Solid ground for Catholic education
Supreme Court case could have bearing on religious schooling in the North
Elaine Anselmi
Northern News Services
Published Saturday, November 29, 2014
SOMBA K'E/YELLOWKNIFE
The Yellowknife Catholic Schools board of trustees is becoming involved in a case that could see Catholic education become a constitutional right in the territory.
Yellowknife Catholic Schools trustees Erin Currie, left, says should a case in front of the Supreme Court prove successful in court, the NWT will then gain the constitutional right to Catholic education, rather than just its current legal rights. She sits alongside trustee Frances Chang and chairperson Simon Taylor at the Nov. 19 board meeting. - Elaine Anselmi/NNSL photo
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The case, currently before the Supreme Court of Canada, involves a minor traffic violation issued in Alberta, that was issued only in English - with the plaintiff, Gilles Caron, arguing his French language rights were violated.
How do French language rights relate to Catholic education? The two are intrinsically linked, said board trustee Erin Currie.
"When (NWT) agreed that they would become part of Canada, there were Royal Proclamations that said all of our religious and language rights would be protected. When the constitution was signed and agreed to - that really developed Canada - there was a constitutional right for some provinces to have French language education and Catholic education, but that didn't extend to us in NWT," said Currie.
"According to a Royal Proclamation, we have a legal right to Catholic education and to French language, but the rest of Canada, most of the rest of Canada, has a constitutional right."
The difference, said Yellowknife-based criminal lawyer Peter Harte, is that a constitutional right outweighs a legal right.
"Typically, what distinguishes normal legal rights or privileges from constitutional rights or privileges is that constitutional right and privileges are contained in a document that is binding on everybody," said Harte, referring to the Charter of Rights and Freedoms.
The board became involved in the case through its overarching organization, the Alberta Catholic School Trustees Association (ACSTA), which has applied for intervener status in the case. Currie represents the local board with ACSTA and said, to her knowledge, all of the 19 boards under the association voted in favour of gaining intervener status.
Intervener status means a party has the right to give a presentation during a case, despite not being directly involved with it.
Section 29 of the Charter of Rights and Freedoms addresses denominational schools, giving jurisdiction to provincial and territorial governments, with some amendments that require those governments to respect the right to Catholic education.
"In essence, we have a legal right to French language and Catholic education, but a lot of Canada has a constitutional right to it. This fellow, Caron, is arguing that he has also a legal right to have everything in the French language, so his ticket should have been in French," said Currie. "He's taking it to the Supreme Court of Canada and if he wins . it will then be declared, from legal rights to constitutional rights. That's why it is important for us."
In day to day operations, Currie said the difference between legal and constitutional rights are not particularly evident. Where it comes in to play is during talks of amalgamating school boards.
In 2008, the GNWT formed a Refocusing Government Committee that would see education boards merged with housing and health into six regional boards across the territory. At the time, Catholic school administration, students and parents spoke out in fervent opposition of the plan and it was ultimately dropped.
"There seems to be this atmosphere or flavour for doing away with Catholic education and having one board - legally they can't, but as we have come to find out, legal doesn't necessarily apply," said Currie.
"If Mr. Caron is successful in winning this it would mean that then we have the constitutional right to French language and Catholic education - it would be near impossible for the government to the dissolve the Catholic school board."
Currently, the Department of Education, Culture and Employment does not have a mandate for combining school boards, according to department spokesperson Jacqueline McKinnon, but would not speculate on any future plans.
