Ontario Severance

D., et al v. Attorney General of Ontario

1999 CanLII 3715 (ON CA)Court of Appeal for OntarioDecided Labour relations

Constitutional Challenge: Teacher Hiring & Denominational Rights

Summary

This is a constitutional appeal concerning the validity of Section 136 of the Ontario Education Act, which prohibited the consideration of religion in teacher employment decisions. The Court of Appeal determined that this section violated the denominational guarantees under Section 93(1) of the Constitution Act, 1867, by infringing on the implicit rights of Roman Catholic separate school boards to prefer Catholic teachers and dismiss them for denominational cause.

Outcome

Section 136 of the Education Act declared of no force or effect

Key Factors

  • denominational guarantees
  • Section 93(1) Constitution Act 1867
  • teacher hiring
  • religious preference
  • Education Act

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More Ontario employment decisions from the 1990s

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.