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''Maher v Town Council of Portland'' is a Canadian constitutional law court decision dealing with the constitutional guarantees for denominational schools set out in section 93 of the ''Constitution Act, 1867'' 〔''(Constitution Act, 1867 )'', 30 & 31 Victoria, c. 3. (U.K.), R.S.C. 1985, App. II, No. 11, s. 93.〕 (formerly the ''British North America Act, 1867''). The issue was whether the ''Common Schools Act'',〔''Common Schools Act'', S.N.B. 1871, c. 21.〕 enacted by the Province of New Brunswick in 1871, infringed the guarantee of denominational schools set out in section 93(1). The court case was part of the larger debate on public funding and the role of the churches in public affairs in New Brunswick. The litigation was triggered by the Legislature of New Brunswick passing the ''Common Schools Act'', which explicitly provided that public schools were to be non-sectarian, open to all, and under the supervision of a provincial Board of Education. Some schools under the previous system had been under the effective control of particular religious denominations, in areas where the adherents of those denominations were in the majority. Opposition to the new school system came from the Roman Catholic Church and the Anglican Church. The case was ultimately decided by the Judicial Committee of the Privy Council in Britain, at that time the court of last resort for Canada within the British Empire. The Judicial Committee held that the parish schools established under the previous law, the ''Parish Schools Act'' of 1858,〔''Parish Schools Act'', S.N.B. 1858 (21 Vict.), c. 9.〕 were not denominational schools established by law, and were not within the protection of section 93(1). The new ''Common Schools Act'' therefore did not infringe any legal "right or privilege" possessed by anyone in New Brunswick at the time of Confederation and was constitutional. ''Maher v Town Council of Portland'' was the first case decided by the Judicial Committee under section 93 of the ''Constitution Act, 1867''. == Development of the New Brunswick School System == (詳細はCharles Fisher. That Act provided for schools to be set up on a voluntary basis in parishes, supported by voluntary financial contributions and tuition fees. Alternatively, the rate-payers in a parish could vote to impose local taxes in support of the parish school, in which case attendance at the school was free to all students. ("Parish" was the term used for one of the forms of local government at the time, rather than as a term of church organization.) As well, the Legislature appropriated a lump sum each year to support the parish schools. There was a Board of Education for the entire colony, composed of the colonial Cabinet, with overall supervision of the schools, but in practice the schools were under local control, often under the auspices of different churches and religious bodies. The ''Parish Schools Act'' provided that the school libraries were not to contain any books hostile to the Christian religion, nor works of controversial theology. Teachers were to impress on the pupils "the principles of christianity, morality, and justice" as well as other moral and civil virtues, but in no case was a pupil to be required to read or study any religious book or participate in any act of devotion. Bible readings were permitted, on direction of the Board of Education, but only to pupils whose parents did not object.〔''Parish Schools Act'', S.N.B. 1858 (21 Vict.), c. 9, s. 8, para. 5.〕 The provincial Legislature enacted the ''Common Schools Act'' in 1871. George King, the provincial Attorney General, introduced the Bill in the Assembly and was responsible for its passage. The Assembly passed the Bill after strenuous political debate, including the adoption of a House amendment requiring that the schools be non-sectarian. The new Act carried forward much of the structure of the ''Parish Schools Act'', but with some significant differences. The supervisory control of the provincial Board of Education was strengthened. School taxation was now made compulsory, not voluntary. Provincial funding was only to be provided to schools established under the Act.〔''Common Schools Act'', S.N.B. 1871, c. 21, s. 58(12)〕 The schools were to be non-sectarian,〔''Common Schools Act'', S.N.B. 1871, c. 21, s. 60〕 and the ''Common Schools Act'' did not contain any provision authorising Bible readings. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Maher v Town Council of Portland」の詳細全文を読む スポンサード リンク
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