Digitonomy:
Are non-Catholics guaranteed access to both systems?
In theory, Catholics who wish to be enrolled in Catholic schools have priority over non-Catholics who wish to be enrolled in Catholic schools. In practice, non-Catholics do not encounter problems enrolling in Catholic schools: if one school cannot accommodate them, then another will.
As to teacher hiring, qualifications go a long way to being hired. I believe that non-Catholic teachers must respect the curricula set by the Separate School Boards.
Digitonomy:
If not, then I think it’s reasonable and true to characterize it as unfair. Whether it is also unacceptable is a different question. The same applies to your statement about teacher hiring. The fact of exceptions does not of itself disprove discriminatory practices.
Discriminatory practices are covered under Canadian Human Rights legislation. And you are correct that exceptions do not themselves prove discriminatory. Thus we are known to be a society which fosters diversity. The two tests for discrimination are:
- differential treatment
- based on a prohibited ground.
However, the consideration of discrimination is a red herring. Why? Because the Human Rights courts do not have
jurisdiction in the case of Catholic education in Ontario. Why? Because the Canadian Constitution guarantees Catholic educational rights (
Article 93), and the Constitution enjoys
paramountcy which means it is the highest law in the land and cannot be superceded by any other law except in extraordinary circumstances:
**1. **The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Perhaps it can be said that the language rights section of the Charter is not fair either: that Canadian children of German or Russian (etc) heritage should be taught in their heritage languages and that access to language-specific education should not be limited only to English and French speakers.
But the Constitution is not just about rights, it is about agreements which accommodate historical reality. The historical reality around the Canadian Constitution is that the English made deals with Catholic Canadians (particularly in Quebec), Francophone Canadians (particularly in Quebec), and First Nations in order to fend off the Americans at the southern border.
Without Catholics, Francophones, and First Nations, Canada would be America.
Now mind you, the English broke many of the agreements they made but the Constitution reflects the
legal status of those agreements not the practical status.
Why was there consensus that the Americans must be fended off? Well the British wanted a colony to exploit in the resource-rich Americas, but that was neither here nor there for the colonists and aboriginals whose principal worry was around the populist movements in France and America after the French Revolution and the American War of Independence.
The Catholic Church in Quebec disapproved of the whole notion of political revolution and therefore promoted respect for the secular authority of the English even though the English were as protestant as the Americans. For the Catholic Church in Canada, preference for the English over the Americans was the lesser of two evils.
So the deal was struck.
Digitonomy:
I would point out number 13 in your
Bayefsky.com link: If Canada does not wish to subject itself to such scrutiny by the Human Right Committee, it sounds like they can withdraw from the Optional Protocol.
Yes.
- This is not the only case where Canada is in non-compliance with international conventions to which we are signatories. Therefore one must wonder why we sign on in the first place.
- The UN is a blunt, corrupt, and anachronistic instrument. But that is another discussion and another thread.