This week we update our supporters and readers of this space on the status of our action against the governments of Ontario and Canada aimed at persuading Ontario’s to end its unfair educational funding policies.
On February 8, 2022 GAJE and a number of individuals applied to the Ontario Superior Court for an order directing the governments of Ontario and Canada to provide payments to each of the Jewish day schools in Ontario based on a per capita grant calculated from the student population of those schools equal to the per capita grant for Roman Catholic day schools.
The attorneys-general of Ontario and Canada responded to GAJE’s application on March 28 by filing a motion that the court strike our application as disclosing no cause of action.
It is the view of the Federal Government that it has no legal or constitutional role to play in an educational dispute between the applicants and the Government of Ontario. It is the view of Queen’s Park that the 1996 Supreme Court Adler decision allows Ontario to refuse to fund independent schools.
It is our view that the Federal Government does indeed have a role to play in ensuring the true application of human rights obligations across Canada under ratified international treaty law. It is also our point of view that Ontario ought to acknowledge that Canadian society and Canadian law have evolved since the Adler case of 1996 to such an extent that a different decision on funding Jewish day schools is not only possible but morally appropriate and even required in the year 2022. Our case has merit. We fervently hope it will be allowed to go forward to a full hearing on those merits. The governments prefer to prevent rather than join discussion in open court on so important an educational and human rights matter. This merely blights Ontario’s reputation in comparison with the reputations of the other Canadian provinces. And of course, it deepens disappointment as it continues to diminish Ontario society.
The governments’ motion to strike is scheduled to be heard on August 9, 2022. In the event the motion succeeds, we have the right to appeal the decision to the Ontario Court of Appeal. We will keep you informed as the case proceeds.
This lawsuit is a vital investment in our children and in our Jewish future. We are deeply grateful for your understanding and for your support.
If you wish to contribute to funding GAJE’s lawsuit, please click here.
For further information, please contact Israel Mida at: firstname.lastname@example.org
Charitable receipts for donations for income tax purposes will be issued by Mizrachi Canada. Your donations will be used for the sole purpose of underwriting the costs of the lawsuit.
Grassroots for Affordable Jewish Education (GAJE)
July 29, 2022