A landmark case, initiated over a small school in Theodore, Saskatchewan, has reached a conclusion. The Supreme Court of Canada dismissed the Good Spirit School Division’s application for leave to appeal to the Supreme Court a case involving the rights of non-Catholic students to access Catholic schools. The case had implications for both Catholic and public school systems and schools in Humboldt and across the province.  

A statement by the Saskatchewan Catholic School Boards Association expressed relief that the ruling upheld the 2017 decision by the Saskatchewan Court of Appeal. That unanimous decision overturned a ruling that sought to limit public funding for students who attend Catholic schools in the province but have no proof of Catholic baptism.

The denial puts to rest the contentious issue of access to school of choice with public funding that could have had major implications across the province. It would have meant that students in Humboldt, for example, who did not present a Catholic baptismal certificate would have had to pay tuition to access St. Augustine or St. Dominic Schools, or they would have publicly funded access to Humboldt Public School. This may have had major impacts on enrollment in Humboldt’s schools.

In the statement, Tom Fortosky, executive director of the Saskatchewan Catholic School Boards Association noted, “We are relieved and reassured by this decision, and we believe it can be considered a victory for both religious and parental rights and freedoms. Even though the Government of Saskatchewan assured us they would do whatever is necessary to protect your choice for your child’s education, this decision definitively confirms what we have said and believed all along: parents know what is best for their children and they should be able to choose Catholic, faith-based education if that is what they want—no matter their reasons, faith backgrounds or traditions.”

The original focus of the case was on Theodore School which was threatened with closure by its public school division. When the school successfully launched its own Catholic Division, the contention began given that only a third of the students were of the Catholic Faith.

The decision allows access by all students to publicly funding education in public or Catholic schools regardless of faith. 

In a social media statement, Premier Scott Moe confirmed the government’s stance, saying “Our government strongly supports parent and student choice in education, including Saskatchewan’s public, separate and faith-based schools.”