Human Rights, Fair Treatment, and Funding of Private Schools in Canada

Abstract

Private schools and their supporters still receive differential treatment in Canada. The disadvantage they suffer differs from province to province although, as a whole, the region west of Ontario treats them more favourably than does any other. Such disadvantage is accompanied by the dominant viewpoint that parents sending or wishing to send their children to private schools do not deserve government assistance. The need for public education has been perceived to be so compelling that nothing is seen to be wrong in penalizing parents, financially or otherwise, for choosing private schools for their children. Examination of entitlement to human rights can contribute to developing a more sympathetic view of the funding of private schools. Equality or justice, a fundamental human rights principle, requires that everyone be treated fairly or in a non-discriminating way and that any institution or person practising differential treatment prove relevant and over-riding grounds. This leads to the conclusion that acceptance of human rights principles in Canada imposes a prima facie obligation on government to support private-school parents no less than it does their public-school counterparts. This does not mean that the right to equal support may not be over-ridden. It does imply, however, that discriminatory presumptions underlying governmental policy on funding of private schools must now be reversed unless compelling reasons are demonstrated.