On a motion to strike a constitutional application challenging Ontario's funding of Roman Catholic and public schools to the exclusion of Jewish day schools and other independent faith-based schools, the court held it was not plain and obvious that the applicants could not satisfy the Bedford and Carter threshold for revisiting binding precedent.
The court found a reasonable prospect that changes in constitutional interpretation, state neutrality, international law, minority-rights jurisprudence, and the amendment adding s. 93A could fundamentally shift the parameters of the debate as against Ontario.
The claim against Canada was struck because education funding is a provincial matter, Canada had taken no impugned legislative action, and unincorporated treaty obligations were not directly enforceable against it in this proceeding.
The motion therefore succeeded only in part.
