The applicant, a non-Catholic student at a Catholic high school, challenged a school board policy requiring student trustees to be Roman Catholic.
The Divisional Court held that the policy was not protected by the denominational school rights in s. 93(1) of the Constitution Act, 1867, because the role of student trustee did not exist at Confederation and does not involve governance.
The court found the policy violated the equality rights of non-Catholic students under s. 15(1) of the Charter and could not be justified under s. 1.
Furthermore, the policy was found to be ultra vires the school board as it conflicted with provincial regulations.
The policy was quashed.
