the
school.
(m) The Privileges of the Legislatures
For a time it was contended by the Courts that a Provincial
Legislature, in token of its absolutely subordinate position,
could not pass an Act for conferring upon itself privileges
equal to those of the House of Commons. This view was
shared originally by the Dominion Government, and two
Acts of Ontario and Quebec on this topic were disallowed.
The same fate was awarded an Ontario and a Manitoba Act
of 1874, but, with the usual inconsistency of Dominion action,
an Act of 1876 was not disallowed. The Court of Queen’s
Bench in Quebec held that a statute of Quebec on this
subject was ulira vires. On the other hand, it was shown
clearly by the case of Woodworth? decided by the Supreme
' 25Gr, 570; 1 Cart. 816. * 28. CR. 158. Sceabove, Pp. 450 seq.
