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Schulich School of Law, Dalhousie University
Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212
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A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis
A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis
Dalhousie Journal of Legal Studies
On the cusp of a judgment by the Saskatchewan Court of Appeal, this article examines the 2017 Saskatchewan Court of Queen’s Bench decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212. In this case, the SKQB ruled that non-Catholic students attending a publicly funded Catholic school were not entitled to per-student funding grants administered by the provincial government. This article reviews the case using a historicist lens informed by the philosophy of Edmund Burke, which the author suggests is appropriate in the Canadian constitutional context. Through this constitutional lens, the …