W Rod Dolmage © 2010 Non-Minority Faith Adherents in Minority Faith Schools in Saskatchewan A Presentation to Saskatchewan Public School Boards Section June 4 th, 2010 A Presentation to Saskatchewan Public School Boards Section June 4 th, 2010

W Rod Dolmage © 2010 The Canadian Anomaly

W Rod Dolmage © 2010 Is it Complicated? Provincial Provision for Separate, Denominational, and Dissentient Schools Public andDenominationalNo Legal Separate SystemsSystemsProvision OntarioQuebecBritish Columbia (Now Language based) Alberta NewfoundlandManitoba (Now Consolidated SaskatchewanSchool Districts)New Brunswick Nova Scotia Prince Edward Island Provincial Provision for Separate, Denominational, and Dissentient Schools Public andDenominationalNo Legal Separate SystemsSystemsProvision OntarioQuebecBritish Columbia (Now Language based) Alberta NewfoundlandManitoba (Now Consolidated SaskatchewanSchool Districts)New Brunswick Nova Scotia Prince Edward Island

W Rod Dolmage © 2010 Who Cares? – Act of Union Provision for minority religious education permitted the union of Upper and Lower Canada following the Rebellions of – Constitution (B.N.A. Act) Creation of Canada was made possible because of the agreement that Provinces would control Education – § 93, (with conditions protecting minority region (Roman Catholic or Protestant) – Manitoba School Question forced a Federal election resulting in the defeat of the Conservative government and the election of Laurier’s Liberals 1905 – Northwest Schools Crisis Sifton resigned from federal cabinet nearly bringing down the Laurier Government – Act of Union Provision for minority religious education permitted the union of Upper and Lower Canada following the Rebellions of – Constitution (B.N.A. Act) Creation of Canada was made possible because of the agreement that Provinces would control Education – § 93, (with conditions protecting minority region (Roman Catholic or Protestant) – Manitoba School Question forced a Federal election resulting in the defeat of the Conservative government and the election of Laurier’s Liberals 1905 – Northwest Schools Crisis Sifton resigned from federal cabinet nearly bringing down the Laurier Government

W Rod Dolmage © 2010 Historical Context - Canada Treaty of Paris (1763) gave the conquered French the right to practice the Catholic religion. Act of Union (1840) allowed those of a minority faith to establish a dissentient school. Treaty of Paris (1763) gave the conquered French the right to practice the Catholic religion. Act of Union (1840) allowed those of a minority faith to establish a dissentient school.

W Rod Dolmage © 2010 Historical - Canada Historical Context - Canada Scott Act (1863) gave separate schools the right to share in public grants. Funding for separate schools was tied to “the number of children of that faith who attend such separate school.” The constructs developed in this act were embodied in the Constitution Act Scott Act (1863) gave separate schools the right to share in public grants. Funding for separate schools was tied to “the number of children of that faith who attend such separate school.” The constructs developed in this act were embodied in the Constitution Act 1867.

W Rod Dolmage © 2010 Minority Faith Education in Saskatchewan North-West Territories Act (1875) contained the right to establish minority faith separate schools. The first school ordinances (1884) set out a dual confessional model. This gradually changed to make the system less dualistic. – Major changes happened after the Manitoba School Question in North-West Territories Act (1875) contained the right to establish minority faith separate schools. The first school ordinances (1884) set out a dual confessional model. This gradually changed to make the system less dualistic. – Major changes happened after the Manitoba School Question in 1890.

W Rod Dolmage © 2010 Historical Context - Canada Constitution Act (1867) made education a provincial responsibility. –Section 93 entrenched separate school rights in Ontario and Quebec. –Those rights held “at the union” were constitutionally protected. –If these rights were infringed upon, appeals could be made to the federal government. Constitution Act (1867) made education a provincial responsibility. –Section 93 entrenched separate school rights in Ontario and Quebec. –Those rights held “at the union” were constitutionally protected. –If these rights were infringed upon, appeals could be made to the federal government.

W Rod Dolmage © 2010 Constitution Act 1867, §93 In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions: (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union: (2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education: (4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions: (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union: (2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education: (4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.

W Rod Dolmage © 2010 Saskatchewan Act, Section 93 of the British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said Section 93, of the following paragraph: 1.Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances. 17.Section 93 of the British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said Section 93, of the following paragraph: 1.Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.

W Rod Dolmage © 2010 Ordinances of the North-West Territories, 1901 Chapter 29, An Ordinance Respecting Schools 41.The minority of ratepayers in any district whether Protestant or Roman Catholic may establish a separate school therein and in such case the ratepayers establishing such Protestant or Roman Catholic separate school shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 42.The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated The persons qualified to vote for or against the erection of a separate school district shall be the ratepayers in the district of the same religious faith, Protestant or Roman Catholic, as the petitioners. 41.The minority of ratepayers in any district whether Protestant or Roman Catholic may establish a separate school therein and in such case the ratepayers establishing such Protestant or Roman Catholic separate school shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 42.The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated The persons qualified to vote for or against the erection of a separate school district shall be the ratepayers in the district of the same religious faith, Protestant or Roman Catholic, as the petitioners.

W Rod Dolmage © 2010 Attitudes towards religion and education at the turn of the 20 th Century The philosophy of Catholic education was not compatible with the philosophy of Protestant education during the... late 19th - early 20th centuries. For a Catholic, religion was the central concern of life... the centre around which the right of life properly should revolve. This of course meant religion as interpreted by the Roman Catholic Church.... The Church must therefore control the education of a Catholic child, so that all aspects of education could be taught within the context of this religion centred perspective. Protestants believed, generally speaking, that religion could be separated from the educational curriculum.... The notion that religious truth was subject to individual or denominational interpretation was implicit in the Protestant system, which made that system anathema to Catholics and the notion that the Catholic Church had a monopoly on the interpretation of truth was equally anathema to Protestants. Dr. David Hall, as cited in Kevin P. Feehan. (2005). Long before Alberta was even a province.... Legally Speaking. Edmonton: Alberta Catholic Schools Association. Retreived May 20, 2010 from

W Rod Dolmage © 2010 The next 100 Years Preliminary research suggests that it was only after Vatican II’s publication of Gravissimum Educationis in 1965 that the Catholic Separate Schools truly opened their doors to non- Catholic students

W Rod Dolmage © 2010 What happened: My Perspective At about the same time (1964), full funding was granted to Catholic separate schools to the end of high school Coincident with this change, the Education Act was amended to permit parents in cities with both systems to declare their intention to send their child to either a “public” or “separate” high school (Education Act, 1995, § 145) Board’s were permitted to enter into a fee for service agreement, or mutually agree that there would be no charge for service provision I think Public Boards just “let it go” and over time, this became extended, by default, to the elementary schools as well At about the same time (1964), full funding was granted to Catholic separate schools to the end of high school Coincident with this change, the Education Act was amended to permit parents in cities with both systems to declare their intention to send their child to either a “public” or “separate” high school (Education Act, 1995, § 145) Board’s were permitted to enter into a fee for service agreement, or mutually agree that there would be no charge for service provision I think Public Boards just “let it go” and over time, this became extended, by default, to the elementary schools as well

W Rod Dolmage © 2010 Saskatchewan Then and Now 1905 (1901) Two solitudes representing almost the entire population Minority faith education protected as a condition of nation building Virtually no non-minority faith students in minority faith schools Separate schools provided religious education to the children of the religious minority Minority faith schools established to honour the religious education rights of the religious minority 2010 A multicultural society in which religious difference plays a less significant role Minority faith education honoured and, in practice, extended, apparently by default Mon-minority faith students are a significant minority in some urban separate systems Separate schools provide religious education to children of different faiths as part of the Church’s evangelical mission Minority faith schools established for reasons unrelated to religion