32 ROYAL SOCIETY OF CANADA 
would constantly find itself plunged into difficulties. By means of one 
channel of intercourse, however. some order will be maintained in the 
relations between England and the new federation, It is quite true that 
the clause does not say, as it was urged by more than one prominent 
member of the convention, “that the executive authority of the common- 
wealth shall have the right to veto any bill passed by the different states, 
or even to recommend her majesty to disallow such bill;’’ but there"is 
nothing to prevent the governor-general, as an imperial officer, from 
making such comments in his despatches to the secretary of state for the 
colonies as he may deem proper and necessary—indeed it is his constitu- 
tional duty—when he transmits the acts of the respective “states” to the 
queen-in-council for approval or disapproval—all such acts continuing to 
be so referred as at present. Of course the imperial government is not 
likely to interfere with strictly local legislation any more than they do 
now; all they ever do is to disallow colonial legislation that conflicts 
with imperial acts or imperial obligations. It is quite clear that this 
provision is for the advantage of the empire at large and necessary for 
the unity and harmony of the federation. Some means must exist for 
the instruction of the imperial authorities as to the relations between the 
central and state governments, and as to the character and bearing of 
state legislation ; and the governor-general is bound to avail himself of 
the opportunity the clause in question gives him of promoting the best 
interests of the Australian union, 
XI. 
When we come to consider the subject of education—one of the matters 
placed under the direct control of the provincial governments—we see 
again the difficulties that always arise in connection with questions invol- 
ving religious and sectional considerations. In the formation of the con- 
stitution it was necessary to give guarantees to the Roman Catholies or 
minority of Ontario, and to the Protestants or minority of Quebec, that 
the sectarian or separate schools, in existence at the union, should not be 
disturbed by any subsequent legislation of their respective provinces. It 
is consequently enacted in the fundamental law that while the legislature 
of a province may exclusively make laws on the subject of education, 
nothing therein shall prejudicially affect any denominational schools in 
existence before July, 1867. Where in any province separate schools 
existed in 1867 or were afterwards established by legislative authority, an 
appeal lies to the governor-general-in-council from any act or decision of 
the provincial authority affecting any right or privilege of the Protestant 
or Roman Catholic minority in relation to education. In case the provin- 
cial authorities refuse to act for the due protection of the rights of minori- 
ties in accordance with the constitutional law, then the parliament of 
Canada may pass a remedial act for the due execution of the law which 
