A 16-year legal battle between two Saskatchewan school divisions has come to an end after the Supreme Court of Canada (SCC) declined to hear an appeal of a previous Saskatchewan court ruling.
The SCC issued a brief decision on Feb. 25 that rejected Good Spirit School Division’s application for leave to appeal the Theodore case, which dealt with whether Catholic school divisions should receive funding for non-Catholic students. Good Spirit, based in Yorkton, was the applicant, while the provincial government and Christ the Teacher Roman Catholic School Division were the respondents.
Closing a rural school
The dispute stems from a 2003 decision to close a public school in the Village of Theodore. Residents formed a separate school division to buy back the building and operate it as a Catholic institution. Yet, fewer than one-third of the students were Catholic.
The legal issues between the public and Catholic systems then began in 2005.
The Saskatchewan Court of Appeal ruled last March that provincial funding for non-Catholic students in Catholic schools was acceptable. This unanimous decision overturned a 2017 trial decision, where Court of Queen’s Bench Justice Donald Layh declared that the funding violates “the state’s duty of religious neutrality,” contradicting the Charter of Rights and Freedoms.
The Supreme Court’s decision also means the provincial government will not have to use the Constitution’s notwithstanding clause to protect the funding, as it promised to do.
Catholic education response
“We’re grateful to the court. We are grateful to our supporters. We’re relieved — believe me — that we don’t have to go any further with this court case,” Tom Fortosky, executive director of the Saskatchewan Catholic School Boards Association (SCSBA), told the Express. “Now we’re able to focus our attentions on what we do best, which is educating children.”
Plenty of time, energy and money went into this issue, he remarked. In particular, the SCSBA fundraised to support its case at the Court of Appeal, and later, the SCC. Those efforts generated about $340,000, with the organization spending roughly $302,000. This funding ensured that money did not have to come from classrooms to support the legal fight.
The outcome is a victory, not just for Catholic school divisions but also for parents, Fortosky said. The trial decision erected a barrier for non-Catholic parents who might have preferred faith-based education for their children. The SCC’s decision removes that hurdle.
“Parental choice is the best outcome that came out of this,” he added.
Public education response
Public Schools of Saskatchewan (PSS) is “deeply disappointed” with the decision since it thought its appeal should be heard because its argument was solid and had a good shot at victory, said executive director Norm Dray.
PSS has always supported the Constitutional right for separate school divisions to exist and operate, but it believes they should educate only Catholic students, he continued. Non-Catholic students should attend public schools since the public system accepts and welcomes everyone in an inclusive environment.
“The importance of the case can’t be overestimated. Sure, some resources went into it, but the importance of it must be considered in light of what it means for our province,” Dray said. “We think a public education system that educates all students that come through the doors is a really important thing in a democracy.”
Government’s response
Premier Scott Moe commented on Twitter about the SCC’s decision.
“Our government strongly supports parent and student choice in education, including Saskatchewan’s public, separate and faith-based schools. Last year, the Saskatchewan Court of Appeal ruled unanimously that all students have the right to attend public or separate schools, regardless of their religious affiliation,” he said.
“With (the Feb. 25) news that the Supreme Court of Canada has dismissed the leave for appeal to challenge this decision, we are pleased that we can continue to rely on the previous ruling, which provides certainty for thousands of families in our province.”
