It is appropriate, two weeks into the new year, 5785, to restate the substance of GAJE’s claim against the Government of Ontario. As every reader of this weekly update knows, GAJE is suing Ontario to implement fairness in its educational funding policies. Ontario funds the education of only one of the faith communities in the province, i.e., Roman Catholic.
The Supreme Court of Canada ruled in 1996 that Ontario’s exclusive funding of only one community was indeed legal because of the country’s founding agreement in 1867 between Quebec and Ontario to protect, through educational funding, the respective Protestant or Catholic linguistic/cultural minority in the other’s province.
GAJE simply asks that the legal ruling of 1996 be reassessed in light of significant changes in the law and in societal circumstances nearly 30 years after the 1996 decision. We will not restate the pleadings of our case in this space. GAJE’s legal team is superb and we rely on them for all advocacy purposes. But we wish readers of this space to know, to understand that, one of the significant changes in the law – indeed, one can also argue in societal circumstances – since 1996 is that one of the signatory parties to the founding agreement of 1867 – Quebec – has decided that it will no longer be bound by the 1867 provisions. Quebec decided to educationally protect minorities in its provinces by other legal means. Quebec’s policy became enshrined in Canada’s Constitution a year after the SCC decision of 1996. In other words, Ontario justifies its discriminatory educational funding by insisting it will rely upon a foundational bilateral agreement of 1867 which has effectively been abandoned by the other party.
Apart from the Atlantic provinces, where population figures are relatively small, Ontario is the only province that provides no funding to independent schools. British Columbia provides about 50% of the operating costs that public schools receive in that province; Alberta up to 70%; Saskatchewan up to 80%; Manitoba about 50%, and Quebec about 60%. (These figures are provided by the Association for Reformed Political Action Canada (ARPA), a grassroots Christian political advocacy organization.)
Over the years, GAJE has drawn readers’ attention to research papers and studies by experts in the field that contend that Ontario’s funding policies are not only unfair, but educationally anachronistic. The research suggests that, on the merits, Ontario’s approach to educational funding falls short of certain educational outcomes in other provinces. Moreover, some studies argue that Ontario’s educational spending is less efficient than that of other provinces.
The Government of Alberta recently announced that it would provide some funding to assist independent schools with the capital expense of building new schools. The decision is controversial. It is a departure in educational spending for independent schools beyond that of any of the provinces that assist independent schools for those provinces contribute to operational expenses alone.
Educational funding is evolving in Canada to match the societal realities and needs that are also evolving in Canada. But Ontario is stuck in 1867.
How is this appropriate? It is not. How is this fair? It is not.
GAJE does not ask the province to remove funding from any group that receives it. We ask merely for equal treatment. That the province steadfastly refuses to do so is unworthy of the province. That it wishes to prevent the courts from even considering the fairness of its educational funding, compounds the injustice.
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On September 10, a three-member panel of the Divisional Court agreed with the Province of Ontario that GAJE’s lawsuit for fairness in educational funding should be dismissed. On September 25, GAJE filed a Notice of Motion seeking leave to appeal the court’s decision.
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If you wish to contribute to GAJE’s lawsuit for fairness in educational funding, 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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Chag samayach. Shabbat shalom. Am Yisrael Chai
Grassroots for Affordable Jewish Education (GAJE)
October 16, 2024
Grassroots for Affordable Jewish Education 