GAJE still awaits the decision of Judge Papageorgiou on the motion brought by the governments of Ontario and Canada to strike our application for fairness in educational funding in Ontario. As soon as we know her decision, we will share it with you.
It has been nearly four months since the case was argued in court on April 20. Of course, the wait is frustrating. Our frustration, however, does not stem from the length of time it is taking Her Honour to present her decision. We are certain Judge Papageorgiou is working with discipline and with wisdom to bring her best judgment to bear upon the issues she heard in her court.
Our frustration, rather, stems from the approach of the governments of Ontario and Canada toward our application. The sole purpose of the governments’ April 20 motion was actually to prevent our case from being decided on its merits. The governments do not wish the courts to consider if and/or how societal circumstances and the law may have evolved since 1996 (the year of the Supreme Court’s Adler decision) to warrant a new look at the fairness of the current system of educational funding in Ontario.
Educational and public policy experts of all political stripes suggest that Ontario’s educational funding is anachronistic. It flies in the face of the best practices evidenced in other provinces and throughout the western world. One would hope that the government would seek those best practices and to implement the best public policy on behalf of all its citizens and residents. Isn’t this the very purpose of government? It should be. Inexplicably, stubbornly, and almost petulantly, Ontario absolutely refuses even to hold a discussion on the subject.
Ontario’s educational funding also flies in the face of the plain meaning of the language in Ontario’s own Human Rights Code. It is perhaps this contradiction that deflates and pains non-Catholic religious and other minority communities the most.
The provisions of the code are concise, unambiguous and quite ennobling. The Preamble sets the tone.
“And Whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province;
“And Whereas these principles have been confirmed in Ontario by a number of enactments of the Legislature and it is desirable to revise and extend the protection of human rights in Ontario; (Our emphasis)
“Section 1 Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1); 2012, c. 7, s. 1.
Is not the government’s opposition to our application, let alone to fairness in educational funding, the very opposite of the intention underpinning the language of the Preamble that it is desirable to revise and extend the protection of human rights in Ontario.?
Section 19(1) of the Code requires the Code not to be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act. But GAJE seeks fairness for non-Catholic communities. GAJE does not nor has it ever asked the government to diminish or derogate, in any way. the rights and privileges of the children attending Roman Catholic schools.
In sum, the governments’ hardscrabble campaign to shut down any discussion of the fairness and aptness of its educational funding harms the system. It also harms the other religious and other minority communities by entirely excluding them from receiving any public funding for the education of their children.
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If you wish to support GAJE’s quest for fairness, please click here.
For further information, please contact Israel Mida at: imida1818@gmail.com
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.
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Shabbat shalom
Grassroots for Affordable Jewish Education (GAJE)
August 11, 2023
Grassroots for Affordable Jewish Education 