Constitutional Appeal is this Week in Saskatchewan
Today and tomorrow Saskatchewan’s Court of Appeal hears the appeal as to whether the
Saskatchewan government is entitled to fund non-Catholic students
who attend Catholic Schools.
Decision of Lower Court
On April 20, 2017 Justice Layh of Saskatchewan’s Court of
Queen’s Bench issued a 242 page decision finding that Canada’s
Constitution does not constitutionally allow Saskatchewan to
provide grants paid on a per student basis to a Catholic school
division for non-Catholic students because that funding is not a
denominational right of separate schools (see our April 24, 2017,
email alert).
Justice Layh concluded that the 1905 Saskatchewan Act only
protects separate schools to the extent they admit students of the
minority faith.
