CHAP, 1] THE DOMINION OF CANADA 691
their powers, and that disallowance would be completely
contrary to the rights of the province. The Dominion
Minister of Justice, however, recognized that the Act did
not trench upon the legal rights of the Roman Catholics, and
that though, by practice, in schools, which were legally unde-
nominational, unauthorized textbooks had been introduced
by Catholic teachers, still no legal right had been estab-
lished, and the validity of the Act or the power of the
Dominion to accord remedial measures never got into the
Courts,!
But in Manitoba the case was very different, and its
importance may be gauged by the fact that it cost the
Federal Ministry of the day the victory at the general election
of 1896, their opponents going to the country on the cry of
provincial rights. In 1870, when Manitoba was formed
Into a province of the Dominion, there had been no legally
established system of education in the country at all ; there
were only denominational schools supported by the denomi-
nations to which they belonged. It was therefore provided
in the Act (33 Vict. c. 3, s. 22) constituting the province that
the provincial powers should in education matters be placed
upon the same basis as in the British North America Act,
but safeguarding the rights possessed at union by practice
a8 well as those by law. Moreover, in accordance with the
Same policy the French language was given an official status
a8 in the Dominion Parliament and in Quebec, but in 1890
this legislation was reversed by the Provincial Parliament.?
In 1871 the situation as regards the schools was changed
by the passing of legislation under which an Education
Department, was set up, half Protestant and half Catholic,
and funds were allocated in equal proportions to the Roman
Catholics and to other denominations for the support of
their schools, while in each district the denominations could
have separate schools to which alone thev contributed.
* Prince Edward Island House of Assembly Journals, 1878, p. 2 and
APP. A; Provincial Legislation, 1867-95, pp. 1184-99.
* In 1891 the North-West Territories were allowed to follow suit, if it
were considered desirable: see Canadian Annual Review, 1905. p 105.
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