Supreme Court denies appeal of Saskatchewan Catholic school funding
Supreme Court denies appeal of Saskatchewan Catholic school funding By Catholic Register Staff February 25, 2021
The Supreme Court of Canada dismissed a Saskatchewan public school board’s leave to appeal the Theodore school decision, which enshrines in law public funding for non-Catholic students attending Catholic schools. The Feb. 25 decision confirms the Saskatchewan Court of Appeal’s unanimous decision last March that overturned a 2017 ruling by Justice Donald Layh that sought to limit the funding of non-Catholics in the Prairie province’s Catholic schools.
“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 Tom Fortosky, executive director of the Saskatchewan Catholic School Boards Association in a statement following the release of the Supreme Court decision.
(St. Theodore School/Facebook)
A legal battle over funding for Catholic schools in Saskatchewan appears to be over.
The Supreme Court of Canada said Thursday it won’t hear an appeal by the Good Spirit School Division (GSSD), which was seeking to overturn a decision regarding funding of the school in Theodore.
On March 25 of last year, the Saskatchewan Court of Appeal ruled unanimously in favour of an appeal of the Theodore case. That overturned a 2017 ruling saying it was unconstitutional for the provincial government to pay for non-Catholic students to attend Catholic schools.
The successful appeal meant the current system of public and separate schools would remain in Saskatchewan.
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A Court of Queen’s Bench decision on a local lawsuit could have far-reaching implications for public education in Saskatchewan, and possibly across the country. Last week, Justice Donald Layh ruled on a 12-year-old challenge by the Good Spirit School Division (GSSD) of Christ the Teacher Catholic Schools’ (CTTCS) right to receive funding for non-Catholic students. Layh’s verdict was that the government must stop funding non-minority faith students to attend separate schools. Although the judge acknowledged minority faith, meaning Catholic, education rights are protected under the Constitution Act and Saskatchewan Act, he wrote that the Constitution “does not provide a constitutional right to separate schools in Saskatchewan to receive provincial government funding respecting non-minority faith students.”