Legal Cases

19 Mar 2015 Loyola Supreme Court Decision: Parental rights and religious freedom upheld

After 12 months of deliberation, the Supreme Court of Canada released its decision this morning in Loyola High School v. Quebec (Attorney General), upholding religious freedom first for the Loyola Jesuit school but also more broadly for all who seek to apply their faith to the education of their children. This is a case that every independent Christian school across the country has been watching closely. At stake in this case was the religious freedom of parents and institutions to educate children according to a worldview that might be different than that of the State education bureaucracy. Thankfully, the Court was unanimous in finding that religious communities can teach their own faith to their children from their own perspective. As you may remember, ARPA Canada led a coalition of 313 independent Christian schools and 11 post-secondary institutions to intervene in the case. The coalition was called the Association of Christian Educators and Schools (ACES) and we argued that confessional schools must be accommodated as an alternative to State-run schools. André Schutten, Legal Counsel for ARPA Canada, was in the counsel lock-down this morning and had opportunity to review the decision before it was made public. He noted the following in a press release to the media: “Our hope was that the Supreme Court would affirm hundreds of years of legal precedent that parents are the first decision-makers for their children, and that religious freedom includes the right to train children within a particular worldview. This morning, the Supreme Court has delivered.” He also said, “With this decision, the Court stood up for liberty and for parental rights. While the Court could have been stronger in some places, this is still a welcome decision.” In light of this case, ARPA Canada will be encouraging our elected leaders in Ontario, Manitoba and Alberta to rethink their one-size-fits-all approach to religion, ethics and secularism. Over the past two years, these provinces have imposed a particular religious – that is, secular – worldview on all schools through Bill 13 (Ontario, 2013), Bill 18 (Manitoba, 2014) and Bill 10 (Alberta, 2015), while ignoring or suppressing the freedom of religious institutions and families. Parents ought to have the first and final say on the religious and moral instruction of their children. While the State may assist parents in educating children, they may not override parental decisions relating to ethical and religious instruction. There has been a trend towards Statism in education in Canada. This decision gives hope to parents in stopping that slide.