Issues
The guarantees provided for 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 funding in accordance with section 93 of the Constitution Act, 1867. The court was asked to address two specific constitutional issues:
- whether the definitions of "board" and "school" in s. 1(1) of the Education Act, together with the annual general legislative grants, infringe or deny the appellants' freedom of religion under s. 2(a) of the Charter or their s. 15(1) equality rights by not providing funding to dissentient religion‑based schools, and if so, is this non‑funding justified under s. 1, and
- whether s. 14 of Regulation 552, R.R.O. 1990, which prescribed school health support services as insured services to an insured person who is placed in a special education program in a "school" as defined in s. 1(1) of the Education Act, but not to an insured person in a dissentient religion‑based school, infringes or denies the appellants' freedom of religion under s. 2(a) of the Charter or their s. 15(1) equality rights by not providing these services to dissentient religion‑based independent schools, and if so, was this withholding of services justified under s. 1.
Read more about this topic: Adler V. Ontario
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