Saskatchewan Invokes Charter Clause Over Catholic School Funding

Over a very dramatic two weeks, Catholic schools in Saskatchewan first lost — and then apparently regained — the right to receive funding in respect of non-Catholic students who attend Catholic schools in the province.

On April 20, 2017, the Saskatchewan Court of Queen's Bench (the "Court") released its decision in Good Spirit School Division No. 24 v. Christ the Teacher Roman Catholic Separate School Division No. 212 and the Government of Saskatchewan ("Good Spirit").¹ It held that the Government of Saskatchewan cannot provide funding to Catholic schools in respect of non-Catholic students who attend such schools, because doing so violates the freedom of religion and equality provisions of the Canadian Charter of Rights and Freedoms ("Charter").²