3111 SPEECH OF G. E. CASEY, M.P. ■^ • I ■- . ^ ' ON THE REMEDIAL BILL HOUSE OF COMMONS, OTTAWA, THURSDAY, 12th MARCH, 1896 Mr. CASEY. A good old Methodist hymn, which refers to the conditions of those who have gone before into a better world, speaks of their troubles on earth in this wise : They wrestled hard, as we do now, With sins and doubts and fears. That reminds me verj^ much of the hon. gentleman's (Mr. Kenny's) position while he was making his speech. He was wrfstling very hard with dlfBculties of that kind, and I am sure that when he brought upon the desk those last three sheets which contained his beanti- lul peroration, he must have been as much relieved as the rest of the House were at the happy event. The hon. igentleman set out by telling us that he was no lawyer, and he proved that statement most con- clusively before he got through. But he also proved that he was a special pleader, and that in dealing with speeches which have been delivered, and facts that have been ascertained, his ordinary manner— 1 suppose I must speak of it in a parliament- ary way— is ingenious. He gave us, in his own ingenious way, his version of the re- marks of those "'ho preceded him, and the facts of the case. He told us that he did not want to hear the word', " Catholic " and. " Protestant " in connection with this de- bate, but his whole speech, from beginning to end, was an ingenious attempt to wrest arguments, statements and facts for the purpose of rousing the religious prejudices of Catholics. He told us that he objected to violence of statement in men of his age and the age of the hon. member fjir Sbittli Oxford (Sir Richard Cartwrlght), .and tKat such violence always met with retallatiori. I have no doubt the hon. gentleman has "got' that fact fully established In his own jntpd. for this session he has had an experience of the retaliation that follows violent, abus- ive, and ingenious remarks, directed against . other members of the House. He had so much of that retaliation that It is a con- siderable time since we have seen him on the floor of this House, or heard his melodi- ous voice. He is going to suffer on this occasion from another species of retalia- tion, which, perhaps, he may feel more deeply than any he has deserved by the in- genuity of his remark, and that is. that no one will take the trouble to follow him through the windings of his alleged argu- ments, or attempt to answer his alleged statements of fact. PUBLIC SCHOOLS IN NOVA SCOTIA. There is one admission he has made, how- ever ; ard as we can afford to use so much of his speech as gives away his case, that must be noticed. He told us that the pre- sent public school system in Nova Scotia has been a success, that the modus vlvendi has been a success there, and tliat he would ad- vise the minority in Manitoba to agree to a similar arrangement In that province. And yet he Intends to vote for a Bill which makes modus vlvendi Impossible, and which will impose on the people of that province a school system which is not of their own devising. " WRESTLING HARD." Now. I notice that he is not the only gen- tleman on tkat aide of, the House who is wrestling wkb sins .and doubts and fears Thfe whole OovfeFiirletot have been in great dlfflcuJty about tl^is measure ever since it h&a comdial order directs Manitoba to do a large numbers of things, and she refuses to do those things, you may then legislate to carry out a smaller number of objects, and Justify it by the pretense, that the greater Includes the less. No argument could be more absurd and rot- ten. Our jurisdiction only begins when Manitoba has refused to do certain particu- lar things, and it Is only with regard to those certain particular things that we are able to legislate. I do not think that argument could be expressed any bet- ter than was done In the columns 8 o£ "La V6rit6" of last week. "La V6rlt6 " is an acknowledged clerical organ in the province of Quebec, an organ which I am told goes practically to every priest in the province, an organ which Is looked tu, as its name indicates, to tell the truth on every- thing In which the Interests of religion are involved. By a strange coincidence " La V6rlt6 " on the 7th of March and the hon. member for Winnipeg (Mr. Martin) on the 6th of March in this House put forward almost exactly the same argument In regard to the unconstitutionality of this measure. When you find the hon. member for Winni- peg, the author of the Act of 1890, the man who is supposed to be the champion of Mr. Greenway in this particular matter, and " La Vfirlte," the organ of the clerical party In Quebec, and supposed to be the champion of the hierarchy and the priesthood In that pro- vince, agreeing exactly in the same argu- ment Mr. AMYOT. If the hon. gentleman will allow me Mr. CASEY. Order, Only one conclusion remains, Mr. Speaker, and that Is, that this argument is so incontrovertlbly and abso- lutely true that it cannot be got around by anybody. Now, if my hon. friend wants to ask me a question, I will hear It. Mr. AMYOT. I say that the hon. gentle- man is entirely mistaken about the position of " La V6rit6 " In Quebec. Mr. CASEY. What is its position, then ? Mr. AMYOT. It is an ordinary paper, without any authority more than any other paper. Mr. CASEY. Others of my hon. friends from Quebec, who are equally able to speak of " La V6rit6 " such as my hon. friend from Montmaguy (Mr. Cboquette), and my hon. friend from Bagot (Mr. Dupont), have told me that it is, I do not say an inspired paper, but one that is looked upon as a clerical paper which goes practically to every priest in the province of Quebec. Mr. CHOQTJBTTE. And has great In- fluence. Mr. CASEY. I have no doubt that my hon. friend who Interrupts me (Mr. Amyot) thinks that " La V6rit6 " is a very ordinary paper when it disagrees with him, but that it is a very extraordinary paper when it agrees with him and with the Government which he sup- ports. "La V6rit6" Is not as loyal to the Government as the hon. member for Belle- chasse (Mr. Amyot) is for the moment. There have been times when he has not been loyal to the Government ; but he is now extremely loyal to them, and lie does not like to be told that an Independent paper, which consults the church authorities, but does not consult him or the Premier of this country, has proncmced against this Bill. I propose to read to you as correct a translation as I can make of the argument In "La V6rlt6." It says : " LA VBRITE'S " OPINION. The parliamentary correspondence of the " Trifluvlen " conelders that the present time is not well chosen for diacusslnK the merits of the Remedial Bill. We believe It is Infinitely better worth our while to examine this Bill now, when it is, at least theoretically, possible to modify it, than to pass it flrst, and then to estimate Its shortcomings. It /ill be said, " If there are shortcomings, th-ry wjU be removed by subse- quent legislation." Let no one create this il- lusion for himself. Such as the Act is when passed, such will it remain. Never can Parlia- ment) he led to legislate twice on this question. It is enough to remember what is going on at Ottawa to convince ono of this. If the 6lll is not modified so as to make It conform entirely to the remedial order of last March, it can be attacked as unconstitutional. In effect, the Federal Parliament has no right to legislate on the school question except in so far as the Manitoba Legislature has refused to legislate itself. Now, the remedial order of March 21st, 1895, declared that the minority had a right to three thing)] : A, B, C, viz., (A) to construct, maintain, manage, Roman Catho- lic schools ; (B) to receive a proportional share of every subsidy granted from the public funds for educational purposes ; (C) finally, exemption for the Catholics from taxes Imposed for the maintenance of public schools. It is A, B, C, which the Federal Government ordered the legislature to do. It is, therefore. A, B, C, which the Manitoba Legislature has refused to do. It l8,therefore. A, B, C, which the Ffideral Parlia- ment has the right to do, in virtue of the con- stitution. But, by the Bill actually before tbe public, the Gcvernment only invites Parliament to do A and C ; for, no matter what one may say, clause 74 does not do B ;— that Is to say. It does not give the minority a proportional part of every grant male for educational purposes out of public funds.' Winnipeg may then say : — " I Lave refused to do A, B, C ; — but I have not refused to do A, C. Vou have, therefore, the right to Tpglslate on A, B, C, because of my refusal ; but you have not the right to legislate on A, C, because you have not, in the first place, given me legal notice to legislate, myself. In regard to A, C, alone." It Is useless to do like the ostrich : to hMe one's head in the sand, and believe oneself un- der shelter. If clause 74 Is not modified so as to do B, the Act will probably be declared un- constitutional. There is the opinion of an independent, re- spected, Influent'il. clerical authority, on the constitutionality of this measure. It is re- markable that the same argument .should have occurred to the hon. member tor Win- nipeg at the same time, and should have been put forward on the same day without any knowledge of the coincidence or part of either. The conclusion, I say, is clear that that argument is incontrovertible. Both the Green^vay side of this question and the clergy of the province of Quebec are agreed in thinking that this Act Is defective and will probably be unconstitutional. MEANT TO BE UNCONSTITUTIONAL. Nay, Mr. Speaker, I will go further than that ; 1 believe the Government meant this Act to be unconstitutional. Nobody believes for a moment that tbls Government, now con- solidated, with the brains back in it, and the imbecile head, as be was described by his subordinates, not cut off— nobody believes that this two-beaded Government really wish to restore separate schools to Manitoba. Everybody knows that all they wish to do Is to pass a Bill through this House which shall nominally asaert the right of the Catho- lics of Manitoba to separate schools, which shall make a show of coercing Manitoba, which shall be sufficient to secure the sup- port of the Catliolic church in the next elec- tion. That is all they want to do. They are comforting themselves and their Ontario followers with the assurance that after ail It does not matter. They know that the Privy Council will declai-e the Act Ux its present shape to be ultra vires. They know that Par- liament will never venture to attack the question again. They know that it is a dead issue If this Bill passes. Tliey know more than that ; they know that if this Parlia- ment forces separate schools on Manitoba, it will prevent the legislature of Manitoba from establishing separate schools itself. They are afraid like the hou. Minister of Marine nnd Fisheries (Mr, Costigan) that the Manitoba government will re-establish those schools and get the credit of that act. They would rather see it done from here, and the result of an attempt to do it from liere by a Bill in any such shape as the one before the House would be to make Catholic separate schools in Manitoba Impossible for generations yet to come. It is a serious question for our French and other Catholic friends whether they should vote for a Bill of that kind, in view of the consequences to their co-religionists. Mr. CAMERON. Hear, hear. SENATOR POWER'S OPINION. Mr. CASEY. My hon. friend from Inver- ness gives his dry " hear, hear " as a criti- cism on my remarks ; but I am glad to be able to oppose to that little interruption of his the opinion of as good a Catholic, as good a Nova' Scotian, and as ^ood a law- yer as he is. I refer to Senator Power, of Halifax. His catholicity will not be denied by any one who knows him. Mr. CAMERON (Inverness). Nor his Grit- tism. Mr. CASEY. Strange as it may seem to the hon. member for Inverness, it is quite pos- sible to be a good Grit and a good Catholic at the same time. We may say one thing for Senator Power's catholicity, which I am afraid will never be said for the catholicity of the hon. member for Inverness. More than twenty years ago, certain writings of Senator Power on the relations of the church to politics, which were published in our papers here, were sent to Rome, and sub- mitted to the college of cardinals ; and they G E C— 2 were declared by the cardinal whose special duty it was to look Into the matter to be sound in theology, although there was a. slight leaning to Orlttism In the writings. And as a result of the writing of those arti- cles, an ablegate was sent from Rome to this country, and an Important revision of the relations between church and state in this country, followed bis mission. Senator, Power's catholicity, therefore, cannot bo denied, and I will give you some idea ot his opinions on this Bill. I will ••ead you one or two of his conclusions, first, and then one or two quotations in support thereof. I shnll read you first the conclusion of hia valuable pamphlet : Having looked at the record of tbe Oovoi-nment in connection with tbe Manitoba acbool question and having examined the Remedial Bill, I return now to the question stated at the beginning o{ this paper, and say that In my humble opinion, the Bill In question, Is not such a measure as a Catholic member of either House of Parliament should vote for. It Is calculated to do no good, but rather harm to Catholic Interests In Mani- toba, and to cause serious Injury to the Canadian people as a whole. While I do not question the right of any Catholic member, who can satisfy himself that the Bill Is likely to improve the position of his co-rellgionlsts In the matter ot education, to vote for It, I shall feel It my duty, as a Catholic and as a citizen, to vote against it, should it come before the Senate, in anything like Its preeent condition. L. O. POWER. Ottawa, 3rd March, 1896. A DIVIDED CABINET. He llnds that a great many defects in the Bill, some of which I have pointed out, and others to which I have not referred. He says, after a good many criticisms, which I shall not read In full : In short, the Bill is such as one would naturally expect to result from the contest of two hostile sections of a Cabinet, warring over the remedial order, one striving — probably honestly — to re- store to the Catholic minority, the rights ot which they were unjustly deprived by the Mani- toba Act of 1890, and the other determined that nothing should be done to alienate the large section of the population which Is opposed to any concession to the minority, and believes that in the matter of education, the majority in Mani- toba should have a perfectly free band. Let us suppose the Remedial Bill to havb be- come law, and try to foresee the probable result Certain school districts, in which a majority ot the voters are Catholics, have accepted the Acta of 1890 and are now working under them. The people assess themselves under the law and re- ceive their proportion of the legislative grant The teachers say Catholic prayers, and give In- structions In the doctrines of their church after the regular school hourr. This Is In the much-abuoed Protestant schools of Manitoba ! The attitude of the schools in Catholic dis- tricts towards the ey.isting law and their present condition are reported on by Mr. A. L. Young— an ofBcer of tbe Manitoba government. 10 FRIENDLY MANAGEMENT OF PUBLIC SCHOOLS. lie then goes on to quote the report of Mr. Young, but, as Mr. Young will be suspected of favourlag the Government, I prefer to quote from the speech of Senator Bernier, which he gives later on : However, I find that he is to a great extent confirmed by Senator Bernier, late superintendent of Catholic schools in Manitoba. Speaking of the Catholics of that province he said, in ad- dressing the Senate on 25th April, 1886 : " Inducements were offered to them by the local government through their officers to attend the schools without entirely sacrificing their views ; and they thought they might try the new system. It is not on account of any pre- ference for the public schools but because of their poverty and of the peculiar inducements offered to them. The local government were anxious to have some of our schools brought under the law in order to be able to base an argument upon the change. An inspector . was sent to them who told them tnat if they wanted to keep up their schools the government would not be too exact- ing about compliance with the regulations. He told them that they might quietly give any re- ligious instruction in the school after school hours. He told them that they could begin and close school work by saying the ordinary Catho- lic prayers and even suggested how It should be done." This is sulScient proof out of the mouth of Senator Bernier, late superintendent of sep- arate schools in Manitoba, that the local government has made it as easy as possible for the Catholic minority there to avail themselves of the ordinary public schools. Senator Power goes on to comment as fol- lows :— MANITOBA CATHOLICS WOULD LOSE BY CHANGE. It is hardly to be expected that the districts in question will give up the advantages which they now enjoy, for the purpose of coming under the operation of the Remedial Bill, if it become law ; and I do not believe that Senator Bernier will seriously blame them if they fail to do so. They would gain nothing and lose a great deal. vent a friendly settlement of the question and to antagonize the local government and the Pro- testant majority, who might otherwise be willing to make such modifications in the existing law as to legalize concessions similar to those tolera- ted in Nova Scotia, New Brunswick and Prince Edward Island, and recognized as being on the whole fairly satisfactory. Mr. CAMERON. Hear, hear. Mr, CASEY. They were so recognized to- night by the hon. member for Halifax (Mr. Kenny) and now by the hon. member for Inverness (Mr. Cameron). Mr. CAMERON. If legalized. SO WOULD THOSE OUTSIDE. Ml'. CASEY. The hon. member for Hall- fax declared that they were satisfactory as they stood. Senator Power goes on to say : Outside of Manitoba, persistence by the Domi- nion Government is likely to have injurious effects, more especially in Ontario, where it may lead to a renewal of the warfare waged for so many years against Catholic separate schools by the Conservative party under the leadership of Mr. (now Chief Justice) Meredith. The number of Catholic children of an age to attend separate schools in Manitoba, was, as appears from the official report for 1886, the last to which I have had access, about 4,100. Now comes a passage to which I would call the attention not only of every Catholic, but of every Protestant who, like myself, wishes to see no disturbance of the existing rela- tions between Protestants and Catholics in Ontario : The prospects of a successful campaign against separate schools in Ontario would be much in- creased if the Catholic electors of that province were now by transferring their support to the Conservatives, to alienate the Liberals, who, un- der Sir Oliver Mowat, have been their staunch friends in the past. In any case, the passing of the Bill will cause a continuance of the present mischievous and regrettable agitation, which is prejudicial to the interest.^ of all classes. HE TRUSTS THE ,.'ROTESTANTS. Amongst other things they would lose their 1 skiP again a little and quote further, share of the public grant for educational After saying that he does uotob.iect to the purposes, which this Bill finds no means of Remedial Bill on the ground of provincial giving them. rights, he says : Whatever we may think of the local govern- ment's action in this connection, it cannot be said that it shows any hostility to Catholic schools as such ; and it perhaps indicates that, if the existing contest with the Dominion Qovern- mant were at an end, a settlement or modus Vivendi satisfactory to all concerned might be found without any radical change in the existing law. In the rural districts, where the law of 1890 has not been accepted, the Catholics as a rule are not well enough oS to maintain their schools satisfactorily with their own funds, with- out a share of the legislative grant and without exemption from taxation for the public schools. It is clear that in Manitoba the passing of the Remedial Bill will be of no substantial benefit to the Catholic minority, while it will tend to pre- At the same time, I am convinced that, under all the circumstances of the case — some of which I have discussed — Mr. Laurier's policy of Inquiry and conciliation would, if adopted, be far better for Catholics as well as Protestants, not only in Manitoba but in Ontario and all the other pro- vinces of the Dominon, than that of the Qovem- roent, as embodied in the attempt to pass the Bill. I was for thirteen years a comralRsloner of schools for the city of Halifax ; and my ex- perience in that capacity has satisfied me that good tempered appeals to the generosity and sense of justice of our Proteetant fellow-citizens will nearly always gain recognition for our reasonable claims and due regard for our conscientious con- victions ; while, on the other hand, anything in the nature of aggression or ooeroion is almMt 11 certain to lead to reBlstance and failure. In On- tario the experience has been mucb the same. Various amendments to the original Separate School Act, which were needed to place the Ca- tholic schools upon a satisfactory footing, have been made from time to time, without appeals to any power other than the spirit of toleration and the sense of Justice of the overwhelming Protestant majority of that great province. Hu- man nature Is much the same in Manitoba as in Nova Scotia or Ontario ; and the attempt by the Dominion Parliament at the present time to set up separate schools in Manitoba under the pro- visions of the so-called Remedial Bill, against the strong protests and hostility of the Govern- ment, legislature and electorate of that province, is fore-doomed to failure. I will not quote any more, though it is all valuable. LIBERALS FAIR TO CATHOLICS. 1 will say In conclusion to the Cath- olics In Ontario, and to those who know what has taken place in Ontario, that they should know who are their friends, tliey should know perfectly well who have stood up for their rights, so far as those rights could be obtained without adopting a policy thit would 'njure the counti-y at large. They know whether the P.P.A.'s, the associates of my hou. friend from East Lambtou (Mr. Moncrieff), who spoke in favour of this Bill, or the associates of those on this side of the House have done justice to the Roman Catholics in Ontario. To our French friends I do not need to say anything. An hon. MEMBER. They are not here. Mr. CASEY. No, but they are within hear- ing. The people of Quebec know who is their friend. They know in whom they are trust- ing. Tliey know that they have a man who understands them, who understands their views and their interests. And, by a strange coincidence, we of Ontario find in the same individual one who understands us and our views and our interests. In spite of all at- tempts by such speakers as my hon. friend from Halifax (Mr. Kenny), who seems to feel a natural antipathy to our leader— and I do not wonder at it— in spite of all attempts to raise religious prejudices against him amongst the Catholics of Quebec and the Protestants of Ontario, our leader stands out as the only man who has taken a manly straightforward, upright course in regard to this question, the only man who by any pos- sibility can settle this question. PATRIOTISM OF FRENCH CANADIANS. I said a moment ago that I need not say anything to our Liberal French friends, but I cannot help saying one thing to them. They may be sure that those who have taken a broad and statesmanlike view of this ques- tion, who have refused to take advantage of a constitutional technicality to pursue a course that would stir up divisions of race and creed in Manitoba, who have refused to take advantage of the weapons placed in their hands, will find that the people of Manitoba are human like the people of the rest of Canada. Whatever the feeling has been there, up to the present time. It will be Impossible for any ordinary British or French people In Manitoba to refuse to do something In return for the magnanimity which these gentlemen are showing. I say that those French Canadians and Irish Cath- olics who are supporting the policy of the leader of this side of the House — and tlipy are a vast and increasing number- are doing more to save the future of Can- ada, are doing more to make the continuance of confederation possible, are doing more for tlie welfare of their co-religionists in the province of Manitoba, than can be done l)y any Oovernment in Canada taking the * fiiilcst advantage of the weapons afforded by the constitution. COERCION IMPOSSIBLE. And when I say that this Bill is a failure, I am not imputing any special blame to the Government, because I am quite convinced that any Bill that could be framed In this House must be a failure. I am convinced that no means exist for enforcing the will of this Par- liament upon Manitoba in opposition to tlie will of its legislature and the majority of its people. What we can blame the Gov- ernment for, Is not their Inability to do the impossible, but their dishonesty In pre- tending to do what their common sense sliould have told them was impossible, and for seeking to make capital out of religious differences and for keeping the country in a turmoil over a question that could have l)opii settled long ago by conciliatory and peaceful methods.