By Deacon Eric Gurash
The Supreme Court of Canada has dismissed the application of the public Good Spirit School Division’s leave to appeal. This decision confirms the unanimous decision of the Saskatchewan Court of Appeal in March of last year, which sought to limit funding for those who attend Catholic schools in the province while lacking a Catholic certificate of baptism.
The case has been navigating the court system since 2005 when the Good Spirit School Division asked the Court of Queen’s Bench to rule on whether or not the re-opening of the former Theodore Public School in Yorkton as a Catholic school violated certain charter rights.
Their initial argument was based on the premise that the new St. Theodore Catholic School served more non-Catholics than Catholics. In April of 2017, Justice Donald Layh agreed, ruling that The Constitution Act did not provide a right to separate schools to receive government funding for non-Catholic students. This decision was overturned by the unanimous decision of the Saskatchewan Court of appeal. Good Spirit later filed for leave to appeal before the Supreme Court of Canada, a request that has been denied by the court today.
“We are relieved and reassured by this decision, and we believe it can be considered a victory for both religious and parental rights and freedoms,” said the Saskatchewan Catholic School Boards Association in a statement released earlier today. “This decision definitively confirms what we have said and believed all along: parents know what is best for their children and they should be able to choose Catholic, faith-based education if that is what they want—no matter their reasons, faith backgrounds, or traditions.”
The statement goes on to express thanks for the generosity of donors whose assistance funded the significant costs of the appeal process and allowed education funds to remain in the classroom.
The full SCSBA statement can be read here:
For additional background information on the Theodore Case visit https://opencatholiceducation.ca/
