Separate schools in New Brunswick

Section 93 of the British North America Act of 1867 guaranteed, through federal powers of disallowance, the continuance of separate or dissentient schools only where these had been established by law at the time of confederation. In effect, Catholic schools in both New Brunswick and Nova Scotia were left unprotected.

In April 1871 the New Brunswick assembly began studying a bill to create a system of public schools funded by the state through a new universal school tax. A month later a provision was added to the text, stipulating that the schools governed by it would be non-denominational. Despite the opposition of the Roman Catholic clergy, members of the House of Assembly, and the press, the Common Schools Act was passed by a large Protestant majority. The Roman Catholics, most of whom were Acadians, refused to pay the school tax, even under duress; they sought the help of the federal government, but it decided not to intervene. School reform became the issue in the 1874 election campaign. Appealing to the English-speaking Protestant majority for support to prevent Roman Catholics from getting enough power to change the law, the government won an overwhelming victory.