Maher V. Town Council of Portland - Development of The New Brunswick School System

Development of The New Brunswick School System

Prior to Confederation, the school system in New Brunswick was governed by the Parish Schools Act of 1858, enacted by the government led by Premier 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.

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. The schools were to be non-sectarian, and the Common Schools Act did not contain any provision authorising Bible readings.

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