This Canadian charter to the "University of Kingston" was cancelled by the Crown with the consent of the Presbyterian Church in Canada, and a Royal Charter issued to the "University of Queen's College." By this Royal Charter, Queen's lost the Divinity Professorship which, by the Canadian charter, was to be established out of King's College foundation. The Crown had power to grant a charter but no power to interfere with the funds of King's College, which were subject to the Canadian Legislature.
The Commission[59] appointed by the Legislature in 1839 to prepare a report[60] on education gave a comprehensive account of the condition of schools, but without throwing much new light upon them. The total number of pupils in the District Grammar Schools was still about 300, but the number in the Common Schools was estimated at 24,000, or about one in eighteen of the total population. As to the nature of the schools attended by these 24,000, there is abundant evidence to prove that they were very inefficient. The Rev. Robt. McGill, of Niagara, says: "I know the qualifications of nearly all the Common School teachers in this district, and I do not hesitate to say that there is not more than one in ten fully qualified to instruct the young in the humblest department." The London District Board for 1839 says: "The Masters chosen by the Common School Trustees are often ignorant men, barely acquainted with the rudiments of education and, consequently, jealous of any school superior to their own."[61]
The Grammar Schools had been gradually improving since their establishment, but were still very far from supplying the real needs of the people. They had no uniformity in course of study or textbooks, and were under no inspection. In fact, lack of supervision was the weakest spot in the whole school system.
Lord Durham, in his famous Report,[62] refers to education in Upper Canada thus: "A very considerable portion of the Province has neither roads, post offices, mills, schools, nor churches. The people may raise enough for their own subsistence and may even have a rude and comfortless plenty, but they can seldom acquire wealth; nor can even wealthy landowners prevent their children from growing up ignorant and boorish, and from occupying a far lower mental, moral and social position than they themselves fill.... Even in the most thickly peopled districts there are but few schools, and those of a very inferior character; while the more remote settlements are almost entirely without any."
The Committee recommended better salaries, normal schools for training teachers, British textbooks, an Inspector-General of Education, and a Provincial Board of School Commissioners. Looking at the matter three-quarters of a century later, we can see that really good schools were not then immediately possible. Schools, like everything else, cannot be created at command. They are the result of evolution. Upper Canada College illustrates this. Expensive buildings were erected and capable masters secured in England, and yet the school was not really efficient for many years. The country was largely a wilderness. The people were comparatively poor and their first care was to provide the necessities of life. The sad side to the picture is that there was among the mass of the people so little real interest in education and so little appreciation of its worth. People will never struggle to acquire that of which they feel no need. It seems quite clear, too, that the struggle for civil and religious freedom and equality hindered the development of a good school system. The latter could scarcely be possible before the former had triumphed. The natural leaders of the people and those who by superior attainments and education were fitted for leadership were straining every nerve and mustering every known resource to overthrow a corrupt oligarchy. Even among the spiritual leaders of the people there was no unity of purpose. Instead of working shoulder to shoulder with one another for the moral and intellectual growth of their people, they were in many cases sapping their strength through acrimonious and recriminating discussions of state church, sectarianism, Clergy Reserves, endowment and grants. When once it was finally settled that Upper Canada was to have responsible government and that all races and all creeds were to enjoy equal civil, religious and political rights, it was much easier to lay a solid foundation for the development of efficient schools.
To this nothing contributed more than the Municipal Act of 1841. It supplied the necessary local machinery, working in harmony and in close connection with a central government. It seemed to leave almost everything to local initiative and local control, thus appealing to local patriotism. In reality it gave a central authority power to direct by laying down broad general principles, and it stirred up a maximum of local self-effort by distributing Provincial grants.
Sydenham's first Speech from the Throne to the Legislature of the United Canadas in 1841 referred to the necessity of a better system of Common Schools. During the session the Legislature passed an elaborate Act for this purpose, and although it proved not to be of a practical nature it showed an earnest desire on the part of the Legislature to improve the Common Schools. The Act appropriated £50,000 per year to be distributed among the Common Schools in proportion to the number of pupils between 5 and 16 years of age in each district. It provided a Superintendent of Education for the United Canadas and prescribed his duties. It established popularly-elected Township Boards and passed certain rates to be assessed on the ratepayers.
The most significant feature of the Bill was that it contained the germ which later developed into our elaborate system of Separate Schools. Early in the session, forty petitions were presented asking that the Bible be used in the schools. There was also a petition from Rev. Dr. Strachan and the Anglican clergy asking that Anglican children be educated by their own pastors and that they receive a share of public funds for support of their schools. The Roman Catholics also petitioned against some principles of the Common School Bill then before the House.
These things will probably explain why the Bill as passed contained a clause allowing any number of dissentients (not necessarily Roman Catholics) in Township Schools to withdraw and form a school of their own, and also a clause which created for cities and incorporated towns a School Board, half of whom were Protestant and half of whom were Roman Catholic. The Catholics and Protestants might work together and maintain schools in common, or they might constitute themselves into separate committees, each committee virtually controlling its own schools.
Thus we see that while the Assembly were fighting to break down a system of sectarianism in university education, they were introducing into the Common Schools a policy that led to divisions on account of religion.