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Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 'IF "*€ :zi V Universities and the Bar, A CRITICISM OF TUB FP.OM A FRENCH-CANADIAN STANDPOINT. ^ Mr. Pagnuelo, Q.C, Secretary of the Bm. replies to the goyernors. i-'i sil \ \-- MONTREAL: GAZETTE PRINTING COMPANY. 1837. (_ n Universities and the Bar. '« A CRITICISM OF THE FROM A FRENCH CANADIAN STANDPOIMT. Mr. PiGNUELO, O.C, Secretary of the Bar, replies TO THE Governors. i \ UNIVERSITIES AND THE BAR. A Criticism of the Annual Report of McGill from a French-Canadian standpoint. MR PAGNUELO, QC, SECRETARY OF THE BAR, REPLIES TO THE GOVERNORS. TO THE EDITOR OF THE GAZETTE. Sir, — The Qazette of the Gth iDSt. cod- tainB the aDoual report of McGill univers. ity for 1886, and an editorial thereon,to which I think I am justified in answering. I would not attempt to criticize the doings or opinions of the governors of filcGlil uni- versity, did not that report contain an unfair and UDJastifiable attack upon our French- Canadian and Catholic fellow citizens, calculated to create and to foster feelings of distrust, if not of prejudice, between the dif- ferent races and creeds of our population. The great and extended influence of McGill university all over Canada ; the reputation of its principal, Sir William Dawson, one of the signers of said report with the Hon. James Ferrier, make it imoerative on all good citi- zens, familiar with the facts, to contradict those ill founded statements, as well as the uafair imputations against the majority of the popu- lation of our province. The question concerns superior or university education for the liberal professions of Ihw and medicine The report bitterly complains that the councils of the bar and ot the medical pro- fession contemplate new encroachments upon the privileges of the Protestant universities, to deprive their graduates of the rig'it tbev enjoyed previous to Coofederatiou, to be ad- mitted to the study and practice of those pro- fessions without examination by advocates or physicians. It goes on to state that the examination required by the bar •< is not cal- culated to raise the standard of professional education" ; "it will have the contrary effect, and can only tend to the exclusion of educated men, more specially those of the English-speaking minor- ity, from entering into the legal profession." The report plainly charges the councils of the bar and of the medical profession with depriving Protestant universities of privileges as to examinations, and of transferring them to boards under the control of tho Roman Catholic majority. << In so far as the province of Quebec is concerned, it is believed that the disabilities thus inflicted on the graduates of the Protest- ant universities are contrary to the spirit of ttiat provision of the law of Confederation which guarantees to the Eaglish and Protest- ant minority of this province the educational privileges which it possessed before Confeder- ation, and that si ch action is not within the power of the locrl Legislature. It has been proposed to test this question by sub- mitting a case to counsel, should our prevent appeals to the local Government and Legisla- ture be unavailing." Were Huch a report not signed by Sir Wm Ddwson — who has made for himself the repu- tation of a HeriouH man and a savant — advinod, no doubt, by men competent to xpeak upon the old and actual law regulating the legal and medical profeBHiond, and upon the in- tentionH of the councils of thoRe two profes- Bions, one might be led to believe that the main object of the report was to prepare good ProteHiantH to recpond gonerouHly to the ap- peal for fundB which concludes the report, and also the editorial of the Qazettk. But I cannot entertain such a thought This document is of too much importance not to believe that Sir Wm. Diwson and the board of governors of McQill university are really convinced that the French and Catho- lic mHJ irity are persecuting the tCnglisb and Protetttaut minority. This impression is confirmed in my mind by an article in the Star of March 19th, wherein the same accusations are repealed, and mention is made of an agitation being started in the form of committees, appeals to Protestants, petitions, etc. There is nothing to justify these various statements, and I am surprised that a public institution of the respectability of McOill univenity should make them publicly. I here state: Never have the graduates in arts, literature or sciences of any university, either French or English, Catholic or Pro- testant, been admitted to the study of the law without a preliminary examination by the Bar on their classical attainments. Never have the graduates in law of any university in Canada been admitted to the practice of the law, without having been tir t admitted to study by the Bar examiners ; without having studied with a practising advocate during four or five years, and, tiually, without passing an examination on law before the Bar ex- aminers. Therefore, there has been no encroachment by the council of the Bir in that direction upon (he rights of the English Protestant minoiity such as they existed in 1867, before Confederation, nor upon the rights or privileges of any university, Cttbolic or Protestant. (See the Bar act of 1866 ) Changes have since been made in the law respecting. the lejjal profe>8ion ; but none of the nature meniiont^d in the report of the principal of McQill university; and I am sure that the governors of McGill university — being better informed— will not only re- spect our intentions, but also bear testimony (as all French and Englibh advocates have dono repeatedly) that the effect ot these changes was to raise the standard of classical and legal studies. Instead of four local boards of examiners for admission to the study and practice of law, we have establlxbed one central board for ttie wholu province.in order to ensure an uni- form and higher standard. The preliminary ex>imination is no longer conducted (as formerly) by advocates alone, who admitted themselves incompetent ; it is made by three professors in clansical colleges, who prepare wiitten questions and correct the answers. Advocates assist at the oral exam- ination. A programme for preliminary examination has been adopted defining what constitutes a liberal and classical education. It was adopted unanimously l)und no fault with our organizition, nor with our pro- gramme or curriculum, nor with the said ex- aminers. Some French colleges, however, raised a cry at the time with our curriculum as they were not quite on a level with it. But they never pretended that we were infringing upon tbeir rights or privileges, or that we in- tended to destroy Catholic or Frencti col- leges. Sir William is ill-informed when he says that the Council of the Bar " contemplates further encroachments " on the rights of universities, or when he states that graduates of universities enjoyed any privileges as to admixsion to study or practice of which they have been deprived, or of which it is contemplated to deprive them. I hope the time will come when graduates of universities will be admitted to the study of all liberal professions without further examina- tions ; but in the opinion of the Council of the Bar that time has not yet arrived. Our rules are general and uniform for all univeisities, and as it is considered that degrees are as yet too freely granted in order to avoid anything like dis- crimination, no privilege is accorded to any. The f illowlng past^age of the report is note- worthy : " With regard to the Bar act, it is ■6. <^ • < to be observed that the whole regiilat'oD of <* the examinationH, both for admiSfion to *■ fltudy and admi»>Di()n to practice, Ir trao*^- •■ ferred fr< m the UDiversitiea to the CuudcH "oUhe Bar." It Ih here ioRinuated that the Council of the Bar atiRumeH the contiol of the examiuatiuuH made by the univerRities themNeivep, and thereby encroacheM upon their ri^htR and privMegef. NothioK iit more mlRchievouH and hurtful than such aa ioHinuation, eRpecially when it Ir made to vO-rellKionistR, whoHe feelingH are tried to be moved by Ruch BtaiementB and by others RUch as the following: That thepe infringementR on the rightR of the minority ■■ only tend to the ex- clusion of the EngllRh Hpeakiiig minority from the profeRnion,'' " that, Protectant uni- verRitiea have a light to decide for tbemeelveR the course of study adequate fir a degree; " " that it in unjuRt to hand over the educational rights of ProtentantR to a council of whom all may be,and the mHJority must be, Roman Catholics, etc " We are told that reso- lutiona embodying these piopositions and t>ther6 of the same nature have been adopted by the corporation or a commi tee appointed by the corporation of McGill universitv (it ic notclear which), and forwarded to the Council of Education iSiar 19th March.) "It is said," adds the Star, " that the effect of such changes as have tnken place and are contem- plated, will b'^ to kill completely Protestant education in Quebec, at least to Quebecers " It is surprihing that such things should be writ- ten by the bead ot the h'ghest educational in- stitution of the English Protestant minority I have to again repeat that graduates of col- leges and universities have uever been ad- mitted to the study or to the practice of the legal profession without a previous examin- ation by the Bar. It is not easy to deprive universitieH of rights that they never possessed. What now becomes of the statement that such a change (which never took place) was to kill Protestant education ? Universities and colleges are and still re- main masters of their course of Htudies ; of their curriculum ; and of their exuminatinoR To insinuate that the council of the Bar de- cides for universities the course of studies adequate for a degree, is most mischievous and as untrue as it is mischievous. Universities are free to giant degrees to whom- soever they please, and with or without exa- mination, just as tbey please. Nobody, outside tbemselve!), thinks of dictating to them their course of studies ; but liberal pro- fessionR are also free to protect themxelves and the public,' and before grxnting any advantage to the poSHesHor of a university degree, they are alsr free to ascertain that those degrees have not been granted to unqu>ilifled persons. I utterly deny that "the cuU'-tllutlon of the council of the bar in the province of Quebec i" such that it must alwa\s have a large ma- j irity of Roman Catholics, and that it might consist wholly ot Roman Catbolic"." Of course, the mBJoiity is French and Catholic, when four-lilths of the members of the corporation are French : but it is a griev- ous mistake to say that the ronhtiiution uf the general council of the B^r is Ruch that it m'ght consist wholly of Romaic Catholics. On the contrary, the mode of election of mem- liers of the council, and of the Board ot Exa> miners is such that the English Protestants liHve always a larger representation than they are entitled to from their number. Wo do, not grudge it. In fact, it never entered into our minds to consider what would be the relative proportion of Enxlish and French ; but as a matti-r of fact — and the question being raised by outsiders, — I may nay that the constitution of the council and of the board of examiners is just the reverse of what it is stated to be by Sir Wm. Dawson. The council of the Bar for the province comprises eleven members, ten of whom are elected by the sections ; the eleventh is the secretary and is elected by the council. There are six sections : Montreal with about 440 members ; Quebec, IGO ; Three Rivers, 32 ; Sherbrooke, 32 ; Arthabaska, 18, and Bedford, 22. The mHJorities in Sherbrooke and Bedford are English. Sherbrooke, with its 32 mem- bers, sends two delegates ; Quebec, with its 160 members (three-fourths of whom are French), sends the same number : and Mont- real, with its 440 members (three-fourths of whom are French), sends no more ; Three Rivers sends 2 ; Bedford, with 22 members, sends 1 ; and Arthabaska, with 18 members, sends 1, Is it possible that the council be wholly composed of Catholics when two of the sec- li'Mjs, out of six, are Protestant ? It may bn observed that Montreal and Quebec generally choose one English delegate out of two. So much for the justice of the appeal to Protestant prejudices. As to the board of examiners the accusa- tion is not more fair. Each of the six sections elects an equal number of exflminerR, to wit : three, 8o that Bfdtord and Uheibrooke el«^ct the tame num- ber as do Montreal and Quebec. The renult Ib that out ot eighteen examiners eight are actually EngUHh. I am Hure that Sir Wm. DawHon would never have signed bia report had be known thenu fiicts. Owa word more about the examinations for practice. The Bar act of 1886 made it lawful for the Oovernor-in-Council to prescribe the univer- sity coutHe of lectures on law, without which the degrees granted by uoiverxitiei would not avail to shorten the time of clerkship. This power has been transferred to the general council of the Bar on the suggestion of the Government itself, who refused to act upon that law. The Council of the Bar has prescribed a curriculum of legal lectures during three years upon each branch. Unless that programme be effectively followed by the university and the student, the examiners may refuse to the graduate the shortening of his clerkship from five to four years. This is what is called by the report an en- croachment on the rights and privileges of universities! 1 Now comes the question : — Was there any leason for such a by-law ? Certainly. All familiar with the question admit that the teaching of the law in most universities in our province was incomplete. Many important branches were not taught at all ; others were taught only in name. I might go farther and say that at least one legal faculty gave lectures only for form's sake to four or five students, who had not more than three or four lectures in a year from each of their three or four professors — or about a dozen in alll Is that teaching? Our by-law requires that the graduated students who claim a year's exemption, fyle certificates of the number of lectures which they hftve followed every year in each branch Uciversities are free to give the number of lectures, and to exact such examination as they please ; they may also grant degiees to whomsoever they like, without hindrance or interference from the Council of the Bar ; but, on the other hand, the Bur is also free to admit into its corporation those only whom they consider properly qualified. This is surely not invading the rights or privileges of others ; it is own rights and privileges. only using one's The McQIII report attributes these encroach- roentH to several education fallacies : ■• One is that examinations alone can raise the standard of education." Not at all. The standard in colleges and Uiiiversities, both. French and EngliMh, munt be raised U> the level of our curriculum, should the colleges and i!ni versifies wish to see their pupils pass the bar examination. •< Another is, that extra academical exam- iners should be employed." My answer is, that for the preliminary ex- amination, advocates have already acknowl- edged themselves incompetent, and have asked the help of three professors of classical colleges. Physicians, I am in a position to state, do the same. As for the examination for practice, all legal faculties are represented on the board of examiners ; and all medical faculties are also represented by their pro- fessors on the board of governors and exam- iners. ■■ A third (fallacy) is that the multiplicatiou of lecures is the best method to raise the standard of education ; whereas it has been proved by experience that this can best be done by the employment of skilled and eminent professors, by the cultivation of habits of independent study, and by the ex- tension of practical work." If I understand well the learned ptincioal of Mctiill university, he means to say that what is wanted is, ou the one band, skilled and eminent professors to teach, and ou the other, students who would work by them- selves. The skilled and eminent professors must teach the working and studious pupils. But how often ? That is the question again. We believe that a dozen lectures given when sixty or seventy are on the programme of the university,or when a hundred should be given, is not enough. The most eminent lawyer or physician will not neglect his practice in order to give gra- tuitous teaching to a few students. He will lecture, when he can, without injuring his practice. He »ill not mind being absent for two or three consecutive months during the wessions of Parliament, should he be a mem- ber of Parliament ; when in town be will lec- ture now and then at his own convenience. Students, after short, irregular atieudances, will cease going altogether. At the year's end no reproach can be mHde to the student without reflecting on the master, aiid nothing is said. All, or nearly all, the students are I Jfclart'd bach) lorf, an>y (ter|Hlmin.i nifairiNt "tbc nuill'plication of lecturnH a* a most lamenlable ediiealiotial /allacif W« hope that all proft'HHorH are skilled and eminent, but that conceruH the utiiverHitieH. What ve requiro ih that the profcHsorH x've the pieHcribed number of lee tiires, and that the HtucirntH uttond tiiem. AtterwaniH our examination will hliow what they linow. For many yearH Kuch a regulation haH been ImpoKed by the Medical acton HludenlH who wish to obtain their liconHe to practice. If Proteutant univerHitiew alone feel that regula- tlon, would it not be a Hign that they most require it ? In Ontario, all law studentR, whether they have graduated or not, have to pasH two ex- aminationH before the bar examinern in order to bo admitted to practice. "The bencherH may malie rules for the improvement of legal education, and may appoint readers and lec- turers with salarien, and may impose fees and prescribe rules /or the attendance of students and articled clerks atf ■' "• idings and lectures.' ' It seems that this is encroaching largely upon the tea ''ng power of universities, and BbowB a great diiSdence in university teach- ing. Would not the forced attendance of students and articled clerks at such readings and lectures kill all university teaching? How is it that our comparatively mild and inoffensive regulations should be so vigor- ously denounced as an encroachment on the rights and privileges of universities, designed to kill Protestant education, in the face of the existing legislation in the English and Pro- testant province of Ontario ? As for the Medical act, and the changes made or contemplated, the charges brought have no betier foundation than those against the Legal act. Formerly each medical faculty or school admitted to study, not graduates, but all who asked to be admitted as stu- dauts. With three medical laculties at that time, in a city of less than 150,000 it may be easilv imagined what competition there was. No unemployed clerk or sales- man was refused ; the least elemnntary in struction was snfllicient The giievance was such that physicians generally called f >r a central board of examiners, without in any way puspecting that they were invading the rights or privileges of universities. As for the license, the Medical col lege granted a license to a university graduate without further ezamiuation, provided the asBessors appointtdby the Medical rollp^e to attend I he i'X>iminationH at each universitv reported favoralily on the examination, and certlHed that ihe riuinl)Mr of lectures prescribed by Uw hati lieen given at the university, and at- tended by the graduates, and that the cur- riculum had been followed. Ttie Council of Physicians has, I under- stand, oidered that all medical students pass an examination before a central provincial board of physicians composed of two re. prexentatives from each medical faculty, and of an equal number from among practising physicians not connected with universttieB. I do not know whether there was any special reason for so doing, but I know of a general one which all recogni le as valid : The Ontario MtMcal act registers no ohysician, '"hether giu . I'te or not, unless he passes an examination .^'ore the Ontario Central Board of Examiuers ; this law ap- plies to graduates of Ontario universlri>;s as well as of Quebec ' "< rersitios. Now, all thn medical p'-ofe^ 'iju asks for, and Sir Wm. Dawson j ns them in this in * 18 report, a recipH)ciiy law between all the provinces, wb^-eby a physician licensed in one province may practice in any other province by simply registering his license there. Such reciprocity is granted by the Ontario Medical act to all who have been admitted tu practice in their province after an examina- tion by a central provincial board. They do not accept as sufficient McQiP'Ror Laval's diplomas, but they would be satisfied with that granted by a central provincial board, such as that now asked by the council of the Quebec medical profession, and which is framed upon that of Ontario. Confidence here is evidently with the central board examination and not with that of the uni- versities. Are not the example of Ontario, and the de- sire of obtaining registration in Ontario for all Quebec physicians, sufficient reasons for the change contemplated without having imputed motives of hostility to any portion of our population ? Such a change would be more in Mc- Gill's favor, perhaps, than * J that of any «>ther Quebec university, on account of the large number of Ontario medical students who attend the lectures of that university. French-Canadians and Catholics of all classes— advocates as well as physicians — have given so many proofs of their respect for the lights of other natioualitieB and V 8 creeds ; and also of their generosity even, as the people of Montreal have been lately re- peatedly told 1.7 the Hon. J. J. C. Abbott, that the governors of McG:!l university are without any exr-use for their ill considered report, or for the baneful agitation they would wish to start. I feel confident that the common sense and spirit of fair play so characteristic of the Eng- lish people will not countenance the efforts now being made to create ill-feeling between races and creeds who live peacefully together, and only want more intercourse to be able to appreciate each other better. As to an appeal to courts of justice, there 's, first of all, nothing on which to base it. In the second place, were it not for the noxious agitation thai would necessarily follow, and the hopeiesftness of the task, I would gladly invite the BIcGill authorities 10 attempt it. I shall only add that th<4 guarantees said to be granted by the Confederation act to the English and Protestant minority in Quebec, under clause 93, only refer to separate com- mon schools existing in favor of the minority in Ontario and Quebec ; and such clause has no bearing on the present question. Apologising for the unavoidable length of this communication, I am, sir, Yours truly, S. PAGNUELO, |- *?• f\ id ly to tie c, 7^ ty as of , 1