The Legal and Practical Ramifications of Theodore

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This paper examines the interplay of constitutional law and education, focusing on the recent decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212, 2017 SKQB 109 [Theodore]. The fundamental issue in Theodore was whether the Saskatchewan government could constitutionally fund non-Catholic students attending Catholic separate schools. The first part of the paper reviews the Theodore decision in detail, considering the legal issues and the reasons for the court’s decision. In the second part of the paper, the legal and practical ramifications of the Theodore decision in Alberta are discussed.

This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.

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