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Canadian Territorial Court Rules Catholic Schools Must Accept Non-Catholic Trustees

By John-Henry Westen
YELLOWKNIFE, NWT, May 25, 2007 (LifeSiteNews.com) - The Supreme Court of the Northwest Territories (NWT) ruled Wednesday that the Yellowknife Catholic School Board may not refuse non-Catholics to sit as trustees governing the board.

The issue brings to the fore the increasing trend to deny Catholics in Canada their rights to Catholic education supported by the education tax dollars of Catholic rate-payers.  Already in Newfoundland and Quebec the right to Catholic schooling supported by education taxes from Catholics has been removed.

In the current case, Justice J.E. Richard of the NWT Supreme Court ruled that when in 2006 the Board Superintendent tried to nix the candidacy of two non-Catholics who were seeking to run for election as Catholic school trustees, he was outside the law.  The returning officer rejected the Superintendent's notice that non-Catholics Amy Hacala and Debora Simpson were ineligible to run for election, ignoring the crucial role of Catholic trustees to ensure the Catholicity of their schools, a role Hacala and Simpson would highly likely not be equipped or motivated to fulfill.

One of the pair, Amy Hacala, was elected to sit on the Catholic School Board.  The Board however took the returning officer's decision to court for a ruling.  Of note, Brendan Bell, the Attorney General of the NWT sided with the returning officer in denying the Catholic Board the right to limit its controlling officers to those of the Catholic faith.

Lawyer Phil Horgan, the President of the Catholic Civil Rights League wondered if during the election, Catholic electors were informed that two of the candidates were non-Catholics.

Horgan analyzed the ruling finding that it failed to honour long-standing denominational rights in the Territory.  "This technical ruling which distinguishes the NWT from provinces which enjoy these denominational rights," said Horgan, "ignores the settled history of these school boards."

"The judge says that the residential requirement did not extend to a Catholic ratepayer requirement for eligibility to stand for election," explained Horgan.  "To then assert that it was the settled intention of the drafters of this legislation to allow non-Catholics to serve as Catholic school board trustees ignores that history," Horgan concluded.

While the school board has not yet officially announced an intention to appeal the ruling, sources at the school board told LifeSiteNews.com an appeal is likely. 

Local Bishop Denis Croteau was unavailable for comment on the ruling.

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