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93 of the constitution act 1867 which allows the federal government to intervene only to protect minority schools which are established after confederation apart from that caveat section 93 provides that education is a matter of exclusive provincial jurisdiction provinces and territories with separate schools edit the relevant provision for ontario is s 93 1 of the constitution act 1867 as originally enacted 3 for alberta and saskatchewan the relevant provision is s 93 1 as amended by the alberta act 4 and the saskatchewan act 5 respectively as held by the supreme court of canada in adler v ontario the provincial education power under section 93 of the constitution act 1867 is plenary and is not subject to charter attack as iacobucci j noted it is the product of a historical compromise crucial to confederation and forms a comprehensive code with respect to denominational school rights which cannot be enlarged through the operation of s 2 a of the charter it does not represent a guarantee of fundamental freedoms ontario edit main article education in ontario school boards funded by the province consist of 29 english catholic and 8 french catholic boards as well as 35 non denominational public school boards 31 english public 4 french public there is one protestant separate school jurisdiction in ontario the burkevale protestant separate school operated by the penetanguishene protestant separate school board in ontario this determination was largely made throughout the province by the time of confederation the public school system in the province was historically protestant but was gradually transformed into a secular public system prayer in public schools was banned in the late 1980s by a decision of the ontario court of appeal 6 since the 19th century funding for the roman catholic separate school system was provided up to grade 10 under the british north america bna act in 1984 the government of premier william davis extended full funding to include the last three grades 11 13 oac years of roman catholic secondary schools after having rejected that proposal fifteen years earlier the first funded academic year occurred in 1985 86 as grade 11 and one grade was added in each of the next two years the right to have a publicly funded separate denominational school system continues to be guaranteed to roman catholics in ontario by s 93 of the constitution act 1867 7 the issue of extending public funding to other religious schools was raised by the progressive conservative party of ontario in the 2007 ontario general election however they lost the election and the issue was not raised again in the subsequent election opposition edit the question of separate schools has been most controversial in ontario where the issue of separate schools aggravated tensions between anglophones and francophones both protestant and catholic 8 opposition to publicly funded separate schools continues in ontario where court cases have been filed by groups organized to actively seek to end or limit public funding for catholic schools these groups include oneschoolsystem org and civil rights in public education 9 10 separate school rights have often been criticized as contrary to the spirit of official multiculturalism primarily but not exclusively because only adherents of the protestant or roman catholic faith have these constitutional rights and only in some provinces and territories in addition where separate school systems exist employees or prospective employees who are of the minority faith have more employment opportunities all other things being equal a member of the minority faith can be employed by either the public board or by the separate board while anyone else can be excluded from employment by the separate system on november 5 1999 in the case of waldman v canada the united nations human rights committee condemned canada and ontario for having violated the equality provisions article 26 of the international covenant on civil and political rights the committee restated its concerns on november 2 2005 when it published its concluding observations regarding canada s fifth periodic report under the covenant 11 the committee observed that canada had failed to adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in ontario 11 alberta edit in alberta the extent of separate school education is more limited and there continues to be large areas of the province where separate school education has never been established protestant separate schools are slightly more present approximately 25 percent of children attend a catholic school in alberta with about 40 of the land area of the province is included in separate school jurisdictions there are two protestant separate school districts in the city of st albert st albert protestant separate school district and in the town of st paul glen avon protestant separate school district one anomaly of the system is that the town of morinville has only a public catholic high school part of the greater st albert catholic regional division and no secular or protestant high schools of any kind 12 13 in the province the geographic basis for separate school establishment is the underlying public school district at any time three or more residents either protestant or roman catholic who believe that they are members of the minority faith locally can initiate the process 14 a census must be conducted to confirm that they are in fact the minority faith locally 15 when the census confirms minority status a meeting must be widely advertised the purpose of meeting is to provide a venue at which all of the local members of the minority faith can debate the pros and cons of leaving the public school jurisdiction and creating a separate school district at the end of the meeting a vote may be held on the question of establishment 16 if the majority of the minority vote in favour of establishment the establishment becomes a fact if the majority of the minority vote against establishment it does not proceed the process is civil democratic and binding on the minority of the minority a decision at the meeting against establishment precludes a number of the minority faith who may have favoured establishment from continuing for themselves at the same time any decision against establishment has no term proponents can begin almost immediately to organize a subsequent effort in alberta wherever a separate school system exists individuals who are of the minority faith that established the separate school system must be residents electors and ratepayers of the separate school system as decided in the schmidt decision there is no way by which they could opt to be supporters of the public school system except by leaving the minority faith in saskatchewan and ontario members of the minority faith may choose to be supporters of the public school system notwithstanding their faith northewest territory yukon and nunavut edit section 93 of the constitution act 1867 only applies to provinces not territories instead the right to separate schools is protected in the three territories by the federal acts of parliament which establish those three territories the northwest territories act 17 the yukon act 18 and the nunavut act 19 all provide that the territorial legislatures can legislate with respect to education provided they respect the right of religious minorities whether protestant or roman catholic to establish separate schools provincial abolition of separate schools edit manitoba edit in manitoba the ending of public support for separate schools occurred in 1890 with an amendment to the public schools act this set off a national crisis known as the manitoba schools question in 1896 a compromise was reached between prime minister wilfrid laurier and premier of manitoba thomas greenway called the laurier greenway compromise this agreement did not reverse the 1890 legislation instead it allowed for religious instruction i e catholic education in manitoba s public schools under certain conditions for 30 minutes at the end of each day in response to the compromise pope leo xiii wrote the 1897 papal encyclical affari vos encouraging catholics to accept the compromise quebec edit up until 1997 the quebec education system was also separated with protestant and catholic school boards the system was replaced by a linguistically based secular school system after the passage of a constitutional amendment 20 newfoundland and labrador edit the province of newfoundland and labrador also had a separate school system until 1997 at the time that the dominion of newfoundland joined canada on march 31 1949 the newfoundland schools were all organized on a confessional basis with separate denominational schools for roman catholics seventh day adventists salvationists pentecostals and an integrated stream which oversaw the schooling for children of many members of so called mainstream protestant denominations all of these schools received grants from the provincial government for their operation ownership of the schools ranged from parochial in which case they were owned and operated directly by a church to ownership and operation by a separate not for profit society the constitutional obligation on the province to maintain this system of confessional schools was eliminated by the constitution amendment 1998 newfoundland act 21 following a provincial referendum in 1997 the province then established a single non denominational public school system see also edit canada portal education portal education in canada education in quebec education in ontario references edit catholic schools separate but equal funding september 16 2011 1 2 peter m toner the new brunswick schools question constitution act 1867 s 93 1 constitution act 1867 s 93 1 as enacted by the alberta act s c 1905 c 3 s 17 1 constitution act 1867 s 93 1 as amended by the saskatchewan act s c 1905 c 42 s 17 1 zylberberg v sudbury board of education 1988 canlii 189 65 or 2d 641 52 dlr 4th 577 29 oac 23 34 crr 1 1988 oj no 1488 ql on ca bruce pardy does constitutional protection prevent education reform in ontario fraser institute research bulletin 2016 postrozny peter anthony 1990 let them educate themselves the reform of separate schools in ottawa 1882 1912 m a thesis wilfrid laurier university home oneschoolsystem org retrieved february 20 2026 renton patterson daniel hill award nomination centre for inquiry canada centreforinquiry ca retrieved february 20 2026 1 2 un human rights committee concluding observations canada refworld p 6 retrieved february 20 2026 in an alberta town parents fight for a secular education the globe and mail the globe and mail archived from the original on march 9 2011 parents want secular school archived from the original on march 17 2011 retrieved march 22 2011 establishing a separate school district information package open government open alberta ca p 4 retrieved february 20 2026 establishing a separate school district information package open government open alberta ca p 3 retrieved february 20 2026 establishing a separate school district information package open government open alberta ca p 12 retrieved february 20 2026 northwest territories act archived may 9 2014 at the wayback machine r s c 1985 c n 27 s 16 n ii yukon act s c 2002 c 7 s 18 1 o ii nunavut act s c 1993 c 28 s 23 1 m ii si 97 141 si 98 25 archived 2012 12 08 at the wayback machine external links edit international covenant on civil and political rights oneschoolsystem org significant events in the history of catholic education in ontario canada s human rights history v t e school types by educational stage early childhood preschool pre kindergarten kindergarten primary first school infant school junior school primary school elementary school secondary adult high school cadet college college preparatory school collegiate institute comprehensive school comprehensive high school continuation high school grammar school lyceum maths school minor seminary secondary school high school selective school gymnasium hauptschule sixth form college studio school university technical college upper school tertiary professional school technical school vocational school higher academy college community college graduate school institute of technology junior college liberal arts college research university residential college seminary university collegiate upper division college vocational university combined all through school middle school one room school ranch school by funding eligibility academy england charter school community day school comprehensive school for profit education free education free school england institute private school uk private school preparatory public university private public international selective school separate school sink school specialist school united kingdom state or public school state integrated school new zealand by style purpose alternative school democratic education anarchistic free school sudbury school international school magnet school music school single sex education specialist school vocal school progressive free school movement folk high school laboratory school montessori school waldorf school religious bible college catholic school christian school female seminary gurukula madrasa parochial school pesantren yeshiva by location boarding school day school distance education homeschooling prison education virtual school by scope college preparatory compensatory education compulsory education continuing education further education gifted education inclusive education remedial education special education historical ancient higher learning institutions platonic academy lyceum monastic school cathedral school medieval university historical infant schools great britain ireland global schools imposed on indigenous peoples in canada in new zealand in south africa in the united states informal or illegal in ireland in greece in south tyrol related topics k 12 educational institution schools portal category commons v t e segregation in countries by type in some countries categories overlap religious partition of india northern ireland israel serbia greece and turkey partition of bengal portugal saudi arabia spain bahrain myanmar ethnic and racial bahrain brazil bulgaria and romania bulgaria canada czechoslovakia and hungary dominican republic fiji germany israel malaysia portugal rhodesia apartheid in south africa spain united kingdom united states civil war separate but equal school segregation brown v board of education massive resistance anti miscegenation laws gender islam afghanistan iran saudi arabia judaism sex segregation in public restrooms separatist feminism dynamics auto segregation balkanization ethnic cleansing ethnic federalism bantustan ethnopluralism ethnocracy exclusionary zoning forced migration internment labor camps residential segregation in the united states segregation academy united states social e...