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Public Funding of Ontario Catholic Schools: To Caesar What is Caesar's and to God What is God's

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Date

2020-07

Authors

Bustos, Andres Urrutia

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Abstract

Section 93 of the Constitution Act 1867, the linchpin of the public funding of Catholic schools, conferred the right to public funding to Catholic schools (and Protestant schools) to protect religious minorities and to secure the Confederation. Since then, Catholic schools in Ontario have enjoyed this exclusive privilege despite the fact that Catholics are not a minority anymore and that Canada has evolved toward a secular, multicultural, and human rights based society.
Section 93 has perpetuated this discriminatory practice by a loophole that pits Section 15 against Section 93 of the constitution. Contrary to popular belief, the abrogation of Section 93 can be accomplished through a straightforward legislative enactment, which has not been carried out due to a combination of political and societal factors, rather than legal and constitutional obstacles.
It is very difficult to expect that any politician in Ontario will advance a proposal to abrogate Section 93 when a substantial part of Ontario’s population still supports Catholic schools or their public funding; this is despite of polls showing that rejection for continued public funding is marginally superior to its support and despite the difference in academic performance between secular and Catholic schools being less than 7%. Therefore, the proposed “ecumenical” public schools herein may serve as a temporary compromise or as a first step to the complete secularization of Ontario’s education system.

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Ontario, Catholic Schools, Section 93 of the Constitution Act 1867

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