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- Written by Charlotte Taillon
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The Alberta Catholic School Trustees’ Association (ACSTA) joins with the Roman Catholic Diocese of Calgary in mourning the passing of Most Reverend Frederick (Fred) B. Henry, Bishop Emeritus of Calgary; a towering figure in the preservation and promotion of Catholic education in Alberta. We extend our heartfelt condolences to his family, friends, and the faithful he served so passionately.
His long-standing connection to the ACSTA spanned 18 years as the liaison Bishop on our Board of Directors. In recognition of his service, Bishop Henry was awarded the ACSTA Honorary Life Membership in 2009, a testament to the deep respect he earned from Catholic trustees across Alberta, Northwest Territories and Yukon.
Nationally, Bishop Henry was celebrated as the 2017 recipient of the Justice James Higgins Award, the highest honor conferred by the Canadian Catholic School Trustees’ Association (CCSTA). This award recognizes individuals who have made exceptional contributions to Catholic education in Canada. Bishop Henry was nominated by ACSTA to honor his lifetime of dedication, beginning in Ontario as Liaison Bishop to the Association of Catholic Colleges and Universities of Canada and as a member of the Ontario Conference of Catholic Bishops Education Commission. His work continued in Alberta, where he served as the liaison Bishop with ACSTA and played a pivotal role in curriculum development and advocacy for publicly funded Catholic education.
His extraordinary impact was also acknowledged by Cardinal Thomas Collins of Toronto, who praised Bishop Henry’s “prophetic voice” and Archbishop Richard Smith of Edmonton, who lauded him as “a man of God with a capacity for clear thought and bold proclamation.”
During his tenure as Bishop of Calgary, he was a beacon of faith and a stalwart advocate for the mission of Catholic education. He spoke eloquently and fearlessly on the importance of our schools as places where faith and learning come together to form future leaders rooted in the teachings of Christ.
His leadership inspired countless trustees, reminding us all of the essential role Catholic schools play in nurturing not just minds, but hearts and souls. Bishop Henry’s passionate advocacy, even in the face of adversity, remains a guiding light for all who continue the mission of Catholic education in Alberta.
ACSTA President Kelly Whalen said: “Bishop Fred Henry was a true champion of Catholic education, and his leadership and courage will be deeply missed. He reminded us all of the sacred mission of Catholic schools, and inspired us to remain steadfast in our faith and our calling. His impact will be felt for generations.”
As we honour his extraordinary life, we encourage everyone to pray for the repose of Bishop Fred Henry’s soul. May he rest in the eternal peace of Christ, whom he so faithfully served.
Requiescat in pace.
Eternal rest grant unto them, O Lord, and let perpetual light shine upon them. May their souls and all the souls of the faithful departed, through the mercy of God, rest in peace. Amen.
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Theme: Preparing the Way for Christ
Catholic school trustees are called not only to govern but to serve as stewards of both faith and education. Advent is a season of waiting and preparation. It is a time to reflect on how we are creating spaces where Christ's presence can be felt.
In the Gospel of Matthew, John the Baptist calls us to “Prepare the way of the Lord; make his paths straight.’ ”(Matthew 3:3). This invitation resonates deeply with the role of a trustee. Just as John prepared the way for Jesus, we are tasked with ensuring that our schools are environments where both students, staff and administrators can encounter Christ and grow in their faith.
Advent invites us to consider:
- Hope: Are we fostering hope in our decision-making, ensuring that the policies and initiatives we champion reflect trust in God’s promises?
- Peace: Are we promoting harmony and unity within our school communities, especially in moments of conflict or challenge?
- Joy: Do we celebrate the successes and blessings in our schools with gratitude, recognizing God’s work among us?
- Love: Are we prioritizing the dignity and well-being of every student and staff member, reflecting Christ’s unconditional love?
This Advent, let us take time to listen deeply to the Holy Spirit in our work. May we discern God’s will in the challenges we face and trust in His guidance as we navigate the complexities of Catholic education.
As trustees, our leadership is an opportunity to bear witness to the Light of Christ. Let us recommit ourselves to this mission during this holy season, knowing that through our service, we help to prepare the way for Christ in the hearts of those we serve.
Closing Prayer:
Heavenly Father,
As we journey through Advent, open our hearts to your presence. May we, as trustees, be instruments of your hope, peace, joy, and love in our schools. Strengthen us in our mission to serve with faith and humility. Help us to always prepare the way for your Son, Jesus Christ, in our work and in our lives.
Amen.
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- Category: Blog
As we pray for the repose of the soul of Monsignor John (Jack) Hamilton, we also take time to celebrate his remarkable legacy; a lifetime dedicated to Catholic education, pastoral care, and the unwavering service of his community. Fr. Jack received an Honorary Life Member Award from the Alberta Catholic School Trustees’ Association (ACSTA) in 2022. His service spanned over 60 years, leaving a profound impact on countless students, families, and educators across Alberta.
A Lifetime of Service
Born in Montreal, Fr. Jack pursued his calling to priesthood through studies at St. Francis Xavier University in Nova Scotia and St. Joseph’s Seminary in Edmonton. He was ordained as a priest of the Catholic Archdiocese of Edmonton in 1963. Not long after, he earned a degree in education from the University of Alberta and began teaching junior high at St. Nicholas School.
Throughout his ministry, Fr. Jack embraced every opportunity to serve, holding positions as teacher, religious education consultant, parish priest, diocesan vicar, and even editor of the diocesan newsletter. He continually adapted to the needs of his community, embodying humility, dedication, and an unwavering belief in the power of Catholic education to shape lives.
Champion of Catholic Education
Fr. Jack’s passion for Catholic education was evident in every role he undertook. After completing graduate studies at Corpus Christi College in London in 1971, he returned to Edmonton Catholic Schools as a high school religious education consultant, guiding curriculum development and supporting teachers.
Wherever his ministry took him—whether Edmonton, Red Deer, or Sherwood Park—Fr. Jack prioritized Catholic schools and their mission. His 17 years as pastor of Our Lady of Perpetual Help (OLPH) Parish in Sherwood Park were marked by his active involvement with Elk Island Catholic Schools, where he served as a mentor, spiritual guide, and friend.
From officiating at school openings and graduations to celebrating sacraments with students and families, Fr. Jack’s presence enriched the faith and educational journeys of those he encountered. His commitment to Catholic education was not just professional—it was deeply personal. He lived as a witness to Christ’s teachings, inspiring those around him to do the same.
Recognized Excellence
In 2022, Elk Island Catholic Schools proudly nominated Fr. Jack for the Honourary Life Membership Award from the ACSTA. This recognition celebrated his extraordinary contributions as a teacher, administrator, priest, and advocate for Catholic education.
During the award presentation, his colleagues highlighted his unparalleled dedication:
"The primary means of catechesis and religious education is witness, and for a generation of parishioners in Sherwood Park, Fr. Jack epitomized what it means to be a disciple of Christ."
His work extended beyond the classroom and parish. Fr. Jack’s role as Vicar General and his involvement in organizing St. John Paul II’s papal visit to Edmonton in 1984 were testaments to his leadership and devotion to the Catholic community.
A Lasting Legacy
Fr. Jack’s impact resonates in the lives of those he served. His ability to bring faith to life—through joyful celebrations, comforting presence in difficult times, and unwavering support for Catholic education—leaves a legacy that will endure.
As we honor his memory, we remain grateful for his countless contributions and the example he set for educators, trustees, and parishioners alike. Fr. Jack Hamilton truly embodied the heart of Catholic education and ministry, and his legacy will continue to inspire generations to come.
Eternal rest grant unto him, O Lord,
and let perpetual light shine upon him.
May his soul and the souls of all the faithful departed,
through the mercy of God, rest in peace.
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- Category: Blog
[Left to right: Cristina Wendel, Partner at Dentons Canada LLP; Madison Fleck, Award recipient & Student at St. Joseph's College, University of Edmonton; Kelly Whalen, President, ACSTA]
The Alberta Catholic School Trustees’ Association (ACSTA) was honored to recognize Madison Fleck, the St. Joseph’s College recipient of the 2024 Justice Kevin Feehan Award, during our Annual General Meeting and Convention. This prestigious award celebrates students who exemplify faith, service, and leadership while promoting and living the values of Catholic education in Alberta.
The Justice Kevin Feehan Award is given annually to two full-time students, one each from St. Joseph’s College in Edmonton and St. Mary’s University in Calgary, who demonstrate a steadfast commitment to Catholic education. Named in honor of Justice Kevin P. Feehan, a passionate advocate for faith-based learning and a long-time supporter of ACSTA, this $1,500 award reflects his enduring legacy of championing Catholic education and its role in shaping compassionate, faith-filled leaders.
To qualify, recipients must maintain strong academic standing with a GPA of 2.5 or higher on a 4.0 scale. Preference is given to those enrolled in or who have completed the St. Joseph’s College Certificate in Catholic Education, a program designed to foster a deep understanding of Catholic education’s principles and values.
This year, Madison received the award from Cristina Wendel, Partner at Dentons Canada LLP, and ACSTA President Kelly Whalen, who presented it on behalf of Justice Kevin P. Feehan.
[Cristina Wendel, Partner at Dentons Canada LLP introduces Madison at the ACSTA AGM]
“I am incredibly thankful to the St. Joseph’s College community, as well as Justice Kevin Feehan, for making these opportunities possible" Madison stated, "Thank you to the ACSTA for the continuing support of young educators like myself. I am truly excited to one day be among you all as a colleague.”
Madison’s achievements highlight the transformative power of Catholic education to foster both academic and spiritual growth while nurturing leaders committed to service, justice, and the common good. Her dedication is a powerful testament to the mission of faith-centered education.
Looking to the future, Madison remarked:
“When I graduate from the University of Alberta, I intend to work in a Catholic school. The classes at St. Joseph’s College provide the foundations for becoming a knowledgeable Catholic teacher, and I am excited to bring my experiences from these courses into my own classroom and pedagogy.”
We extend our heartfelt congratulations to Madison on this well-deserved honor and offer prayers for her continued success. May God bless Madison and all who champion Catholic education as we work together to build a brighter future rooted in faith, service, and community.
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- Written by Charlotte Taillon
- Category: Articles
In February 2024, the Alberta Catholic School Trustees' Association (ACSTA) hosted a Catholic Education Symposium at Corpus Christi Parish in Edmonton, Alberta.
Over 130 members of the Catholic Education community gathered, including trustees, superintendents, principals, teachers, school chaplains, clergy, and university students. Together, they engaged in a crucial conversation around a vital question:
How can we best support the formation of teachers in our schools so they can serve as faithful Catholic witnesses and models for our students?
Following the symposium Dr. Dean Sarnecki, Trustee for Elk Island Catholic Schools, organized and analyzed the data collected during the event. He complied the finding into a comprehensive report for the Catholic Education community.
ACSTA is proud to share this valuable resource:
- Executive Summary
- Teachers as Missionary Disciples: Forming Witnesses for Catholic Schools; by Dr. Dean Sarnecki
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ACSTA Executives, Directors, and staff attended the Canadian Catholic School Trustees’ Association (CCSTA) AGM and Convention in Calgary last week, along with members from over 90 school boards who represent more than 850,000 students.
Attendees prayed and worshiped together, heard from a variety of keynote and
breakout speakers, discussed national resolutions, and broke bread over the course of their three and a half days together.
Hosted by the Calgary Catholic School District, the event spanned three days of discussions, keynote speeches, and fellowship. It began
with an inspiring address by Father Cristino Bouvette titled “Reconciliation is Possible: The Contribution of Catholic Education towards Reconciliation with our Indigenous People,” highlighting the role of Catholic education in fostering reconciliation.
On Friday, attendees were treated to thought-provoking sessions by Ian McCormack and Dr. Bob Murray. McCormack’s presentation, “Who’s Driving the School Bus,” explored leadership dynamics in educational settings, while Dr. Murray’s talk, “Maintaining the Gift of Catholic Education in an Era of Political Polarization,” addressed the challenges and resilience of Catholic schools amid contemporary political tensions.
That afternoon, attendees could choose from a range of topics presented by notable speakers, including Janelle Reinhard, Dr. Peter Baltutis, Kevin Warriner, Father Paul Moret, Dr. Bryan Szumlas & Cynthia Launière, and Dr. Caroline Maillet-Rao.
The day's activities concluded with a social event at Calgary’s Heritage Park. This evening of dining and networking reinforced the sense of fellowship and shared purpose that defines the CCSTA.
Saturday’s program featured Kate Mallon from Grateful Advocates for Catholic Education (GrACE), who delivered a compelling keynote on “The Courage to Lead” in Catholic education. In addition to reviewing the current state and history of Catholic Education in Alberta, Mallon emphasized the importance of strong leadership in navigating the challenges facing Catholic schools and highlighted GrACE's role in advocating for the system. Her talk was followed by the formal AGM, where members voted on key resolutions and discussed pivotal issues impacting Catholic education. The meeting concluded with a Mass and procession at St. Mary’s Cathedral celebrating the feast of Corpus Christi, during which the CCSTA Board of Directors received a blessing from Bishop William McGrattan of Calgary. 
With this year’s event in Calgary over, attendees are already looking forward to the 2025 convention in Halifax, Nova Scotia, promising another opportunity to celebrate and strengthen the bonds within the Catholic educational community across Canada.
ACSTA is represented on the CCSTA Board of Directors by our President, Kelly Whalen and also by ACSTA’s Past President, Harry Salm, who is currently serving as CCSTA’s Vice President.
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Each year, the Alberta Catholic School Trustees’ Association (ACSTA) has the privilege of hosting two distinct spiritual retreats, designed specifically for the
Catholic education community.
These retreats, anchored by a thoughtfully chosen theme, offer participants a meaningful journey of spiritual growth and reflection. This year's theme was “Rooted in Faith.”
The SPICE (“Sharing Purpose in Catholic Education”) retreat brings together Catholic school educators from across the province to prayerfully explore current issues in Catholic education.
SPICE 2024 was led by speaker Dr. Brett Salkeld, author, father, theologian and former teacher.
Dr. Salkeld’s talks covered a range of topics, from identifying the purpose of education (from a Catholic vs. secular perspective), to how one integrates a Catholic worldview across each and every subject.
Through his engaging talks, he highlighted practical strategies for educators to infuse their teachings with Catholic principles, ensuring that students receive a holistic education that nurtures both their intellectual and spiritual growth.
While similar to SPICE, the ACSTA Blueprints retreat is tailored to Catholic school administrators and trustees.
This year’s speaker was Dr. Bob McCarty, former Executive Director of the National Federation for Catholic Youth Minister in Washington, DC., as well as lecturer at the University of Dallas and the Catholic University of the Americas.
His talks explored contemporary cultural challenges facing the Church in relation to young people, maintaining a spiritual lens, living a grace-filled life, and nourishing one’s faith journey in connection with others
.
Both retreats were opportunities not only for faith formation and professional development, but also celebration and fellowship.
Daily Masses, group prayer liturgies, and music were integral parts of the retreats.
Formal banquets were held to recognize and celebrate the CCSSA Excellence in Catholic Education award recipients, many of whom attended as participants.
Overall, the ACSTA hosted over 300 participants at the SPICE and Blueprints retreats, bringing together individuals from all corners of Alberta’s publicly funded Catholic education system.
We look forward to seeing everyone again at SPICE and Blueprints 2025!
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ACSTA was pleased to welcome over 30 MLAs and 50 trustees from 13 Catholic school divisions to the 2024 MLA
reception on April 15, 2024.
The evening commenced with a prayer led by ACSTA's Bishop liaison, Archbishop Richard Smith. Following a land acknowledgment by Trustee Donna Duda (Holy Family Catholic Regional Division), ACSTA Kelly Whalen delivered welcome remarks emphasizing the unifying force of our Catholic faith and the distinctive approach to education embraced within our schools.
"In our schools every student is cherished as a child of God, their inherent dignity celebrated and honored." He underscored the remarkable achievements of Catholic school divisions, including their strong performance on the Alberta Education Results Reports (AERR), not only in terms of academic results, but also in 
facilitating Welcoming, Caring, Respectful, and Safe Learning Environments as well as a high degree of parental involvement.
Following President Whalen’s remarks, Premier Danielle Smith conveyed her appreciation for the dedication of educators, parents, and students in ensuring an exceptional education within our systems.
"Our government remains committed to collaborating with you to deliver an outstanding education aligned with your values," she assured attendees, going on to outline initiatives aimed at expanding parental and student choice, modernizing schools to alleviate enrollment pressures, and investing in classroom supports – particularly in addressing complex needs and mental health challenges.
NDP Opposition Critic for Education Amanda Chapman started her remarks by recounting a story about her first encounter with ACSTA Director Mary Martin (CCSD). Chapman commended Martin's warmth and professionalism, expressing admiration for her dedication to service. She emphasized the NDP's steadfast support for public education, citing its inclusivity and the many choices it offers Alberta families.
“It is not just me who believes in the role of Catholic Education in Alberta, my colleagues here tonight, my party leader, Rachel Notley,
and the entire NDP team stands in support of public education because public education is about accepting all children regardless of their abilities or disabilities and public education is able to offer so much choice for Alberta families.” Chapman stated, “We will continue to advocate for public education and for better funding of all of our public education projects. The work that you do is so valuable and I want to thank you for doing it. For your faith, for your schools, for your teachers, and most of all for your students.”
The ACSTA MLA Reception is an annual event that 
provides an opportunity for Catholic Education trustees to foster new relationships, as well as to engage in open dialogue and build support for Alberta’s publicly funded Catholic Education System.
ACSTA is a non-partisan advocacy organization, representing 24 Catholic school trustees to the governments of Alberta, Yukon, and the Northwest Territories. Our mission is to celebrate, preserve, promote, and enhance Catholic education, fostering collaboration and advocacy for the benefit of our students and communities.
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- Written by Kevin P. Feehan
- Category: Legal
This article was originally published in the Fall 2014 issue of The Catholic Dimension, and is re-posted here for public reference.
Introduction
Any young Canadian girl or boy who has attended a National Hockey League game in Canada has sung the words “God keep our land” as part of the National Anthem.
The Canadian Charter of Rights and Freedoms opens with the words:
“Whereas Canada is founded upon principles that recognize a supremacy of God and the Rule of Law”,
and that Charter contains the basic guarantee of religious freedom in section 2 (a):
“Everyone has the following fundamental freedoms:
(a) Freedom of conscience and religion . . .”
In Canada, there is no official constitutional separation of church and state. The Supreme Court of Canada said in Big M Drug Mart [1985]:
“A truly free society is one which can accommodate a wide variety of beliefs, diversity of tastes and pursuits, customs and codes of conduct.”
Canadian constitutional law therefore promotes the active engagement of a diversity in religious views, the promotion and respect of all religious views in relationship to one another; it promotes a religious pluralism, not the absence of religion in state matters, but the encouragement of a diversity in religious views, practices, beliefs and observances as part of a Canadian state.
Religious Pluralism
When one speaks of religious pluralism, in the context of constitutional law, one envisions not merely diversity of religion or faiths but the active engagement, not merely tolerance, of such diversity, the active seeking of understanding of religious differences “not in isolation, but in relationship to one another”.
In this context, religious pluralism is neither relativism, or normative pluralism, the philosophy of Quebec’s “secular revolution”, the belief that every spirituality is equal and no faith gives access to absolute truth, nor syncretism, the amalgamation of faiths, creeds and spiritualties, blended together as a shopping cart of spiritual understandings. Religious pluralism means allowing each believer their own religious identity, and their own religious commitment, but provides for the encounter of those commitments, holding religious differences not in isolation but in relationship. It is based on encounter, understanding and dialogue, examination and self-examination.
Chris Beneke in Beyond Toleration: The Religious Origins of American Pluralism, 2006, says that religious pluralism goes beyond toleration, because toleration is only the absence of religious persecution, and does not necessarily preclude discrimination; it is defined as “respecting the otherness of others: and accepting the given uniqueness endowed to each one of us” (Beneke, 2006). Mark Silk in Defining Religious Pluralism in America: A Religious Analysis (2007) says that “it is a cultural construct that embodies some shared conception of how a country’s various religious communities relate to each other and to the larger national whole”, and involves dialogue between persons of different faiths, denominations and experiences for the goal of reducing conflict and achieving mutually agreed upon ends. Such pluralism entails “not competition but cooperation”, both inter and intra religious groups.
The Canadian constitution, the Canadian Charter of Rights and Freedoms and Canadian case law attempts, not always successfully, to achieve a goal of religious pluralism, allowing each Canadian, individually, to practice their spirituality and faith, while recognizing, respecting and encouraging others to do the same, even though differently, as a different interpretation or path to the same end. This concept attempts to allow each individual to hold their own personal beliefs sacrosanct, while appreciating and respecting those of others.
A significant example of this religiously plural intent in the Canadian constitution is found in section 93(1) of the Constitution Act, 1867:
“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”.
It is generally agreed that Confederation would not have been achieved in Canada without the protections accorded to denominational or separate schools that were forged largely by D’Arcy McGee in 1864 and Alexander Galt in 1866. The most often quoted excerpt to this effect is the speech in the House of Commons of Prime Minister Sir Charles Tupper in 1896:
“...I say it within the knowledge of all these gentlemen ... that but for the consent to the proposal of the Hon. Sir Alexander Galt, who represented especially the Protestants of the Great Province of Quebec on that occasion, but for the assent of that conference to the proposal of Sir Alexander Galt, that in the Confederation Act should be embodied a clause which would protect the rights of minorities, whether Catholic or Protestant, in this Country, there would have been no Confederation .... I say, therefore, it is important, it is significant that without this clause, without this guarantee for the rights of minorities being embodied in that new constitution, we should have been unable to obtain any confederation whatever” (Debates of the House of Commons, March 3, 1896, col. 2719-2724).
That provision which applies in Ontario, was modified for Manitoba by the Manitoba Act, 1870, for Alberta by the Alberta Act, 1905 and for Saskatchewan by the Saskatchewan Act, 1905. It applied in Quebec until 2000 when it was removed by constitutional amendment. A similar provision as set out in Newfoundland’s Terms of Union applied until 1998, when also removed by constitutional amendment. It remains protected in section 29 of the Canadian Charter of Rights and Freedoms:
“Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.”
Distinction from the American Approach
The American Constitution, as it addresses fundamental rights, is based interpretively on the words in the Declaration of Independence, July 4, 1776:
“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuant of happiness.”
Life, liberty and the pursuant of happiness are all individualistic rights, granted to persons, enforceable by persons on an individual basis.
On the other hand, the animating words, describing the powers of the Canadian federal government in section 91 of the Constitution Act, 1867, are:
“It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order and Good Government of Canada...”.
Peace, order and good government are collective rights, possessed by all of the peoples of Canada, commonly in a federal system.
The First Amendment to the Constitution of the United States, the “separation of Church and state” pronouncement, reads in part as follows:
“Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof...”.
The United States Supreme Court in Thomas v. Indiana Employment Review Board, 450 US 707 (USSC, 1981) in interpreting these American constitutional provisions adopted a subjective, personal and deferential definition of freedom of religion, centered upon sincerity of belief:
“The guarantee of free exercise is not limited to beliefs which are shared by all of the members of a religious sect ....Courts are not arbiters of scriptural interpretation” ( quoted in Syndicit Northcrest c. Amselem, para. 45).
A similar conclusion was reached in Frazee v. Illinois Dept of Employment Security, 489 US 829 (US Ill. S.C., 1989).
Canadian Religious Pluralism is different than the American Separation of Church and State
As a result, the Supreme Court of Canada has indicated in Big M Drug Mart Ltd. [1985] 1 S.C.R. 295, that “recourse to categories from the American jurisprudence is not particularly helpful in defining the meaning of freedom of conscience and religion” in Canada (para. 105).
The Supreme Court of Canada addressed the distinction between the American constitutional protection in the area of conscience and religion and that given by the Canadian Charter of Rights and Freedoms in R. v. Videoflicks Ltd. (“Edwards Books”), [1986] 2 S.C.R. 713 where it acknowledged: “the difference between the Canadian and American constitution is not just in respect of the wording of the provisions relating to religion, but also regarding the absence of a provision such as s. 1 of the Canadian Charter in the American instrument” (para. 86). It acknowledged that when strictly read, the American Constitution asserted “that First Amendment rights were absolute, that is, not subject to the sort of balancing which is undeniably required in Canada under s. 1 of the Charter “ (para. 93), even though in addressing freedom of religion arguments in the United States, the Supreme Court there “was engaged in the balancing process which, under a constitution like Canada’s, would properly be dealt with under a justificatory provision such as s. 1” (para. 94).
The importation of American, individualistic fundamental freedoms which are absolutist in nature, do not have a “justification” exception, and are based upon an express separation of church and state, are therefore difficult to transport into a Canadian understanding, which is traditionally collective in nature, subject, however, to a degree of individualization expressed in the Canadian Charter of Rights and Freedoms, but modified by a justification for breach of rights in section 1 of the Charter, without an express provision of separation of church and state, and based upon an historic religiously plural experience and intent.
Conclusion
Canadian society, informed by the Canadian constitution, is one which values tolerance, multiculturalism, respect for minorities and respect for both collective and individual rights. Canadian emphasis on religious pluralism, encouraging and respecting a diversity of religions or faiths and active engagement in understanding of religious differences is reinforced by the constitutional text and case law interpretations. Religious pluralism entails cooperation and understanding between religious denominational groups, respect for and encouragement of beliefs, and the holding of those religious differences in relationship. Religious rights in Canada are a product of Canadian legal sociology, the addition of individual rights and protections in sections 2 through 15 of the Canadian Charter of Rights and Freedoms, as modified and balanced by the “justification” section, section 1, and the attempt of the courts in this country to respect "sincere belief” without engaging the secular courts in the quagmire of “validity” of religious beliefs. That is the quintessential Canadian way.
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- Written by Kevin P. Feehan
- Category: Legal
This article was originally published in the Fall 2004 issue of The Catholic Dimension, and is re-posted here for public reference.
Catholic separate school rights are constitutionally protected by virtue of s. 93(1) of the Constitution Act, 1867, section 17(1) of the Alberta Act, 1905 and section 29 of the Charter of Rights and Freedoms. The provisions of the School Ordinance, 1901, make it clear that at the time Alberta entered Confederation, Catholic separate ratepayers, now electors, had the right to establish Catholic separate school districts, and that once established, the trustees of that district had all of the "rights, powers, privileges and... liabilities" as set out with respect to public school districts, including the right to: engage and dismiss teachers; impose duties and obligations upon teachers; ensure that the schools operated according to the provisions of the School Ordinances, including those provisions protecting denominational education.
In order for a constitutional right to preferential hiring, promotion and denominational dismissal for cause to be protected, it must have been a right enjoyed by Catholic separate ratepayers by law at the time Alberta entered Confederation, and that right must relate to denominational education, or non-denominational aspects necessary to delivery of the denominational aspects of education. See PSBAA v. Alberta [2000], OECTA v. Ontario [2001], A.G. of Quebec [1991], and Ottawa Separate School Trustees v. Mackell [1917].
If these criteria are met, denominational education rights will be a defence to the enforcement of the provisions of the Human Rights, Citizenship and Multiculturalism Act and ss. 2(a) and 15 of the Charter of Rights and Freedoms as against a Catholic board.
Courts in Canada have unanimously agreed in Brophy v. A.G. of Manitoba [1895], Tiny Separate School Trustees v. The King [1927], Caldwell v. Stuart [1984], Daly v. Ontario A.G. [1997], and Hall v. Powers [2002], that Catholic education has a distinct Catholic denominational philosophy which fundamentally recognizes the duty of the Catholic Church to focus upon the formation of the whole person, according to the doctrine of the Catholic Church, attempting to achieve a synthesis of faith and culture fully permeated with the spirit and meaning of the gospel. The purpose and mission of a Catholic separate school is the inculcation of Catholicism in every aspect of the school, not simply in religion class, and the Catholic school that does not provide such a denominationally-focused education may be deprived of its separate school status. See Jacobi v. Aqueduct RCSSD No. 374 [1994].
Given this very distinct role of Catholic education, it is not surprising that the role of the teacher in the Catholic school is to emulate by personal example and modeling the teachings of the Catholic Church. In the Catholic philosophy of education, the teacher is required to live in "imitation of Christ" and to be a constant example of the teachings of the Church, not only in their words but in their conduct. They are required to be the "highest model of Christian behaviour" and to transmit the Catholic faith to their students through their personal example, beliefs, values, attitudes and lifestyle. It is this expectation which is incorporated in the contractual relationship between the teacher and the Catholic board, requiring that the teacher follow, both in and out of school, a lifestyle and deportment in harmony with Catholic teachings and principles. See Caldwell, supra, and Daly, supra.
It has been clear since the earliest days of Confederation that Catholic separate schools are entitled to preferential hiring; that is, the preference to hire Catholic teachers over others and the preference to require all teachers to live as examples of the Catholic faith. The Courts have found that such a preferential hiring right was in existence at the time of Confederation and has been legally recognized throughout history. More recently, the Courts have recognized the right of Catholic separate schools to terminate the employment of teachers for "denominational cause," including marrying in a civil rather than a Church ceremony, marrying a divorced person, or engaging in pre-marital sexual intercourse, as evidenced by requests for maternity leave. In addition, the Courts have recently recognized the right to preferential promotion of teachers to the positions of principal, vice-principal or departmental heads, on the basis of Catholic preference, if the promotion policy was a specific religious requirement necessary to maintain the denominational character of the school. See Re Essex RCSSB and Porter et al [1978], Caldwell, supra, Re Daly, supra, OECTA v.Dufferin-Peel RCSSB [1999], and Re Casagrande and Hinton RCSSD No. 155 [1987].
The standard to which a teacher in a Catholic school will be held is an elevated standard of Christian behaviour and requires attentive compliance in all aspects with Catholic teachings and principles. We live in a society in which others may behave in ways not always in strict communion with Catholic theology and doctrine. Teachers in Catholic schools are not expected to permit such relaxations of standards. They are held to a higher standard, not necessarily fair by societal comparison, but fundamental to the permeation of Catholic teaching in the Catholic school.
Where there has been a direct conflict between the provisions of human rights legislation, or sections 2(a) and 15 of the Charter of Rights and Freedoms, with denominational education rights preserved by section 93(1) of the Constitution Act, 1867, and section 17(1) of the Alberta Act, 1905, the Courts have resolved that conflict in favour of upholding denominational education rights, relying on section 29 of the Charter and the "special treatment guaranteed by the Constitution to denominational, separate or dissentient schools" even where those rights currently fit uncomfortably with other Charter guarantees. See Re Casagrande, supra, Mahe v. Alberta [1990] and An Act to Amend the Education Act (Bill 30) [1987].
Finally, the Courts have held that the constitutional rights enjoyed by separate Catholic schools are not frozen "as at 1905," but as educational modes and methods evolve, so do such rights. As a result, the recent phenomenon of reliance upon teacher assistants and other non-teachers in the classrooms, as an extension of mode or method of instruction in the classrooms, attracts the constitutional protections relevant to teachers as they existed in 1905. See Ottawa Separate School Trustees v. City of Ottawa [1915], Hirsch v. Protestant School Commission of Montreal [1928], Jacobi, supra, Ontario Home Builders' Assoc. v. York Region Board of Education [1996], OECTA v. Ontario, supra, and Bill 30, supra.
