In Canada, the term separate school refers to a particular type of school that has constitutional status in three provinces (Ontario, Alberta and Saskatchewan) and statutory status in three territories (Northwest Territories, Yukon and Nunavut). In these Canadian jurisdictions, a separate school is one operated by a civil authority—a separate school board—with a mandate enshrined in the Canadian Constitution (for the three provinces) or in federal statutes (for the three territories). In these six jurisdictions a civil electorate, composed of the members of the minority faith, elects separate school trustees according to the province's or territory's local authorities election legislation. These trustees are legally accountable to their electorate and to the provincial or territorial government. No church has a constitutional, legal, or proprietary interest in a separate school. Consequently, a separate school is not a parochial or private school, or a charter school.
The constitutionally provided mandate of a separate school jurisdiction and of a separate school is to provide education in a school setting that the separate school board considers reflective of Roman Catholic (or, rarely, Protestant) theology, doctrine, and practices. This mandate can manifest itself in the Program of Studies and the curriculum, exercises and practices, and staffing. The limits of this mandate are determined by the application of the Canadian Charter of Rights and Freedoms, and judicial decisions.
The different experience in Ontario as compared to Alberta and Saskatchewan is principally the result of the same constitutional provisions having effect on settlement at different stages in Canadian history.
The Constitution of Canada does not establish separate school education as a natural or unconditional right available to all. Only Protestants or Roman Catholics, whichever is the minority faith population compared to the other in a community, can consider the establishment of separate school education. The separate school establishment right is not available to citizens of any other faith (such as Jews, or Mormons, or Hindus, or Muslims). In addition, the minority faith must establish that they wish to leave the public school system and create a separate school system.
Read more about Separate School: Constitutional and Statutory Basis For Separate Schools, Ontario, Alberta and Saskatchewan, Other Provinces, Controversy, Separate Schools On Racial Lines
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