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Supported by his family and a wide variety of community organizations, Hall thus took the school board to court in a two-day hearing that began on May 6, 2002. Hall's lawyer, David Corbett, argued that the denial of his request violated the Ontario Education Act, which requires school boards in the province not to discriminate. The school board ...
In 1999, the United Nations Human Rights Committee determined that Canada was in violation of article 26 of the International Covenant on Civil and Political Rights, because Ontario's Ministry of Education discriminates against non-Catholics by continuing to publicly fund separate Catholic schools, but not those of any other religious groups.
Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v.
Ontario, the provincial education power under section 93 of the Constitution Act, 1867 is plenary, and is not subject to Charter attack. As Iacobucci J. noted, it is the product of a historical compromise crucial to Confederation and forms a comprehensive code with respect to denominational school rights which cannot be enlarged through the ...
The rationale is that economic rights can relate to a decent standard of living and can help the civil rights flourish in a livable environment. [28] Canadian courts, however, have been hesitant in this area, stating that economic rights are political questions and adding that as positive rights, economic rights are of questionable legitimacy. [28]
Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts.
1823: A General Board of Education was established. [14] 1824: The Legislature supported "moral and religious instruction of the more indigent and remote settlements" by granting the Board of Education a budget to create Sunday schools. [15] 1824: The right to decide hiring criteria for teachers was transferred from trustees to the district ...
In 1993, the United Nations Human Rights Committee ruled that Quebec's sign laws broke an international covenant on civil and political rights. "A State may choose one or more official languages," the committee wrote, "but it may not exclude, outside the spheres of public life, the freedom to express oneself in a language of one's choice." [180]