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Saskatchewan public schools disappointed with premier’s comments on court ruling

Public Schools of Saskatchewan says the province is choosing not to acknowledge that the ruling says government funding of non-Catholic students to attend Catholic schools violate Canada's Constitution. File / Getty Images

The organization representing public school divisions in Saskatchewan says Premier Brad Wall’s comments after a court ruling on funding are disappointing.

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Public Schools of Saskatchewan says the province is choosing not to acknowledge that the ruling says government funding of non-Catholic students to attend Catholic schools violate Canada’s Constitution.

The ruling released last week said the province can’t provide Catholic schools funding for students who aren’t Catholic.

READ MORE: Judge rules Sask. government cannot fund non-Catholic students in Catholic schools

Wall said Monday that the ruling cannot stand and the province will see what can be done to successfully manoeuvre around it.

The premier raised concerns that the ruling means thousands of students could be forced to switch schools and that the viability of some community schools could be at risk.

But Public Schools of Saskatchewan says any disruption caused by students moving from separate schools “is a product of the unilateral decision of Catholic schools to admit those students.”

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“Implementation will demand leadership beyond what is currently being provided and will need to find approaches that will take into consideration the needs and concerns of children and families affected by the judgement,” the group said in a statement to media.

“Saskatchewan’s public schools hope that the government will work with them to pursue a smooth transition to a constitutional funding policy.”

The ruling stems from a lawsuit over the province’s policy of funding separate schools based solely on student enrolment without regard to the religious affiliation of the students.

The dispute started in 2003 when the Yorkdale School Division, now Good Spirit School Division, closed its kindergarten-to-Grade 8 school in the town of Theodore because of declining enrolment. The division planned to bus its 42 students to the community of Springside, 17 kilometres away.

In response, a local group created its own Catholic school division and opened St. Theodore Roman Catholic School.

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That prompted Good Spirit School Division to launch a lawsuit claiming the creation of the new school division was not to serve
Catholics in the community, but rather to prevent the students from being bused to a neighbouring town.

Justice Donald Layh’s ruling noted there is a growing number of non-Catholic students attending Catholic schools in the province.

The Saskatchewan government does not know how many non-Catholic students attend Catholic schools.

Education Minister Don Morgan said Monday that the province wants to consider its options quickly because parents and students are facing so much uncertainty. That could include the nothwithstanding clause or a constitutional amendment from the federal government, he said.

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