Re Essex County Roman Catholic Separate School Board and Porter et al.
Constitutional Challenge: Teacher Dismissal Rights
Summary
This is a constitutional law case concerning the validity of provincial legislation that empowered a Board of Reference to reinstate teachers dismissed by denominational school boards. The court held that the legislation was ultra vires as it prejudicially affected denominational rights protected under section 93(1) of the British North America Act, 1867. The court further upheld the school boards' authority to dismiss teachers for denominational reasons, such as contracting civil marriages, and found that the Board of Reference lacked jurisdiction to override these rights.
Outcome
Legislation held ultra vires; dismissals upheld
Key Factors
- section 93(1) British North America Act
- denominational rights
- teacher dismissal
- ultra vires
- jurisdiction of Board of Reference
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