A Minority Right?
No! It's a Majority Privilege!

Any discussion of the separate school issue and what to do about it today must take into account the origin of separate schools, over 150 years ago.

In 1841, when Upper Canada (Ontario) and Lower Canada (Quebec) were joined together in a legislative union known as the United Province of Canada, the Day Act provided that "any number of Inhabitants of any Township or Parish professing a religious faith different from that of the majority of Inhabitants of such Township or Parish" may "dissent from the regulations" and set up their own school.

At a time when religious intolerance was widespread, provision for a religious minority to "dissent from the regulations" and therefore from the religious majority, was a solution that suited the time.

The intent, then, of the original legislation, was to establish social harmony by allowing antagonistic faith groups to separate in different schools. The original intent was not to elevate any one faith group into a position of privilege.

Despite the above, subsequent legislation made it easier to establish separate schools for Roman Catholics but more difficult to establish them for others.

One piece of such legislation, the Taché Act of 1855, applied only to Ontario, but was introduced into the Legislature by a member from Quebec, and was passed on the strength of Quebec votes.

Similarly, the Scott Act of 1863, which turned out to be the basis of today's separate schools, applied only to Ontario, but was again passed on the strength of Quebec (Roman Catholic) votes.

These two acts demonstrate that Roman Catholic legislators of the United Province of Canada, being a majority, voted into law, a privilege, for the Roman Catholic citizens of Upper Canada (Ontario).

And so it came about that Roman Catholics were allowed their own government-funded system of schools in Ontario, a privilege enjoyed by no other group.

In the 1800s a majority of legislators, Roman Catholics, most from Lower Canada (Quebec), voted into law a privilege to the Roman Catholics in Ontario.

It was done in a democratic manner, that is, by the rule of the majority.

Likewise, a majority of legislators in Ontario today may vote to remove this same privilege.

This is what democracy is all about.

MINORITY RIGHTS
An editorial in a leading newspaper referred to the laws which govern Roman Catholic separate schools as "minority rights." It stretches the imagination to view the largest religious organization in the province as a "minority." The "minorities" are more properly Hindus, Jews, Serbian Orthodox, Muslim, Anglican, etc. and they, as religious minorities, have no rights.

Politically, a "right" is an entitlement enjoyed by all citizens as outlined in charters of rights. A "privilege" is an advantage (or immunity) enjoyed by an individual citizen or group of citizens.

Minority "rights" not specified in charters of rights (for example, handicapped persons) are really privileges; they are advantages or immunities enjoyed by a group.

MAJORITY PRIVILEGE
Publicly-funded separate schools for Roman Catholic citizens represent a privilege given to the largest religious organization in Ontario, the majority.

When talking about publicly-funded Roman Catholic separate schools, we are not talking about minority rights, we are talking about majority privilege.

No charter of rights would ever grant a privilege.

Privileges are anathema to rights.