Catholic School Ruling

In April, Justice Donald Layh ruled that the Government of Saskatchewan must stop funding non-Catholic students in Catholic schools as of June 2018. The ruling includes the following:

• “The Constitution Act, 1867 does not provide a constitutional right to separate schools in Saskatchewan to receive provincial government funding respecting non-minority faith students because funding respecting non-minority faith students is not a denominational right of separate schools” (p. 228).
• “Section 17(2) of the Saskatchewan Act, which provides constitutional protection against discrimination in the distribution of moneys payable to any class of school, only protects separate schools to the extent they admit students of the minority faith” (p. 229). 
• “Provincial government funding of non-minority faith students attending separate schools is a violation of the state’s duty of religious neutrality under s. 2(a) of the Charter” (p. 229).
• “Provincial government funding of non-minority faith students attending separate schools is a violation of equality rights under s. 15(1) of the Charter” (p. 229). 

On May 1, Premier Wall announced that the provincial government will invoke the notwithstanding clause of the Canadian Charter of Rights and Freedoms to protect school choice in the province.

If you are interested in sharing it’s perspective on this ruling with SARM, please email comments to the office at rm218@sasktel.net