Winnipeg Free Press (Newspaper) - June 26, 1987, Winnipeg, Manitoba
10 Winnipeg free Jane court upholds funding of Catholic schools the Canadian press roman Catholic school supporters in Ontario won a unanimous decision yesterday when the supreme court of Canada ruled that extended Public funding of their education system is Protection of minority religious rights was a major preoccupation during the negotiations leading to confederation in the court said in a 70 judgment that has riled Public school supporters and other religious groups but has affirmed the legality of education systems across extending funding for three grades to the end of Grade 13 for almost half a million Catholic school students in Ontario is a valid exer Cise of the provincial Power to return rights constitutionally guaranteed to separate Canadas highest court ruled in three years after the Premier William Davis shocked the legislature with the full funding Catholic school supporters had at confederation a right or by to have their children receive an appropriate education which could include instruction at nation the secondary school said Thi 50page judgment written by Madam Justice Bertha Law immune Bill which became Law in june 1986 after being imposed in septem Ber 1985 through Cabinet is immune from Challenge under the 1982 charter of rights and free Doms because 93 of the Constitution act represents a fundamental Compromise of confederation in relation to denominational that was one of the key arguments put Forth by Ontario government about 10 Catholic school the attorneys general of Al Berta and Quebec and the Quebec association of protestant school boards during two weeks of supreme court hearings that began last an Alliance of 14 Independent and religious school groups had appealed an Ontario court of Appeal decision in february 1986 that up held extended they argued the Law violates charter guarantees of Freedom of religion and Equality before the Law and that the Public education system would suffer with the wholesale Transfer of students to Catholic extended Catholic which will have Cost Ontario taxpayers about million when it is completed this saves Catho Lic students tuition fees of about i would think Bill Davis is very most Lewis the outspoken anglican archbishop of told a news conference i dont express much gratitude to him for what he did and How he did without consulting the a greater act of smoke and mirrors has never taken Garnsworthy first expressed his anger Over the Issue about a week before the May 1985 provincial elec Tion when he compared Daviss funding plan to Adolf hitlers government by Frank Miller replaced Davis As conservative Leader in january and the Issue was blamed in some part for the loss of 20 party seats in the election and the eventual Down fall of the 42year tory dynasty in june this is a Day that we will regret in the life of this Clarke former Modera Tor of the United Church of told the same news conference at tended by 1 dont question the competency of the decision of the supreme court but politicians led them into an untenable Macdonald referring to the fact education systems across Canada would have been illegal if the Ontario Law were struck which had previously funded Catholic schools to the end of Grade has students in Catholic schools compared to million in Public schools and Catho Lic funding in other provinces ranges from Zero in new Brunswick to 100 per cent in Saskatchewan and both Macdonald and Garnsworthy said their next step would be to push ontarian to work towards preserving Public Premier David who told reporters outside the legislature he was1 obviously delighted with the said funding will not be extended to other religious groups or Independent weve gone through that discus Sion before and we dont have any plans to do that at the that not the governments policy at the Garnsworthy slams ruling decision intensifies Manitoba demands by Radha Krishnan Thampi Manitoba catholics claim their Battle f6r full Public funding for schools has been strengthened by a supreme court of Canada attorney general Roland education1 minister Jerry Storie and opposition Leader Gary Filmon Dis they insisted yesterdays which approved Ontario move to fully fund its Catholic has no direct bearing on the Manitoba Situ Filmon and tory Educa Tion critic Charlie a Catholic school said the ruling would encourage Manitoba catholics to intensify their fight to get full Filmon said his party would like to see Catholic funding increased to at least so of what the Public schools while Storie says his government has consistently in creased Catholic school Penner and Storie were immediately challenged by health minister Larry a Catholic school who said its Only fair his nip government heed the supreme courts decision and restore full funding to those Legal right Donald of the Manitoba federation of Independent said yesterdays ruling makes it very Manitoba catholics have a Legal right to get full govern ment funding for their now is the time for the province to take Steps to Correct a past Indus Brock his group will decide a course of action after Stu dying the supreme court certainly it has strength ened our Manitoba truly is the Odd Man our among Brock noting Sas and Ontario provide full funding for their Catholic yesterdays court ruling said on trios decision to fully fund its roman Catholic High schools is not Only constitutional but also immune from challenges under the charter of rights and Brock said 22 of the Manti Toba act of a Federal statute under which the province was creat guarantees the same rights for Manitoba catholics As does 93 of the ban act to Ontario Catho position unchanged Brock said his group has been trying for several years to convince Premier Howard Pawley and pen Ner about the similar guarantees under 22 and Penner and Storie said the supreme courts ruling Doest change Manitoba apparently the supreme court has said theres no constitutional impediment to any which so to fund Catholic said a former Law professor at the University of Penner said what the supreme court said was that any province wishing to fund Catholic schools was not violating any provision in the including the Storie said the situation in Manito which ended Catholic school funding in 1890 when it brought in the Public schools is different from that of Desjardins said when Manitoba joined confederation in 1870 it agreed to conditions which included full government funding for Catholic they changed that through the infamous Public schools act of j890r he Storie said the proving started partly funding Independent schools in 1966 and has increased the Assis Tance gradually Ever we have a lot of history behind Storie our Constitution terms of obligations to maintain religious schools May be somewhat different from Storie said currently Manitoba gives Catholic schools per which accounts for about million a year and about 30 per cent of what Public schools get from the i certainly dont anticipate any change of policy simply because of this 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