Multi Faith Coalition

Fact Sheet
Discriminatory Education Funding In Ontario

Since Confederation in 1867, the Canadian Constitution has guaranteed public funding for Roman Catholic faith-based elementary education in Ontario.
In 1984, the Government of Ontario extended funding, beyond the Constitutional requirements, to Catholic secondary schools.
Ontario currently provides full funding for 93 percent of its faith-based schools, but this funding goes exclusively to Catholic schools. The other seven percent, the faith-based schools of non-Catholic religious minorities, receive no funding.
In Adler v. Ontario (1996), the Supreme Court of Canada ruled that there is nothing in the Canadian Constitution preventing the extension of public funding to non-Catholic faith-based schools. The Court also ruled that though the current funding arrangement is discriminatory, it does not violate the equality provisions of the Charter (a newer part of the Constitution), since the discrimination is authorized by the other, older section in the Constitution.
Canada, with the formal written approval of all provinces (including Ontario in 1969), ratified the International Covenant of Civil and Political Rights (ICCPR) in 1976 together with its "Optional Protocol", which allows citizen complaints about rights violations to be adjudicated by the United Nations Human Rights Committee (UNHRC). Key provisions of the ICCPR include:
- Article 26 prohibiting discrimination based on religion
- Article 50 provides that the provisions of ICCPR "shall extend to all parts of federal States without any limitations or exceptions"
- Article 2 requires the State Party (Canada in this case) to ensure that anyone whose rights under the ICCPR are violated has "an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity"
As a result of Canada's formal ratification, the ICCPR and its Optional Protocol are legally binding instruments under international law.
The United Nations Human Rights Committee (UNHRC) ruled in November 1999 that Canada was in violation of Article 26 of the (ICCPR) for failing to treat all religions in Ontario equally in the public funding of faith-based schools.
Since November 1999, the Government of Canada has done nothing to eliminate this violation of the ICCPR. Canada has only referred the victims of religious discrimination to the Ontario government, and has failed to honour its obligation under international law to ensure an effective remedy for this established violation.
In May 2001, the former Progressive Conservative Government of Ontario introduced a phased-in tax credit (the "Equity in Education Tax Credit") which partially addressed the problem of religious discrimination in faith-based school funding.
In October 2003, the new Liberal Government of Ontario repealed (retroactively to January 2003) the Equity in Education Tax Credit, bringing Ontario back to the previous state of full religious discrimination in violation of the ICCPR as established by the UNHRC.
In November 2005, the UNHRC once again ruled that Canada is in violation of the ICCPR in this matter, and must take immediate steps to comply.
All three parties represented in the Ontario Legislature support Catholic separate school funding as guaranteed by the Constitution of Canada, so the only fair and viable solution to the discrimination is to extend funding to the small religious minorities that are currently excluded, though compliance could also be achieved by removing funding from Catholic schools (and either funding no faith-based schools or providing equal partial funding).
Ontario is the only Western democracy that fully funds faith-based schools of one religion to the total exclusion of all other religions.
All other provinces of Canada, except the Atlantic provinces, fund faith-based schools and have thriving public school systems.
Extending fair funding to non-Catholic faith-based schools would provide an opportunity to regulate such schools in the public interest, which would be a significant benefit to all Ontarians.
The Multi-Faith Coalition for Equal Funding of Faith-Based Schools in December 2004 submitted to Ontario's Minister of Education a detailed proposal for the funding of non-Catholic faith-based schools in a manner that is fair and accountable, and protects and enhances the public interest. For a full copy of the proposal, see this link
On June 9, 2007, John Tory, Leader and MPP of the PC Party incorporated into the Party Platform, support for public funding for faith-based schools. The PC Party recommended that faith-based schools be brought into the public education system. The expectation is that participating schools:
- Fully incorporate the complete requirements of Ontario's common curriculum, just as in the Catholic system;
- Participate in Ontario's standardized testing program and agree to published results; and
- Appropriately address teacher credentialing. Ian Urquhart, provincial affairs reporter for the Toronto Star referred to the PC plan in his June 13, 2007 article "School plan just might be a winner" by saying: "But this time they [PC Party] have clearly repositioned their proposal in a way that may turn an albatross into a vote-winning eagle."


		Fact Sheet Discriminatory Education Funding In Ontario Since Confederation in 1867, the Canadian Constitution has guaranteed public funding for Roman Catholic faith-based elementary education in Ontario. In 1984, the Government of Ontario extended funding, beyond the Constitutional requirements, to Catholic secondary schools. Ontario currently provides full funding for 93 percent of its faith-based schools, but this funding goes exclusively to Catholic schools. The other seven percent, the faith-based schools of non-Catholic religious minorities, receive no funding. In Adler v. Ontario (1996), the Supreme Court of Canada ruled that there is nothing in the Canadian Constitution preventing the extension of public funding to non-Catholic faith-based schools. The Court also ruled that though the current funding arrangement is discriminatory, it does not violate the equality provisions of the Charter (a newer part of the Constitution), since the discrimination is authorized by the other, older section in the Constitution. Canada, with the formal written approval of all provinces (including Ontario in 1969), ratified the International Covenant of Civil and Political Rights (ICCPR) in 1976 together with its "Optional Protocol", which allows citizen complaints about rights violations to be adjudicated by the United Nations Human Rights Committee (UNHRC). Key provisions of the ICCPR include: Article 26 prohibiting discrimination based on religion Article 50 provides that the provisions of ICCPR "shall extend to all parts of federal States without any limitations or exceptions" Article 2 requires the State Party (Canada in this case) to ensure that anyone whose rights under the ICCPR are violated has "an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity" As a result of Canada's formal ratification, the ICCPR and its Optional Protocol are legally binding instruments under international law. The United Nations Human Rights Committee (UNHRC) ruled in November 1999 that Canada was in violation of Article 26 of the (ICCPR) for failing to treat all religions in Ontario equally in the public funding of faith-based schools. Since November 1999, the Government of Canada has done nothing to eliminate this violation of the ICCPR. Canada has only referred the victims of religious discrimination to the Ontario government, and has failed to honour its obligation under international law to ensure an effective remedy for this established violation. In May 2001, the former Progressive Conservative Government of Ontario introduced a phased-in tax credit (the "Equity in Education Tax Credit") which partially addressed the problem of religious discrimination in faith-based school funding. In October 2003, the new Liberal Government of Ontario repealed (retroactively to January 2003) the Equity in Education Tax Credit, bringing Ontario back to the previous state of full religious discrimination in violation of the ICCPR as established by the UNHRC. In November 2005, the UNHRC once again ruled that Canada is in violation of the ICCPR in this matter, and must take immediate steps to comply. All three parties represented in the Ontario Legislature support Catholic separate school funding as guaranteed by the Constitution of Canada, so the only fair and viable solution to the discrimination is to extend funding to the small religious minorities that are currently excluded, though compliance could also be achieved by removing funding from Catholic schools (and either funding no faith-based schools or providing equal partial funding). Ontario is the only Western democracy that fully funds faith-based schools of one religion to the total exclusion of all other religions. All other provinces of Canada, except the Atlantic provinces, fund faith-based schools and have thriving public school systems. Extending fair funding to non-Catholic faith-based schools would provide an opportunity to regulate such schools in the public interest, which would be a significant benefit to all Ontarians. The Multi-Faith Coalition for Equal Funding of Faith-Based Schools in December 2004 submitted to Ontario's Minister of Education a detailed proposal for the funding of non-Catholic faith-based schools in a manner that is fair and accountable, and protects and enhances the public interest. For a full copy of the proposal, see this link On June 9, 2007, John Tory, Leader and MPP of the PC Party incorporated into the Party Platform, support for public funding for faith-based schools. The PC Party recommended that faith-based schools be brought into the public education system. The expectation is that participating schools: Fully incorporate the complete requirements of Ontario's common curriculum, just as in the Catholic system; Participate in Ontario's standardized testing program and agree to published results; and Appropriately address teacher credentialing. Ian Urquhart, provincial affairs reporter for the Toronto Star referred to the PC plan in his June 13, 2007 article "School plan just might be a winner" by saying: "But this time they [PC Party] have clearly repositioned their proposal in a way that may turn an albatross into a vote-winning eagle."

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