In April 2017, Justice Donald Layh, rendered his decision that it was unconstitutional for the government to provide funding to non-Catholic students attending Catholic schools in the Theodore Case. He added that if the province continued to to fund non-Catholic students it would violate the Charter or Rights and Freedom.
This week in a Saskatchewan court room arguments are being heard in order to have the ruling handed down by Justice Donald Layhs overturned. The Judges will hear from many different parties including the Government of Saskatchewan, the Catholic School Division, the Good Spirit School Division, and multiple interveners.
Tom Fortosky, Executive Director for the Saskatchewan Catholic School Boards Association said, "It is a very complicated case and will take some time for the judges in this case to hand down their decision. During the Theodore Case in 2017, the trial lasted 12 weeks and took an additional 9 months before the Justice Donald Layh rendered his decision."
Throughout Saskatchewan there are eight Catholic school divisions, with 4300 students currently enrolled. Although the exact number of non-Catholic students attending the schools across the province in unknown, Fortosky said, " There is a significant number of non-Catholic students who attend Catholic school. If the ruling stands those non-Catholic students will be faced with having to either pay to continue to attend a Catholic school or enroll into a public school in their area.
The argument being heard in the courts this week by the Government of Saskatchewan is that they don't take religion into account as far as funding goes. The Saskatchewan Act states, that when the Government funds separate and public schools it shall not discriminate in the provision of that funding.