CANADA
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CANADA
favour was now transferred to Anglicanism, which
strove to acquire on Canadian soil the position it oc-
cupied in Great Britain. This gave rise to a constant
friction between the two religions, intensified by the
differences of nationality (English and French) and
the relative positions of conquerors and conquered.
Protected by the British colonial rights, by the terms
of surrender of Quebec and Montreal, and by the
Treaty of Paris (1763), the Catholic religion was free
and independent, in spite of the systematic persecu-
tions organized against it in England. It was the
Legislature of Lower Canada that first gave expres-
sion to this principle of freedom of worship now rec-
ognized throughout the Dominion. It stated in 1851
that "the equality before the law of all religious de-
nominations is a recognized principle of the colonial
legislation and that in the state and condition of this
province [Quebec] to which it is particularly applic-
able, it is desirable that this principle receive the
direct sanction of the Legislative Assembly, which
recognizes and declares that it is the fundamental
principle of our social policy. Then it was pro-
claimed by statute "that the free exercise and enjoy-
ment of profession and religious worship without dis-
tinction or preference, but in such manner as not to
serve as an excuse for outrageous acts, nor as a justi-
fication for practices at variance with the peace and
safety of the province, be allowed by the constitution
of this province to all her Majesty's subjects living
therein" (14 and IS Victoria, Ch. 17.5). This liberty,
bo clearly formulated in 1851, had by degrees entered
into public legislation.
Incorporation of Bishoprics. — The Catholics of Cop- per Canada who were in the minority had already benefited by this. In 1S43 the Legislative Assembly drafted a bill allowing all denominations the right of corporation; in this it was declared that the Catholic bishops of Upper Canada, those occupying the present bishoprics then in existence as well as the bishop- rics to be erected in the future, would each form a corporation sole. The Legislative Council rejected this bill. But in 1845 a special act, embodying the same idea, was adopted by Parliament and approved by the Crown, at the request of Bishop Power of Toronto and Bishop Phelan, coadjutor of Kingston. Tins act constitutes each bishop a perpetual corpora- tion, with the right of owning real estate in mortmain without restrictions as to extent or revenue. It fur- ther states that all church goods, buildings, chapels, cemeteries, rectories, and immovable property of any kind, be declared and recognized as belonging ex- clusively to the bishop of the diocese. All this was to apply equally to churches, chapels, etc., which should be erected in the diocese at any future time. Any one holding immovable property in trust for the Catholic Church was to transfer titles to such property to the bishop, who thereby becomes sole proprietor of church goods. He alone can transfer them, with the consent of th" coadjutor and vicar-general, or in their absence, in l he presence of two priests chosen by him. These provisions applied to any bishopric which might U' established in Upper Canada in the future. They are still in force in the dioceses where no par- ishes in, canonically erected though still having churchwardens {margnillii .s), and a board of trustees (conseil ile fnbrique) responsible for the administration of church property.
Therefore, outside of the Province oi Quebec eccle- siastical property is directly under the episcopal cor- poration, though the management of it is in the hands of the parish or resident priest . somet Lmes assisted by a committee of laymen chosen by himself; within that Province its administration rests with the board of trustees of each parish, This board, like any ecclesi-
- body, exercises its administration according to
laws laid down by a higher authority. The civil law
also in clear terms, recognizes these holdings as "things
sacred by their very nature as well as their purpose,
inalienable and imprescriptible so long as they serve
their original purpose" (Cod. civ., art. 1486, 2217).
Church goods comprise in addition to the immovable
property mentioned above (1) the pew rents; (2) the
dues connected with certain ecclesiastical functions;
(3) funds from which is derived the income necessary
for the support of Divine worship and the mainten-
ance of the parish priest; and (4) pious endowments
for educational purposes or the celebration of Masses;
these are res ecclesia? proindeque sub potestate et
jurisdictione ecclesiw constituto?, as expressed in the
Eleventh Provincial Council of Quebec. The parish
priest is at the head of the marguillicrs, and by right
the president of the board of trustees, which cannot
convene without him.
Taxation. — Throughout the Dominion, places of worship and adjacent land used for religious purposes are exempt from taxation. The same may be said of colleges, schools, universities, and educational insti- tutions with their yards and gardens, also any im- movable property and land set apart for charitable purposes. The religious communities in the Province of Quebec enjoy the same immunity from taxes. The laws governing asylums, hospitals, and other chari- table institutions are left to the provincial govern- ments which support them in whole or in part as the case may be. Sometimes the districts or cities in which these institutions are established maintain them entirely or obtain a grant for that purpose from the provincial government. Generally, these grants are in the form of a fixed sum and an allowance per capita for the inmates, though the methods are also used separately. The Federal Government also al- lows a certain sum for each alien received in these in- stitutions. These grants, however, would rarely be sufficient for the support of such houses, hospitals, hospices, homes, creches, and shelters, were it not for previous endowments or the ingenuity and labour of the religious in charge. Many have formed commit- tees of patronesses who by means of entertainments and personal contributions strive to provide these charities with the necessary funds. Similarly, insti- tutions in charge of men have formed committees of patrons.
Wills and Testaments. — The greatest liberty in the matter of wills exists in Canada. A man may dispose of all his goods in any manner he chooses, without any restriction of law. A father may leave everything to one of his children to the exclusion of the rest. He may even exclude them all and leave his property to a stranger. There is the same liberty in the choice of testamentary executors. A priest, even the testator's confessor, may be legally chosen for the office. How- ever the lawful heirs who have been dispossessed may contest the document in court and have it declared null and void, if it is proved that undue influence was used to coerce the will of the testator. These testa- ments are generally in one of three forms: (1) written entirely by hand by the one making the will and signed by himself, when it is called holographic; (2) written in the presence of two proper witnesses, who may be women, and signed by the testator after it has been read to him, and countersigned by the wit- nesses; this is the form derived "from English law"; (3) it may be written before a notary and two wit- nesses or, as it is generally done to-day. before two notaries; or written by one in the presence of the other at the dictation of the testator, and the two notaries or the notary and witness; this is the "pub- lic" or "authentic" will. In case the testator cannot sign his name, mention is made of t his fact at the end of the will and the reason stated.
Marriage- The North American Act has left to the
Federal Government the question of marriage and divorce. (See Divorce, sub-title II, /■ '
pi ii.i, in r. i The solemnization of marriage and ey i rj
