The Separation of Church and State in Canada

Religious Schooling

• Catholic schools have been publicly funded in Ontario since 1841

• Denominational school rights were enshrined in the Constitution Act, 1867

• Permits government support of religious (mostly Roman Catholic) schools

The Separate School System• Manitoba abolished provincial Catholic schools in 1890• Newfoundland abolished government funding for religious

schools in 1997• In the 2007 Ontario election, the Conservative Party

proposed extending funding to all faith based schools, but was defeated by the Liberals

Constitution Act, 1982• Recognizes “the supremacy of God” in the

preamble

Sunday Shopping

• In 1985 it was ruled that the Lord’s Day Act, prohibiting the sale of goods on Sunday, violated section 2(a) of the Charter, which guarantees freedom of conscience and religion

School Prayer• In 1988, the Ontario Court of Appeal ruled

that morning school prayer in public schools is unconstitutional

Parliament

• Since 1994, the Parliament of Canada has used a non-sectarian prayer that addresses “God”

Same-Sex Marriage• Canada’s first same-sex marriage occurred in Toronto in 2001, when Joe

Varnell and Kevin Bourassa were married in the Metropolitan Community Church

• Based on the Charter, in 2003 the Ontario Court of Appeal ruled same-sex marriage to be legal

• Despite criticism from religious leaders or the their individual beliefs, legislators were bound to uphold the Charter

• Bill C-38, the Civil Marriage Act, was subsequently passed in Parliament in 2005

How has the Canadian Charter of Rights and Freedoms affected the relationship between politics and religion?