Adler v. Ontario

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Adler v. Ontario

Supreme Court of Canada
Hearing: January 23, 24, 1996
Judgment: November 21, 1996
Full case name: Susie Adler, Mark Grossman, Paula Kezwer, Marcy Rapp and Riky Young v. Her Majesty The Queen in Right of Ontario, the Minister of Education and the Minister of Health; Leo Elgersma, Harry Pott, Raymond Dostal, Harry Fernhout and the Ontario Alliance of Christian School Societies v. The Attorney General for Ontario, the Minister of Education and the Minister of Health
Citations: [1996] 3 S.C.R. 609
Docket No.: 24347
Court membership

Chief Justice: Antonio Lamer
Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given

Majority by: Iacobucci J. (paras. 1-121)
Joined by: Lamer C.J. and La Forest, Gonthier and Cory JJ.
Concurrence by: Sopinka J. (paras. 122-191)
Joined by: Major J.
Dissent by: L’Heureux‑Dubé J.

Adler v. Ontario, [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada on the constitutional obligation to fund private denominational education. The Court found that the Ontario Schools Act did not violate sections 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms or section 93 of the Constitution Act, 1867.

Religious freedom under sections 2(a) and religious equality under section 15(1) of the Charter were used to argue that lack of government funding for Jewish Canadian schools and certain Christian schools in Ontario was unconstitutional, since by contrast Catholic schools received government money. Catholic schools received funding in accordance with section 93 of the Constitution Act, 1867. The majority of the Supreme Court, however, dismissed the argument, noting section 93's importance as an agreement made between the founders of the nation to make Confederation possible. Since it was a political deal and not based upon the principle of freedom, section 2(a) of the Charter could not extend section 93 rights to other religions. Moreover, to find that section 2 could extend denominational school rights would contradict the specificity of section 93, and section 29 of the Charter indicates such a contradiction cannot exist and that denominational schools are not Charter issues.

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