Adler v. Ontario
Encyclopedia
Adler v. Ontario, [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada
on the constitutional obligation to fund private denominational education. The Court found that the Ontario Schools Act did not violate sections 2(a)
or 15(1)
of the Canadian Charter of Rights and Freedoms
or section 93 of the Constitution Act, 1867
.
Religious freedom under sections 2(a) and religious equality under section 15(1) of the Charter were used to argue that lack of government funding for Jewish Canadian schools and certain Christian schools in Ontario
was unconstitutional, since by contrast Catholic schools received government money. Catholic schools received funding in accordance with section 93 of the Constitution Act, 1867. The majority of the Supreme Court, however, dismissed the argument, noting section 93's importance as an agreement made between the founders of the nation to make Confederation
possible. Since it was a political deal and not based upon the principle of freedom, section 2(a) of the Charter could not extend section 93 rights to other religions. Moreover, to find that section 2 could extend denominational school rights would contradict the specificity of section 93, and section 29 of the Charter
indicates such a contradiction cannot exist and that denominational schools are not Charter issues.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the constitutional obligation to fund private denominational education. The Court found that the Ontario Schools Act did not violate sections 2(a)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
or 15(1)
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
or section 93 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
.
Religious freedom under sections 2(a) and religious equality under section 15(1) of the Charter were used to argue that lack of government funding for Jewish Canadian schools and certain Christian schools in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
was unconstitutional, since by contrast Catholic schools received government money. Catholic schools received funding in accordance with section 93 of the Constitution Act, 1867. The majority of the Supreme Court, however, dismissed the argument, noting section 93's importance as an agreement made between the founders of the nation to make Confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
possible. Since it was a political deal and not based upon the principle of freedom, section 2(a) of the Charter could not extend section 93 rights to other religions. Moreover, to find that section 2 could extend denominational school rights would contradict the specificity of section 93, and section 29 of the Charter
Section Twenty-nine of the Canadian Charter of Rights and Freedoms
Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools...
indicates such a contradiction cannot exist and that denominational schools are not Charter issues.
See also
- List of Supreme Court of Canada cases
- Waldman v. CanadaWaldman v. CanadaWaldman v. Canada was a case decided by the UN Human Rights Committee in 1999.-Facts:Under the Education Act of Ontario every separate school was entitled to full public funding. Separate schools were defined as Roman Catholic schools. The Education Act stated: "1...
- Mahe v. AlbertaMahe v. AlbertaMahé v. Alberta, [1990] 1 S.C.R. 342 is a leading decision of the Supreme Court of Canada. The ruling is notable because the court established that section 23 of the Canadian Charter of Rights and Freedoms requires that parents of the official-language minority in each province have the right...
External links
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages
- Grant Tadman et al v. Canada, another Human Rights CommitteeHuman Rights CommitteeThe United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
case appealing against Adler understanding of the law, along the aforementioned Waldman v. Canada