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Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 THE SENATE FIFTH SESSION-EIGHTH PARLIAMENT SPEECH or HON. SENATOR LANDRY AND DEBATE ON THE MANITOBA SCHOOL QUESTION OTTAWA, TUESDAY, JUNE 12, 1900 Hon. iMr. liANDRiC rose to inquire : 1. Does the government know that the Catholic minority of Manitoba contends that it has been injured in the exercise of its rights with respect to the maintenance of its schools, and that it has demanded, as a remedy for Its grievances, three things: (a) Separate schools. (b) A grant to sustain them (c) Exemption from taxes for the maintenance of Protestant schools? 2. By the judgment rendered on January 29, 1895, by the Lords of the Judicial Committee of the Privy Council and by the order In council of Her Majesty the Queen in Council, dated Feb- ruary 2, 1895, is it decreed that rhe Catholic minority of Manitoba has just grievances, the redress of which, as a question of appeal to be decided, falls within the jurisdiction of the Governor General in Council? 3. Did the Governor General in Council, by an order dated March 21, 1895, order the legisla- ture of Manitoba to modify its school legislation in such a way as to give the Catholic minority in Manitoba: (a) The right to construct, maintain, furnish, manage, conduct and sustain Roman Catholic schools in the manner provided for by the Acts which the statutes of 1890 have repealed; (b) The right to share In any subsidy made out of the public funds for the needs of public instruction; (c) The right of the Roman Catholics who shall contribute to sustain the Roman Catholic schools to be exempt from all payments or con- tributions destined for the maintenance of other schools? 4. Has the legislature of Manitoba conformed with these prescriptions of the remedial order? 5. Has not the legislature, on the contrary, answered in the negative: (a) By a first refusal given on July 25, 1895; (b) By a second refusal given on December 21, 1895, rejectlne an attempt at reconciliation; (c) By a third refusal of the propositions made by the delegates sent to Winnipeg on March 28, 1896? 6. In the face of this triple refusal, did not the Conservative government propose for adop- tion by the Canadian parliament certain legisla- tion, called remedial legislation, substituting the Canadian parliament tor the Manltoban legisla- ture in the measures of justice to be granted the Catholic minority of Manitoba for the redn.'ss of their grievances? 7. On March 22, 1896. did cot the House of Commons accept the princlole of federal inter- vention In the settlement of the Manitoba schools difficulty by adopting, by a vote of 112 to 94, the second reading of the Remedial Bill? S. On April 14 of the same year, did not Sir Charles Tupper read to the House of Commons the following telegram from Monselgneur the Archbishop of St. Boniface, making known the adherence of the Catholic minority to the re- medial measure: Montreal, April 13, 1896. In the name of the Catholic minority cf Mani- toba, that I represent officially, I ask the House of Commons to pass the whole Remedial Act as it is now amv nded. It will be satisfactory ti the said Catholic minority, that will consider It as a substantial, workable and final settle- ment of the school question according to the constitution. (Sgi.) ADELARD LANGEVIN. 9. Was not the final adoption of the Remedial Bill prevented only by an Interminable discus- I ^ 00 Blon, which was prolonged until the last days of parliament? 10. In the general elections of 1836, did not the j/.beral party iiiak'> to the electorate the solemn promise to render tull and entire jus- tice to the Catholic minority, as appears, amoriisst. other things, by the following declarations pub- lished by the press and brought to the knowl- «dge of the voters: (a) Extract from a speech made by tne Hon. Mr. Laurier at Jacques Cartier Hall, in Quebec, May 7, 1898, as published by ' L'^lecteur ' of May 8, 1396: (Translation from the French.) ' Do not misunderstand my intentions. I re- peat here that I wish the minority in Manitoba to obtain entire justice. It Is a principle writ- ten in letters of gold in the programme of my party that the rights of the minority must be respected ' If the people of Canada biing me into power, as I have a conviction they will, I will settle this question to the saMsfaction of all parties interested. I shall have fflth me in my gov- ernment Sir Oliver Mowat, who has always been in Ontario, at the peril of his own popularity, the champion of the Catholic minority and of separate schools. I will put him at the head of a commission where all the interests at stake shall be represented, and I affirm to you that I will succeed in satisfying those who are suf- fering at this moment. Is not Sir Oliver Mowat's n&me alone a guarantee of the success of this plan? ' An-^i then, finally, if conciliation Joes not succeed, I shall have to exerclst that constitu- tional recourse which the law furnishes, a re- course which I shall exercise completely and entirely.' (b) Declaration signed by the Hon. Charles Fitzpatrick: 'Being sincerely disposed to put aside all party spirit and all questions of men, in order to se- cure the triumph of the Catholic cause in Mani- toba, I, the undersigned, promise, it elected, to conlorm myself to the bishops' mandement in all points, and to viite for a measure according the Catholics of Manitoba that justice to which they have a riglit by virtue of the judgment of the Privy Council, provided tLai the measure be approved of by my bishop If Mr. Laurier reaches power, and doca not settle the question at the first session, in accordance with the terms of the mandement, I promise either to withdraw my support or resign. • ^Sgd.) C. FITZPATRICK. ' Ste. Marie, June 6, 1896. ' Copy compared with original. ■ B. PH. GARNEAU, Priest. ' Secretary of the Archbishop of Quebec' (See also House of Commons Debates, 1897, page 163.) (c) Declaration of the Hon. Mr. Geoffrion, pub- lished iu ' Le Soir ' newspaper, of Thursday, June 11, 1896, reproduced in the House of Commons ' Hansard ' of 1896 (2nd session), page 230: ' I am here to make the declaration imposed upon nie )>y my bishop in the mandement which haj been read iu all the churches of the pro- vince. That mandement presses upon the voters the duiy of registering their vote only in favour cf those candidates who shall take the solemn and t rnial pledge of supporting an adequate lemedia! law, restoring to the Catholic minority the rights which have been talcen away from them. Now, gentlemen, I am jere to publicly make In your presence tl . declaraticn Imposed upon me by my bishop, ind I now take before you a solemn pledge to that effect. I shall vote in favour of a remedial law such as re- quired by the blshoys, an operative law restoring to Catholics of Manitoba all the rights adjudi- cated upon by the Privy Council judgment, but at the same time I declare that I shall see to it that their rights and not crumbs be given back to them, for the Catholici.^ do not ask char- ity, they are not mendicants, they claim their own rights.' 11. After the general elections, during the first session of ihe eighth parliament, did not the Hon. Sir CharleB Tupper, the leader of the cp- posltion, on Au{;ust 24, 1896, from his place la the House of Commons, make the following de- claratlo.n, to be found in the Official Report of the Debutes of the House of Commons of Canada, vol. xliil., column 57: ' In the future, as in the past, the cardinal principle with the great party to which I have the honour to belong, will be: Equal justice to all, without respect to race or creed. I am glad to know that the responsibility of Beetling this question — an important question, although not so gravely important as I had supposed — I am glad to know that the responsibility refits no longer upon ~\y shiiulders. but upon those of the hon. gentleman who is now the First Minister of the Crown. I can only say that I trust and sincerely hope that he will be i lost sur.cessful in obtaining such a settlement of this question as will do justice and give satisfaction to all par- ties. I can assure the hon. gentleman not only that he has my most cordial wishes for a happy, and early, and fair settlement of this Important ouestion, but 'Lit anything that I can contribute to that fciil will be at all times most cheerfully done.' 12. Has the prestnt government availed itself of this offer of the leader of the opposition, and has it profited by it to settle the Manitoba schools question in such a maLcer as to render justice to the minority? 13. If not, why not ? 14. Did the hoa. the Secretary of State, on May 2, 1898, make the following declaration to the Senate: ' Hon. Mr. SCOTT. — The present government have settled the school question with Manitoba. They adopted the same channels to settle that question as the late govern:Tient did. The late government sent delegates to Manitoba and had a conference and failed to come to any agree- ment. The present government had a confer- ence with representatives of the government of Manitoba, and they came to an agreement, which was confirmed by the Manitoba legislature, and that is the end of it, so far as the public are concerned.' — (Senate Debates, 1898, page 663.) 15. Was not the Hon. Sir Wilfrid Laurier re- P'lrted by ' La Patrie ' of September 28, 1899, to have uttered at Drummondvillo, on September 26 last, the following words : — (Translation.) • You kno ." that In ISOfi an irritating question was causing trouble in the country. It was a question where religion and politics were con- fo'.inded. We came into power. We ha ^e pro- m'«!Pd "T settle the que.?lion in six months. You are witnesses that this promise has been ful- filled to the letter. The school question does not exist any longer, although our friends the Blues seek to bring it up again.' — (House of Com- mons debates, 1900, March 28, rev. ed., col. 2749.) Hi. What is the position taken by the federal e.\-ecutiv3 towards the parties in the case, the government of Manitoba of the one part and the part, anno on befoi had I a de( 17. ///^3:/ the Catholic minority of Manitoba of the other part, In that understanding which was offlclally announced by the hon. the Secretary of States on May 2, 189S? Is It the position of a Judge before whose tribunal the question In litigation had already been brought, and who had rendered a decision knj.vn aa the remedial order? 17. Did the present government, when holding a conference wkh the government of Manitoba, simultaneously treat with the other party In the case, the Catholic minority? 18. Was that minority a party to th^ said conference, and has the arrangement which was made been accepted by the Catholic minority? 19. On the contrary, has not the arrangement in question been repudiated and denounced — (aj By the head of the Catholic Church; (c) By the Catholic minority of Manitoba ; (b) By the episcopate ? 20. Has the government ever taken kno.vlelge of the following words of Leo XIII., in his en- cyclical letter (' Affari Vos ', of December 8, 1897, t--ncerniug ' the understanding ratified by the li.'gi.-lature of Manitoba,' of which the hoa. the fiecrei.^ry o£ State speaks: ' The law which they have passed to repair the inju.-y is defective, unsuitable. Insufficient. The Cathilics a,sk, and no one can deny that they justlj ask, foi much more In a word, t^e rights of Catholics and the education of their children have not been suffi- ciently provided for in Manitoba.' — (See House of Commons Debates, 1898, column 5338.) 21. Is the government ignorant that the Cana- dian episcopate has pronounced in an unequivo- cal manner upon the value of the Laurier-Green- way arrangement, and has it read tho following declarations: (Translation.) ' (a) A new government replaced the old one, and one day we learned that between it and the government of Manitoba an nnderstandin? had come about, a compromise had been drawn up. ' This compromise was not the restitution of the violated rights, it was not even an ameliora- tion which might bo reconciled with the formal prescriptions of the church. How could the episcopate approve of it? It therefore declared it unacceptable, and the Catholics of Manitoba continued to maintain their own schools at the pr'ce of the greatest sacrifices.' ' The agreement effected between the federal authorities of Ottawa and the provincial gov- ernment of Winnipeg, an agreement to which they would like to give the name of settle- ment of the school question, is declared ' (by the Holy Father) ' defective, imperfect, insuffi- cient, and therefore cannot be accepted as an equitable solution of the quef.don. It is, there- fore, with reason that that agreement has been repudiated by the episcopate, and that the Manl- toban minority would not submit thereto." — (Pas- toral letter of Mgr. Begin, dated January 6, 1898.) (See also House of Commons Debates, 1898, column 5342.) ' (b) The negotiations which have taken place between the local authorities of Winnipeg and the federal authorities of Ottawa, have ended in an understanding which is given as the settlement of the grave school question. First of all, I protest against this word settlement. In a question in litigation, nothing is settled If the two interested parties do not agree at all between themselves. ' What is the contract that it is wished to Impose upon us? ' The sum of the eight articles concerning re- ligious instruction is the official proclamation of the principle of common and neutral schools. Let me tell you immediately that common and neutral schools have been condemn- ed by the church No Catholic, therefore, can approve of these schools unless he wishes to separate himself from the centre of unity.' — (Sermon of Mgr. the Archbishop of St. Boniface, dated November 22, 1896.) '(c) As you know, quite as well as I, in spite of so many emphatic promises, the Manl'oba school question has not been settled at all ac- cording to the rights of honour and justice. The understanding come to between the repre- sentatlve'o of the central government of Ot- tawa and of the local government of Manitoba Is only a sacrifice of the rights and interests of our co-religionists of this province, without an acceptable compensation. Also, have not the terms and conditions of this understanding, which is only a cowardly and shameful capitula- tion, accomplished in the shadows and in secret, been revealed to the public when its authors had acquired the certainty that the enemies of our religion aud of our race would aid them to impose upon a minority which had been per- secuted and despoiled for six years past. . . . Let It suffice me to draw your attention to the fact that the pretended settlement of the Mani- toba schools question does not mean anything definite, but the criminal sanction of the estab- lishment for the Catholics of this province, " of neutral schools," which the Holy Church has always repudiated and condemned.'— (Circular of Mgr. Blals, Bishop of Rimouski.) ' (d) Like my venerable colleagues, I do not hesitate an instant to disapprove of it absolutely myself (the Laurier-Greenway settlement), and I ': add, with Mgr. Begin, that no bishop will or can approve of the so-called settlement of the Mani- I toba schools question, which is not definitely I based upon anything but an unjustifiable aban- ' donment of the best established and the most sacred rights of the Catholic minority.— (Circular f f Mgr. Laflfiche, bishop of Three Rivers, Febru- ary 11. 1897.) ' (e) All the bishops of Canada, after receiving the encyclical, ' Affari Vos,' unanimously repu- diated and denounced the Laurier-Greenway ar- rangement in the terms employed by Mgr. I Begin.' ! 22. Does the government not know that In a I memorandum prepared for the Holy See by the Hon. Sir Wilfrid Laurier, and signed by I him, and bearing date November 23, 1896, it is written: ' The population of Manitoba at the last cen- sus was 152,506, of whom 20,.571 were Catholics, disseminated over ninety municipalitie':.' — (See House of Commons Debates, 1898, column 5378.) And is the government ignorant that out of these 20,571 Catholics of ninety different munici- palities, only forty-one Catholicii have made known their approval of the present Laurier- Greenway settlement in a document produced before parliament, whilst the Catholics of Winni- peg, Ste. Pierre Joly, Ste. Anne des Chftnes, St. Charles, Lorette, Ste. Agathe. &c., have made ird'gnant protests and passed resolutions con- demning the pretended arrangement, copies nf which protests and resolutions have been laid upon the Table of this House. — (See Document No. 35, second session, eighth parliament, 60-61 Vict, 1897.) 23. In the face of multiplied condemnations, does the government really think that an ar- rangement to which the Catholic minority has not even been a party, but which was concluded without its necessary participation, without its knowledge, and contrary to its Interests, can be considered as an arrangement putting an and to the ManUoba schools difficulty, as the gov- ernment, by the mouth of the hon. Secretary of State, has declared It to be? 24. Cannot the present government, which has regarded neither pecuniary sacrifices nor the more severe sacrifice of human lives, when It was a question of causing a coercive policy to be adopted, and imposing by force of numbers on a South African people the obligation to grant British subjects advantages which tbey did not have, now find the moral sense, the energy and the means, and can it not submit itself to the imperative duty of impcsing upon those who violate the treaties and misuse the constitution the obligation of respecting both, by granting the British subjects established in Manitoba the exercise of their religious rights, and especially of granting to fathers of families the sacred right of bringing up their children and having them instructed in conformity with the dictates of their consciences? 25. Does the government wish to continue to ignore the decrees of the Privy Council in Eng- land and the obligations or the remedial order, which exist In all their force and fulness, or does it Intend to put them in force in accord- ance with the promise so to do, solemnly made to the electorate by him who is to-day Prime Minister of this country, and upon whom is in- cumbent the duty of safeguarding the rights of the mincrity and not prostituting the honour and dignity of the Crown? I may also put the second c[ lestion now, since it relates to the same subject : 1. Did the Governor General in Council, on the 21st March, 1895, render judgm3nt upon the appeal brought before his tribunal by the Catho- lic minority iu Manitoba, and is that judgment known under the name of ' The Remedial Order ? ' 2. Did not that Judgment order the legislature of Maaitobu to do justice to the recognized grievances of the Catholic minority of that pro- vince ? 3. Has the legislature of Manitoba complied with that judgment, and has it remedied the grievances of the Catholics? 4. If justice has not been rendered to the minority Injured in its rights, does the govern- ment intend to exact that the judgment rend- ered shall be executed, and is It going to take the steps to have It executed? 5. The case v.-hich this school question cause to rise having been appealed to the Federal tribunal, and a Judgment having been rendered by that tribunal, is it not precisely upon that tribunal and upon no other that the obligation falls of causing its Judgment to be respected? 6. When is thfi government going to cause the constitution and the Judicial decrees to be re- spected, and when will the federal government, which, by law, is constituted the protector of the rights of minorities, treat this school ques- tion from the point of view of right and duty and not at all as a question serving as a stepping stone for certain politicians ? Hon. Mr. MIDLS— I intend that the an- swer which 1 shall give the hon. gentle- man shall be an answer to the series of questions which he has put and also to those questions which are still on the paper to be put to me, as they relate to the same sub- ject and in order that there may be no misapprehension as to what my answer Is, I shall read It to the House for its Informa- tion. It is as follows : The hon. senator has put to me a very long series of ques- tions containing a great many details. These questions do not relate to matters of infor- mation that are within my special keeping, or within the special keeping of the govern- ment, but with regard to what has trans- pired in the legislature of Manitoba, In the parlliiment of Canada in former times, In the Judicial Committee of the Privy Coun- cil, and in the Privy Council of Canada. The hon. senator, i think, entirely misap- prehends the law of parliampnt In respect to questions put to ministers of the Crown. Sir Erskine May, in his * Parliamentary Practice,' says : ' Questions addressed to ministers shall relate to the public affairs with which they are officially connected, To proceedings pending in parliament, or to any matter of administration for which the minister is responsible.' The questions which tne hon. senator has put, do not come within any of these provisions of the law of parliament. If the hon. gentleman is not satisfied with the settlement of the school question In Manitoba, he may, upon a substantative motion, bring the matter before the Senate for discussion. This he has not chosen to do, but to put a series of questions to me, as if I were a witness summoned before him for examination, compelled to answer ques- tions relating to matters that are not before parliament. The matter about which the lion, senator makejs irquiry in this long series of interrogatories, is one which led to a very great deal of acrimonious Uls- cussion, and to not a little political excite- ment; and as I am not seeking any offi- cial appointment at the hands of the hon. senator, nor do I know that any member of the government Is, It Is not necessary that I should undertake to pass an examina- tion upon the list of questions which he has submitted to me, and to which he de- mands an answer. Every, member of this House, Including the hon, senator, knows something of the discussions that took place on the question of separate schools In Mani- toba just as well as they are known to the government. The hon. senator has made long quotations from various speeches and papers, whether accurately made or not, I do not know. Nor is It at all my duty to inl he ac| ad ai ofl ml It| ni pc as tv se Inquire for the purpose of answering the hon. member's question. The hon. senator Icnows what the line of action, which was proposed by a former administration, was. He Bays that it was approved of by a majority of the members of the House of Commons in 1896. That may be so. But it did not become law. It was made an issue in the elections, and upon that issue those who favoured the policy which the hon. senator favours were, as a ministry, defeated, and a majority re- turned favourable to a different mode of settlement. The hon. gentleman ignores the fact that Sir Charles Tupper has said on this subject : ' Undei' these oircumstauces, as I say, I And that I »ittached much greater importance to this question than the result ol' experience has shown to belong to it.' Sir Charles Tupper, after the elections were over, also said that he was defeated by the division of his own party on this question, and that ' a large section of in- dependent, intelligent, able men all over the Dominion thought that the government had taken a wrong step, and,' be added, ' I am not going into that question to-night, because it is a dead Issue, and is past and gone, therefore there is no occasion to go into it.' The hon. leader of the Conserva- tive party, in stating that it was a ' dead issue,' also intimated that he was not going to fight for a policy which those who were affected by it did not sustain him in pur- suing. In August, 1896, Mr. Taylor, the whip of the Tory party, at Owen Sound, said, ' the Conservative party is now through wirh re- medial legislation.' He said: 'That the circumstances of this campaign were differ- ent from the last, as the Remedial Bill was no longer a part of the Conservative policy. Sir Charles Tupper had sent word by him to this effect to the electors of North Grey: That good feeling had now been restored between Sir Charles and Hon. Clarke Wallace and the other anti-remedial Con- servatives.' And the Hon. Clarke Wallace ' said on the same occasion: ' It has been announced that the erroneous policy of forcing separate schools on Manitoba had been abandoned. The gentlemen who lent themselves to this policy were seeing the errors of their ways. He was rejoiced to know It; he would take them back into the Conservative party, and fu.sed his help. The hon. minister may laugh, but Is there any reason In that laughing ? Does he find bis smile an in- telligent one ? Hon. Mr. MILLS-Yes. Hon. Mr. LANDRY— I am happy to hear that the hon. Minister of Justice Is judge In hia own case and that he finds when he laughs that his smile is very intelligent. If any one else does not give him that certifi- cate, at least he finds in Ills conscience suffi- cient to tell him that he is intelligent. Where are the others who will find his similes so in- telligent ? I tell the hon. gentleman that the stand taken to-day by the ministry will be ics own condemnation. They know they 'have not settled the question. They know they have refused the opportunity they had in their life to remedy the injustices perpe- trated against the OathoiUcs of Manitoba. The hon. gentleman might rise once more and recite one of the chapters of the book ihe has written on the Ti'ansvaal. He may boast of the willingness of his go^'ernment or of the country to run to the Transvaal and take up arms and tight for the Uitland- ers there. But we have Uitlandei-s here in Manitoba, and before going abroad to find •grievances to be redressed why did not the government settle similar matters in this country ? I was very much amused the other day when the hon. minister said that a burgher had been condemned to pay a flue because he whipped a man. but that the government had taken money out of the public treasury to pay the fine at the ex- pense of the public. But what do we see in this country ? Nothing else, or nothing less, when the ministers of the pre^^ut ad- ministration are found remitting fines to persons who have violated the law of the Inland Revenue ? When they are remitting such fines what are they doing ? They are taking the public money to sup- port their ofwn ifrlends and why ? Why should a man who is writing history, who Is supposed to have the calm Judgment of a historian, should come here and make out a great case against a foreign government when he Is doing precisely the same thing ? I hope that the government will aee its way to do justice. I hope against all hope that the government of the day, containing per- sons who, one day, pretended themselves so devoted to the interests of the minority, as the hon. Secretary of State, the hon. Prime Minister and the Minister of Public Works, did on more than one occasion will find out what are their present obligations and will be able to fulfil them. Let us all hope that if ever again a man like Sir Charles Tupper offers to aid them they will not coonmlt the blunder to refuse such a help. In 1896, when the present administration came to power, they were offered the best oppor- tunity to settle that school question Imme- diately and for ever. Sir Charles Tupper had made of that school question a plank of his platform when he went before the people. The people who elected the sup- porters of Sir Charles Tupper hac' elected men who were naturally disposed to settle that question as the law o£ the country in- dicated, and these hon. gentlemen all were in the House of Commons, when Sir Charles Tuppei- offered his support and the support of his party to settle that question. Not a dissenting voice was heard. 1 say that the government of the day committed the greatest fault they could commit, in not accepting the aid of Sir Charles Tupper and of his party to settle that question defl'^itely. The question is not settled, and it will not be settled if justice is not done to the mi- nority. It Is because they are a minority and have rights tliat tlie majority Is bound to give them full protection. I hope that the people of this Dominion will see, not only by the events which have taken place, but especially by the answer given to-day by the hon. Minister of Justice, that no justice whatever will ever be rendered to them by the Liberal party. Such is the puhllc de- claration, made In this House to-day, by a man who Is not, as his title should Indi- cate, a distributor of justice, hut who Is degrading his position In playing the mean game of party interests.