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ARTICLE · 29 NOVEMBER 2018

Separate School Funding Appeal Scheduled For March 2019

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The appeal of the trial judgment in Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212, 2017 SKQB 109 (the "Theodore case") has been scheduled...

CanadaConsumer Protection
Khurrum Awan
Khurrum Awan
Brady Knight
Brady Knight
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The appeal of the trial judgment in Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212, 2017 SKQB 109 (the "Theodore case") has been scheduled to be heard in March 2019. The trial judgment found that Government funding of non-Catholic attendance in Catholic separate schools is unconstitutional. The appeal is expected to provide further guidance on the constitutional validity of such funding.

Background

The Theodore case arose from the closure of a public school in the small town of Theodore, Saskatchewan, and the subsequent establishment of a separate school to educate the community's children.

In 2003, the Yorkdale Board of Education (the "Yorkdale board") voted to close the K-8 elementary school in Theodore, due to low enrollment which had negatively impacted the quality and cost of education. The 42 students at the Theodore public school were to be bussed to a public school located in the

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