Appeal from an Ontario reference concerning the constitutional validity of legislation extending full public funding to Roman Catholic separate high schools.
The Supreme Court held the legislation was valid under the province's plenary education power in s. 93 of the Constitution Act, 1867, read with s. 93(3), and that the Confederation compromise respecting denominational schools could not be overridden by Charter equality or religious-freedom guarantees.
A majority also concluded the legislation could be sustained as restoring rights protected by s. 93(1).
The appeal was dismissed, the reference question was answered in the negative, and no costs were awarded.
