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Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 ^?o) $iou$e of Commons debates FOURTH SESSION -SIXTH PARLIAMENT. SPEECH OF HON. EDWARD BLAKE, M.P., ON THE JESUITS' ESTATES ACT. WEDNESDAY, 30th APKIL, 1890. Mr. BLAKE. I cannot say, Mr. Speaker, that it was any source of gratification to me to le.irn that such a motion was to l)e made iis that which is now attracting the attention of the House, nor am I certain, that any good results will flow from a re- newal of the discussion upon the Jesuit (juestion. In the observations I am about to make, altliough as hon. members will perceive, I am obliged to differ from some of the views which have just been expressed by the hon. Minister of Justice ; and I dare say also, to differ from some of the views of gentlemen with wliom I usually act ; I do not desire to say a single word, in a sense which might aggravate any feeling of bitterness which may exist throughout this country with reference to this subject. I have felt from the beginning, that the question should be treated by those on cither side who take opposing views, in a spirit, which I am sorry to say luis not animated a great many of those wlu) have acted on the lines of tlie non. member for North Norfolk (Mr. C^harlton). I have felt that it was a question which was preg- nant with grave and important issues, and I do not deny in the slightest degree, the right, and even the duty, of those who feel as tliis gen- tleman did, to raise and to agitate it ; I believe, however, that it should have been raised and agitated in a diflf'erent tone and in a different si)irit from that which many of them ha\'e evinced, ir any good results -were to ensue ; nay, rather, if great calamities were to be averted. The ques- tions which are immediately before us do not, I think, justify any severe motion of censure on the (lovernment, nor do I think the motion of the hon. member for North Norfolk (Mr. Charlton) is to be considered as such a motion of censure, but ratheras an expression of opinion adversi; to tlie view which the (iovernment adopted in tliis matter. Although I do not think the circumstances would justify a severe motion of censure, yet there are questions of higli consequence involved, upon which there well may be differences of opinion, both upon an important constitutional point which the hon. Minister of Justice has advanced to-night — as he advanced it before in some of the State papers which he has produced upon this sub- V?<^X^ ject — and also upon a point which is certainlj' dis- putable, but I think, also, of greater practical im- portance. That is the (iiiestion of political exiiedi- eney, in the high and proper sense of that term, tlie ((uestioii of policy, wliicli is at issue between the hon. member for North Norfolk (Mr. Charlton) on the one hand, and the Administration on the other. Now with reference to the constitutional point. I am unable for my part to accede to the full extent, to the argument made by the hon. Miiv\iich contained one objectionable provision, invo^'ing tlie payment of a permanent extra allowance to the judges of the Superior Court of Ontario, of some thousands in all. The hon. the Minister, of Justice of that day, the present First Minister, decided that that provision was so objectionable that it nnist go, The then Attorney General of Ontario, a toler- ably firm, not to say an obstinate man, as the First Minister knows, decided that it shoidd not go by his consent. What did the Minister of Justice of that day do ? He stayed his hand; he allowed all the supplies to be paid ; he waited . until after the lapse of the twelve months, of which the Minister of Justice of this day speaks ; and when all the supplies had been paid, the Act remaining vali(l all that time, then he disallowed it. And that clause which contained the provision for the payment of judges in future years, went with the rest of the Act. But the payments were all made, and well made ; and the trifling inconvenience w'.iich the Minister of Justice of this day suggests would arise, is found by practical experience to have no existence what- ever. The hon. gentleman suggested that we are to suppose the case of an Act autliorising the bor- owing of njoney. I say if there is an Act authoris- ing the borrowing of money, and if money is borrowed under that Act, anf the ilay, and having; rej^ard to tlio N|)ecial (ni'cuiiiHtaiiceH of tlie t:ase, I thoiiglit that I was not iniduly takinj; a lilmrty wlien, (hiring last Session, 1 made a eoniinunii'ation to a leading geiitlenian on tlie other side of the Ffonse, anil to a leailing gentleman on this side of the Koiise. On tlie '2()th Ajii'il, 1S,S!), 1 took the liliei'ty of telegra])hing to a leading gtnitleman opj)osite in these terms : " Allow nio to KiiRgoat that the jxihlic interest would bo promoted by parliamentary provision for early ret'erenco to hiKhest available antliorities, of validity of Jesuits' Estates Act. Easily accomplished by arrangement. I have not coinmnnioatod to any one. Please let seo this immediately." 1 telegraphed to a leading gentleman on this side of tlie House, and wrote to Turn later on the same day as follows : — " It has for some time boon prcs.sing itself more and raoro upon my mind that some of those who aro ongaged in tlio tomuntation of the present agitation are taking an undue advuntago by their plan of presenting, as a main elomentof the di.'icussion, their views of the legal ques- tions on the validity of this legislation. They intlamo the public mind in various ways ; and they invite that tribunal so highly inllamed, and at the same time so im- perfectly informed on the legal issues, to adopt their opinions on the latter, and to reach conclusions on tho whole subject largely based on those opinions. In the case of the New Brunswick School Act we recognised tho strong feeling and the deep interest of a substantial minority of the population as a reason for goverminital and parliamentary action towards obtaining an authori- tative settlement of tlie legal question. In the case of tho Temperance Act wo did the same thing, and there aro other precedents. I tliink we might now act with great public advantage on the same lines. Had the complaniants invited sueli action by a motion, I, for one, would have supported it. They have now had every opportunity to invite it ; it has become plain that they do not intend to do so, 15nt their inaetion does not disentitle us to act so as to atl'ord re- lief to the public anxiety they aro creating; nor does it relieve us of our responsibility. There is a special reason for early and unusual action m the shortness of tlie time now remaining before the term for possible disallowance ; though this is not a governing consideration. The aim should be to got tho decisicm, upon nrgunicnt,of the Judi- cial Committee. I know there are difficulties ; but I think, that the representations of the Government, based upon parliamentary action, may over-rule them. At any rate the eftbrt will be useful, Should it fail, there remain tho Supremo Court and tho Imperial Law Officers. I cannot seo any harm that can result from an honest at- tempt to procure a speedy solution of the legal questions ; I see ^reat harm to result from tho continuance of tho situation with these questions unsolved. There is no impropriety in our calling for an authoritative solution, even though we have opinions of our own. The Govern- ment acted on this view in the New Brunswick School case. Assuming the sinceritjf of all the agitators (iind I believe many of them to be sincere) they will all be glad that this question should be put in a train for easy and rapid solution ; though some of them may be sorry that they did not propose tho plan, and may accordingly decry it. My only object is to contribute, if in tho least deproo I can, towards the settlement of questions, whoso agitation, in the temper and spirit now shown in many quarters, seem to mo most lamentable. There are diffi- culties, great enough in our future, difficulties which wc must meet, not shirk. But they demand treatment in a very different spirit from that now frequently evinced, if a. fortunate solution is to be reached. For the moment, it seems to me, the best we can do for our country is to grapple with that part of the present problem, capable of solution by the machinery wo can set in motion. I do not apprehend that tho great body of the Roman Catho- lics, remembering how we acted in the ease of tho New Brunswick school law, would be so unjust as to decline acquiescence in the present proposal. But even in the face of opposition from that Quarter, I would earnestly urge its adoption, in the confident expectation that second thoughts would reconcile them to it; and in tho belief, that whether they think so or not, it is for tho general advantage." That was the view which I took leave to state in the only way which was open to me at that time, a view, I may add, which I have ever since enter- tained, and which I believe siibse(|ueiit events have rendered more clearly evident to be the tine one. Now, the Minister of dustice has adverted to a sjiecialty attending the application which was made by a [irivate individual, 1 think (iraliam by name, for a reference to the Supreme Court, a specialty in respect of which 1 conceive that the; Minister of .justice was entitled to Hpeak--that it was a jiro- positioii to refer the ((uestioii to the Supreme Court after the jieriod fii' di.sallowance had expired. 1 consider that tlio point of tinu! may make a very .siiiious ditJereiice between an earlier and a later pro- position. There are also some other observations made by the Minister of .fustice with reference to that jiarticular proposition from which I do not jiro- pose to dissent. I uo not understand this motion to 1)0, ii/ certainly does not read as being, based ujiou the (juestion of Mr. (Jraham's ajiplication ; it is a general statement as to what, in tin; opinion of this House, the (tovernment should have done. In my o])iiiion, as you will have just learned by what I have read, they slnnihl luivc; done even more than what thin motion calls for. I think, as a (|Uestion of political exjxidieiicy in the true .sense of that term, as a (luestion of policy, it would have been well to invite the Hou.so to take action in the way of seconding, and facilitating, and eU'ectuating the reference, in the way, as I put it last Session, of making parliamentary j)rovisioii for such refer- ence. Having failed to do that, the next best thing, in my o]>inion, was to have rciferred it to the Supreme Court, and in referring it to the Supreme (Jourt, in the circumstaiice.M in which the country was placed, and for the piii'[;osc of obtaining further light within the period renuiiii- ing for disallowance, 1 believe they would have done well, though I think they would have done still better to have adopted the parliamentary course to which I have referred. The lion, gen- tleman has adverted to a report of mine upon an application from New Urnnswick with refei'ence to a local Act, in which the })roposition was from the authorities of New Brunswick, that we should use this particular power to obtain an opinion frcnn the Supreme Court as to the validity of that Act, not at all with reference to the question of disallow- ance, nor for any purpose of the Federal Kxecutive at all, but in order» to obtain a short and easy cut to a decision, by the appellate court, of a (|ues- tion perfectly easy of solution in the ordinary way. So far from the Civses lieing parallel in any respect, they differ in almost every respect. I ha,\'e stated the character and object of that New Brunswick application. But as to this case now in hand, I have pointed out to you that during last Session, and after last Session, the reference of which I speak might have been made by the Executive, of its own motion, or at the instance of ]*arliament, for the purpose to wdiicli I have referred, for the purpose of enlightening them as to the course they should take. And as to the possibilities of there being an easy and rapid mode of obtaining a judicial decision on the case in hand, the Minister of Justice confined his observations, as far as I could gather his argument, to the question of the validity of the Jesuits' Incorporation Act and did not touch the other questions which are suggested. He said that as to that Act there was a method ; that the Attorney General of the Province of Quebec might have been called on to deal with that question, « and that tho Hnciety of JesuR itnelf in a lihol Huit, while it did not riiitiu tho (jueHtion uh to itH iucor- ])oi'atir)n, wiiH yet resisted hy the defendimt who did nuHe it. Hy this time I oelieve, within a (hiy or two, we have had the first decision of a single judge in tlie court of first instance on some ])i'e- liminary stage of the trial of that «ase ; and the decision is in favor of the incorporation ; hut the end is not yet ; and after all that has been done, and all the time which has elansed, the other (jues- tions which have been raised, oe their weight what you jilense, remain untouched by that decision and nicapable, so far as I can see, by any easy process certainly, and not by any process at all that I am aware of, «)f being ever touched. There are several classcH of cases in which provincial legislation may be xdtra virex, and in wliich it is difficult or impossible to prescribe a mode by which the (lues- tion can be tried in the courts, and I believe some of these questions are of that description. Then the hon. Minister of Justice says, tiuit the application to the law officers of tlie Orown has been improperly criticised. I think the phrase wliich the hon. mendier for Noith Norfolk (Mr. (Jharlton) used was not justified by anything I have heard ; I do not understand very well the relevancy of the phiuse clandestine on which the hon. Minister anunadverted. I suppose all that was really meant was, that there should have been a puldic announcement of the fact that this refer- ence was being maile, which, I agree, would pro))- al)ly have l)cen better. I think it would have been l)etter not to have made any mystery about it ; but if the word clandestine is applied in any invidious sense, I am not disposed to concur in that applica- tion. ]Jut, I want to call your attention, Mr. Speaker, to the ground up(ni which the Minister of i] ustice himself says, that it was well and wisely done to get tliat legal advice of the law officers, to which he attaches such high importance, on this (jnes- tion. What was that ground ? It was the state of public feeling, and it was on that account that it was thought important to fortify the P]xecutive by an opinimi. I agree. But, I argue, also, that this very con agitate were concerned ; and whicii, if given in tlie other way, would furnish a just foundation for the exercise of that power of disallowance for which those agitators called. , OTTAWA : Printed by Brown Chamberlin, Printer to the Queen's Most Excellent Majesty.