Barrett v. City of Winnipeg

Canada admitted Manitoba as a province under the Manitoba Act of 1870 (the Manitoba Act). The British North America Act gave local legislatures control over education if nothing in the legislation prejudicially affected any right or privilege regarding denominational schools existing at the time of admission of a province to the dominion. The Manitoba Act went further, giving the legislature exclusive control over education but prohibited any law that prejudicially affected education privileges or rights existing in law or practice regarding denominational schools. At the time of Manitoba’s admission, the government provided no public schools. Instead, the schools were nonsecular and taught in English (Protestant) or French (Roman Catholic). In 1890, the City of Winnipeg (the city) (defendant) passed the Public Schools Act (the legislation), a law that would continue taxation on all citizens in support of schools but required the teaching of all classes in English. John Kelly Barrett (plaintiff) challenged the legislation before the Queen’s bench, claiming a violation of the Manitoba Act. The city contended that because no public schools were established at the time of Manitoba’s admission as a province, no laws regarding education existed, and, therefore, no existing educational privileges or rights could be infringed. The Queen’s bench upheld the legislation. Barrett appealed to the Canada Supreme Court.