Chapter I: Front Matter

ADDRESS

DELIVERED BEFORE THE

QUEBEC CANADIAN CLUB

AT QUEBEC

TUESDAY, MARCH 28th, 1916

BY

The Honorable N. A. BELCOURT, K.C., P.C.

BILINGUALISM

QUEBEC THE TELEGRAPH PRINTING CO.

1916

ADDRESS DELIVERED

BEFORE THE

QUEBEC CANADIAN CLUB

AT

QUEBEC

TUESDAY, MARCH 28th, 1916

BY

The Honorable N. A. BELCOURT, K.C., P.C.

Gentlemen of the Canadian Club:--Your president has asked me to address you this afternoon in the English language. It is with great pleasure that I received this invitation and that I avail myself of the privilege of speaking to you in that language with regard to the very troublesome, somewhat distorted, and certainly much misrepresented school question in your sister province. First of all, I wish to assure you that I shall not make a speech. I desire, in as simple and lucid English as I can command, to endeavor to explain to you the difficulties of that school question, addressing myself preferably to your intelligence, rather than to your hearts.

I want, if I can, to enlighten you as much as possible with regard to this school trouble, a trouble which unfortunately is not a new one for us in Ontario, which we have had many times in the past, and which I am none too sure we shall not have again in the future. This time, as you know, it has broken out over the notorious regulation No. 17. That has been the center of the storm, and until the question it has raised is solved it must, I am afraid, continue to be a storm center. I want to tell you what is the real meaning, what is the object and what will be the effect of this regulation. I am going to give you concrete evidence of everything that I propose to tell you.

Let me tell you also that I will do so with the greatest care and moderation, and, whilst I feel strongly, as you may imagine, upon this question, I am going to suppress my own feelings and make a calm and dispassionate analysis of the question. I will leave it to your intelligence and to your own sympathy to decide what course of action each one of you individually may feel called upon to follow.

Regulation No. 17 has been designed, enacted and enforced with no other object than the gradual proscription of the French language in the primary schools of the Province of Ontario. I say there is no question about that, and if anyone of you will take the trouble to follow me closely, and afterwards, if any doubts remain about the matter, and you will take up the regulation and study it carefully, I am sure you will agree with me.

The regulation treats of the use of French in the primary classes in Ontario in two ways: First, as a means of instruction or communication; and, second, as a subject of study.

Now, as a means of instruction, that is, as a medium of communication between the teacher and the pupil, the use of that language in all schools, in all classes, at all stages, and on every subject is limited to where, in the opinion of the Chief Inspector of the Province, IT IS NECESSARY. In other words, as a medium between the teacher and the pupil, the French language cannot be used with French-speaking children to impart to them any information on any subject whatsoever, unless the Chief Inspector has previously decided that in the case of each particular child the use of the French language is absolutely necessary because the child does not understand enough English to receive instruction in that language. I say without hesitation that if anyone of you will read regulation No. 17 you will come to no other conclusion than that.

And you can imagine how impracticable and impossible it would be for the Chief Inspector, with all his other duties, to examine each individual child in the hundreds of schools in the Province of Ontario to ascertain if such child understands the English language well enough to receive instruction in English.

Now, as a subject of study. As a subject of study there is a distinction to be made between the schools which were in existence prior to the enactment of the regulation, and the schools subsequently established. That is, prior to the month of June, 1912, the use of the French language as a subject of study was confined to begin with to the elementary subjects of reading, composition and grammar. In the schools then in existence, subject to the approval again of the Chief Inspector, these subjects may be taught to the French Canadian children whose parents demand that they shall be taught those subjects. The maximum time fixed is one hour, but the Chief Inspector may increase that by special order given by himself. But in all cases, let me repeat, these subjects cannot be taught for one hour or one minute to any French-speaking child in any class, in any school in Ontario, unless the Chief Inspector has pronounced upon each individual case. I said a moment ago that the time is limited to one hour, but he may make one minute if chooses. With reference to the use of the French language, whether as a means of instruction and communication, or as a subject of study, the decision of the Chief Inspector is in every case final and conclusive. There is no appeal.

I told you a moment ago that I would endeavor to give you concrete evidence of what I say.

The regulation, as I have said, was promulgated in the year 1912. There were then hundreds and hundreds of separate schools in Ontario--corresponding to your dissentient schools in this province--where French had been a subject of study, where French had been used as a means of communication. And the permission to use French as a subject of study, as I have already explained, is confined to these schools. In all schools established after the month of June, 1912, the French language is banished at once, completely and forever; and I propose to prove it to you in a very conclusive way.

In the Green Valley case, in the county of Glengary, was a case brought by Scotch-Catholic rate-payers against the Roman Catholic school trustees because during one hour of the day the teacher, who was a French-Canadian, taught in French for fifty minutes reading, grammar and composition, and gave ten minutes to catechism in French. An action was taken for an injunction, and the court granted the injunction. It was proved in the case that about seventy-five per cent of the rate-payers and seventy-five per cent of the pupils were French-Canadians. The injunction was granted and when the trustees continued to employ this system they were called up before the judge on a charge of contempt of court, with an application to commit them to imprisonment. The judge ordered that each of them should pay a fine of five hundred dollars, not because they had taught French reading, grammar and composition for fifty minutes each day, but because for ten minutes of each day catechism had been taught in French to the French-Canadian pupils. Now, Catechism is something that is always taught in a Catholic separate school. That is the very principle--that is the reason why separate schools were established by law. So you will see the extent to which French is prohibited in Ontario under this regulation.

Now, with reference to the use of the French language as a subject of study in the schools since 1912 we have had several complete and authoritative demonstrations of the meaning of the regulation. In the City of Windsor there were in 1912 three Roman Catholic Separate Schools, namely, the "Sacred Heart," with 45 per cent, "St. Francois," with 65 per cent, and "St. Edmond," with 85 per cent of French speaking Catholic pupils. Prior to 1912 French was a subject of study in the Sacred Heart school only. French has continued since 1912 to be a subject of study in that school. Prior to 1912 there was no French taught in St. Francois and St. Edmond School; since 1912 the trustees of these two schools have applied to the Department, for permission to teach French in these two schools for one-half hour in one of them and for one hour in the other. The following letter from the Department peremptorily denies them the right to have even one minute of French in these two schools:

Catholic Separate School Board.

Windsor, Ontario.

"The Minister of Public Instruction requests me to
acknowledge receipt of your letter of August 8th, and to
say in answer that he has studied the subject carefully and
finds that the regulations of the Department of Education
do not allow French to be taught as a subject of study in
any of the separate schools of the city of Windsor, with
the exception of the Sacred Heart School. Consequently,
with a reasonable delay, you will make such changes in the
organization of your school as may be necessary under this
regulation."

This letter was signed by Mr. Colquhoun, Deputy Minister of Education in Ontario, and is dated October 31st, 1914. Now, the other day the acting minister of the department, the Hon. Mr. Ferguson, published a long statement covering nearly two pages of newspaper, explaining this matter. With regard to this particular case, concerning the schools in the city of Windsor, his answer was, I respectfully submit, unworthy of himself, unworthy of the province, and especially unworthy of the great subject of education. His answer was that the children of the French-Canadian parents at Windsor had not been refused anything to which they were entitled under regulation 17. That was his answer, begging the whole question.

May I now give you a very independent and impartial opinion as to the effect and nature of this regulation? Within a year after it was promulgated and sought to be enforced, the six inspectors appointed by the Government, for the very purpose of enforcing the regulation, were called to Toronto by the Head of the Department of Education, to make a report of their findings after the regulation had been in force about a year. The six inspectors were three English-speaking and three French-speaking inspectors. They met in Toronto, and, after comparing notes, made a unanimous report to the Minister of Education, and please remember that this report and the investigation from which it arose were both made at the request of the Minister of Education. The report was unanimous. I shall not quote it all, but only a few lines:

"The inspectors agree that the above regulation (17) has not
been effective, for the following reasons:

"IT WAS TAKEN TO MEAN THAT FRENCH COULD NOT BE USED AS A
LANGUAGE OF INSTRUCTION AND COMMUNICATION;

"IT WAS REGARDED AS AN ATTEMPT TO GRADUALLY ELIMINATE THE
FRENCH LANGUAGE FROM THE ENGLISH-FRENCH SCHOOLS."

That is not my statement, remember, gentlemen, but the unanimous statement of three English inspectors and three French inspectors charged with the duty of enforcing this regulation.

Naturally the French-Canadians of Ontario, of whom there are 250,000, who have in the past enjoyed the right of teaching their language to their own children, promptly and strongly resented all this. But they have not been the aggressive and turbulent agitators which they have been represented to be. On the contrary, they took the constitutional means of going to the Department about the matter. Memorials, representations and calm and dignified protests were made. Delegations were sent to Toronto. On one occasion the chairman of the Ottawa separate school board went to Toronto as the representative of most of the different separate school boards throughout the province. Nothing came of it. Sir James Whitney told them that he was not going to establish RACIAL SCHOOLS in the Province of Ontario, whatever the meaning of that may be. He sought to make them feel that he looked upon the use of French in the Ontario schools as introducing racial schools.

Gentlemen, I have to touch on these points very briefly because I know your time is precious, and I do not want to trespass upon your indulgence. I might say that such litigation followed. However I do not propose to go into that as I do not know that much profit could be derived from it in the time which you have kindly allowed me.

Then this statute was passed last year, of which we are now asking the disallowance, and I am going to speak of that briefly. I am sure you have heard something of the petitions which have been circulated, not only in the Province of Ontario, but also in Quebec, calling upon the Dominion Government to disallow this statute passed in 1915. The statute has two effects, the validating of regulation 17, which in the meantime was being tried in the courts, and the purpose of establishing the Ottawa Separate School Commission, of which I have no doubt you have also heard.

The act takes all the powers from the Roman Catholic Separate School Trustees elected by the Roman Catholic rate-payers and confers them upon the Commission. This Commission--which I shall not qualify, but which I shall describe--was composed of three gentlemen, Mr. Denis Murphy, Mr. D'Arcy McGee, and Mr. Charbonneau. The first two being Irish Catholics, and the other a French-Canadian Catholic.

The Roman Catholic population of Ottawa is composed of nearly 50,000 people, of whom about 33,000 are French-Canadians and about 17,000 are Irish Catholics. As I said, the Government appointed two Irish Catholics and made one of them chairman, the other vice-chairman, and Mr. Charbonneau simply a member. This commission was vested with all the powers which the board of elected trustees had the statutory right and the duty to administer. You can imagine, gentlemen, how efficiently these schools could be conducted under such conditions and with such a commission. You can imagine the provocation it was to the French-Canadian population of Ottawa. I should add that one of the commissioners--they are all respectable men--but one was in the unfortunate position of being a license holder under the Government which appointed him. Mr. Charbonneau, or the firm to which he belonged, held a license for the sale of intoxicating liquors. He held his license from the Government appointing him, and this was the man who was going to administer these schools in the capital of Canada. You can imagine the resentment of the people and how difficult--how impossible--it was for such a commission to administer in a proper way the schools confided to their care. The result was confusion worse confounded, and considerable agitation, with the result that to-day there are nearly 5,000 children belonging to the English-French schools of Ottawa who are deprived of an education, and have been so deprived for two months. Their teachers have not been paid some of them for five, ten, fifteen and twenty months. The taxes belonging to the French-Canadian supporters of these schools have been used for the payment of the teachers in the schools attended by the Irish Catholics, schools which have not in any way, at any time, under any conditions being interfered with by the French-Canadian people of Ottawa.

Another result of regulation No. 17 is--I doubt if there is anyone in this room who will really believe me, but I assure you that it is true--let me tell you, gentlemen, that to-day the Germans in the Province of Ontario have and are enjoying, with the consent and participation of the Department, rights that are absolutely denied to the French-Canadian population. I knew you would say "shame." I know no intelligent person will believe this at first, but I pledge you my word that that is the case. I am going to read you regulation 15 so that I shall not be misunderstood. Regulation 15 says: "15. In school sections where the French or German language prevails, the trustees may, in addition to the course of study prescribed for public schools, require instruction to be given in reading, grammar and composition to such pupils as are directed by their parents or guardians to study either of these languages, and in all such cases the authorized text books in French or German shall be used."

Regulation 17 has abrogated this provision with respect to French in all schools established after June, 1912, and with respect to German the matter remains as it was under regulation 15.

Now, what is the case of the French Canadians of Ontario, on what do they rely, on what do they base their claim that French should be used in their schools? By the British North America Act it is provided that the rights and privileges enjoyed by Roman Catholics in the Province of Ontario at the time of Confederation, or by the Protestant minority in the Province of Quebec, shall not be interfered with by the provinces. Subject to these rights the provinces are given absolute power to legislate on school matters. There is the whole question so far as the legal and constitutional aspect is concerned. You have to see what in 1867 were the rights of the respective minorities in Ontario and Quebec. So far as Quebec is concerned, it is not and never was subject of misunderstanding. Everyone has agreed as to what the rights of the Protestant minority were and are, and no one has interfered with them. But it is different in Ontario. I have been there for thirty-two years, and it has always been more or less a subject of discussion and dispute. The rights of the Catholics in Ontario in 1867 were the rights given by the act of 1863.

The first part of the act gave to the Roman Catholics the right to elect trustees to conduct the Catholic separate schools, in other words the right to fully administer the schools. Other provisions of the statute dealt with the right to determine the kind and description of the schools, in other words the right to have schools where both languages would be taught, as it had been previous to 1863. Then there was the right to appoint teachers and define their duties; also to appoint inspectors or superintendents. Every one of these essential things has been wiped out and taken away from the separate schools supporters of the city of Ottawa, not in part, but wholly and completely, and conferred upon Government appointed Commissioners.

Let us see what this means. The questions involved in this controversy are in principle as essential and as important as any question that ever came before the British people. Why, it goes back to Runnymede, when this principle was settled forever--No taxation without representation. The French-Canadians of Ottawa are compelled to pay taxes and they have no representation. They are taxed and have to pay taxes for schools, and yet they have nothing to say regarding the expenditure of their taxes or the conduct of these schools.

What would you say if my good friend, Sir Lomer Gouin, undertook to say to the city of Quebec: I don't like the members that you send to represent you--they don't do things as I like to have them done, and hereafter you are not going to select your representatives, but I am going to name or appoint them for you; or if he arrogated to himself the right to have your dissentient schools conducted and administered wholly not by your elected trustees or Commissioners, but by certain persons chosen by him. Gentlemen, I say in all solemnity that there is no difference between that and the things that have been done in the Province of Ontario. Am I not right in saying that this question should be of the deepest concern to all lovers of British constitutional law and constitutional history?

Now, as to the second point, the kind, number and description of schools.

Prior to Confederation there were French schools--not English-French schools, but exclusively French schools under the Department of Public Instruction in the Province of Ontario. I use that term advisably, because it was so called at that time, although it is now called the Department of Education. Time and again it occurred, with the approval of the educational authorities, that teachers who could not speak a word of English, but only German or French, were employed in the schools of Ontario. There were schools in the Province of Ontario before Confederation where no English was taught, and that with the sanction of the Department. In many parts of Ontario there were schools, many of them, where there was only French, and there were many others where both the English and the French languages were taught. They had French teachers and French inspectors, and French text books. I am referring to this in order that you can fix in your minds what were the conditions in 1867. In other words, what were the conditions which the Act of Confederation, an Imperial Act, has made perpetual in Ontario, as well as in Quebec.

We had these rights in 1867; in what way and when have we been deprived of these rights--on what authority have they been taken away? Absolutely none. There was only one authority that could deprive the Roman Catholics French-Canadians of Ontario of their rights in that province, or the Protestant minority of their rights in the Province of Quebec. There is only one authority, not the Ontario Legislature, not the Quebec Legislature, not the Dominion Parliament, but the Parliament of Westminster. The Act of Confederation is an Imperial Act which no Canadian Parliament or Legislature can in any way affect. The Imperial Parliament has not dealt with the question. If I have made it clear to you that there were rights which were enjoyed in 1867, since those rights have not been touched by the only authority that could touch them--have I not made out an absolute case that those are rights which we had then and still have to-day, and ought to have now and in the future?