Honorary Protestants: The Jewish School Question in Montreal, 1867-1997

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University of Toronto Press, Jan 1, 2015 - Education - 514 pages

When the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as "honorary Protestants," based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution's exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue.

In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archival research, it highlights the complex evolution of concepts of rights, citizenship, and identity, negotiated outside the strict legal boundaries of the constitution.

 

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Contents

Constituting Law Constituting Justice in the Jewish School Question
3
Jews Constituting Their Canadian Identity
42
The Origins of the Jewish School Question
60
The First Jewish School Question
95
Section 93 and the Pinsler Case
125
Honorary Protestants in Protestant Schools
157
The Jewish School Question in the 1920s
187
The Jewish School Question Goes to Court
218
Constituting School and Community in Rural Quebec
273
The Jewish School Question Moves West
300
From the Ghetto to Citizenship and Equality under Laws Shadow
329
Democracy Law and the End of the Jewish School Question
360
14 Constituting Canada and the Jewish School Question in Montreal fin
385
NOTES
405
INDEX
501
Copyright

Two Crises and the Jewish School Question 19281931
244

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About the author (2015)

David Fraser is a professor in the School of Law at the University of Nottingham.

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