The United Nations Human Rights Committee ruled on November 5th, 1999 that Canada is violating the above covenant through Ontario's funding of Roman Catholic schools and not those of other faiths. The decision was made on the basis of a submission to the Committee by a Jewish parent, Arieh Waldman, who claimed he had to pay for his sons' religious education whereas a Roman Catholic parent had his/her childrens' religious education paid for by all of the taxpayers in Ontario. The UN Committee agreed with Waldman and dismissed the arguments of the Government of Canada.

This left the province with three choices: Ignore the judgment and risk Canada's reputation as a human rights leader, scrap the government funding of the Roman Catholic school system, or allow a proliferation of taxpayer-funded religious schools. Ontario responded quickly.

Janet Ecker, provincial Education Minister, said the province has no intention of changing the current system that gives equal funding to Roman Catholic and public school students. A few days later, this comment was modified by saying that Ontario would await deliberations by the federal government, the latter being responsible to the U. N. for adherence to the terms of the Covenant.

The United Nations Human Rights Committee gave Canada 90 days to respond to its decision, which is legally binding under international law, but not enforcable. 

Michael O'Shaughnessy, Foreign Affairs spokesman, said that Ottawa must examine the UN ruling before any decisions are made. "The government of Canada will not be able to provide a response until the decision is first studied and consultation is undertaken with the government of Ontario, keeping in mind that education is a provincial responsibility."

Any complaint made to the UN Human Rights Committee by an individual must suggest a remedy for the alleged discrimination. Waldman suggested an extension of public funds for all religious schools, with the establishment of one only public system as a second choice.

Alan Borovoy, of the Canadian Civil Liberties Association, urged a constitutional amendment that would get rid of public funding for the Roman Catholic separate school system. He did not agree with Waldman in extending funding to schools of non-Roman Catholic religions. "You would likely end up balkanizing our school system along religious lines," he said. "We would lose one of the main instruments for promoting inter-group co-operation and respect in our communities. It would be a foolish and unwise move."

It was this latter philosophy that underpinned the submission to the same UN Committee supported by C.R.P.E., known as "Tadman." Our "suggested remedy" to the discrimination evident by the government funding of the Roman Catholic separate schools, was to abolish this government funding. It was not possible, however, to convince a majority of the Committee members that our "victims", who wanted one public school system, and whose children attended the public system, that they were victimized through the presence of a government-funded religious school system. We lost the argument in an 8 to 4 split of the 12-member Committee.

We did, however, send a loud and clear message to the United Nations Committee, the government of Canada, and of Ontario, that the Waldman solution was not one supported by Ontarians. Our voice, representing 79% of the population (see results of our Ontario School Referendum) was heard - loud and clear.

For a full account of the results, click on the School Referendum link.