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."
The ultimate result of this reference was a judgment of the judicial
committee to the effect that the appeal was well founded and that the
governor-in-council had jurisdiction in the premises, but the committee
added that "the particular course to be pursued must be determined by
the authorities to whom it has been committed by the statute." The third
subsection of the twenty-second section of the Manitoba act--a
repetition of the provision of the British North America act with
respect to denominational schools in the old provinces--provides not
only for the action of the governor-in-council in case a remedy is not
supplied by the proper provincial authority for the removal of a
grievance on the part of a religious minority, but also for the making
of "remedial laws" by the parliament of Canada for the "due execution"
of the provision protecting denominational schools. In accordance with
this provision Sir Mackenzie Bowell's government passed an
order-in-council on the 21st March, 1895, calling upon the government of
Manitoba to take the necessary measures to restore to the Roman Catholic
minority such rights and privileges as were declared by the highest
court of the empire to have been taken away from them. The Manitoba
government not only refused to move in the matter but expressed its
determination "to resist unitedly by every constitutional means any such
attempt to interfere with their provincial autonomy." The result was the
introduction of a remedial bill by Mr. Dickey, minister of justice, in
the house of commons during the session of 1896; but it met from the
outset very determined opposition during the most protracted
sittings--one of them lasting continuously for a week--ever known in the
history of the Canadian or any other legislature of the empire. On
several divisions the bill was supported by majorities ranging from 24
to 18--several French members of the opposition having voted for it and
several Conservative Protestant members against its passage. Th
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