CCPR/C/67/D/694/1996
Page 12
and militates against elimination of funding for the Roman Catholic separate
schools. Elimination of funding for separate schools in Ontario would further
lead to pressure on other Canadian provinces to eliminate their protections for
minorities within their border.
Issues and proceedings before the Committee
9.1 Before considering any claim contained in a communication, the Human Rights
Committee must, in accordance with rule 87 of its rules of procedure, decide
whether or not it is admissible under the Optional Protocol to the Covenant.
9.2 The Committee notes that the State party has challenged the admissibility
of the communication ratione materiae. The Committee, however, considers that
the author’s claim of discrimination, in itself and in conjunction with articles
18 and 27, is not incompatible with the provisions of the Covenant. The State
party has not raised any other objections and accordingly the Committee finds
the communication admissible. The Committee does not consider that there would
be any difficulty or disadvantage to the parties in proceeding to consider this
case on its own without joinder as requested by the State party.
10.1 The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as provided
in article 5, paragraph 1, of the Optional Protocol.
10.2 The issue before the Committee is whether public funding for Roman Catholic
schools, but not for schools of the author’s religion, which results in him
having to meet the full cost of education in a religious school, constitutes a
violation of the author’s rights under the Covenant.
10.3 The State party has argued that no discrimination has occurred, since the
distinction is based on objective and reasonable criteria: the privileged
treatment of Roman Catholic schools is enshrined in the Constitution; as Roman
Catholic schools are incorporated as a distinct part of the public school
system, the differentiation is between private and public schools, not between
private Roman Catholic schools and private schools of other denominations; and
the aims of the public secular education system are compatible with the
Covenant.
10.4 The Committee begins by noting that the fact that a distinction is
enshrined in the Constitution does not render it reasonable and objective. In
the instant case, the distinction was made in 1867 to protect the Roman
Catholics in Ontario. The material before the Committee does not show that
members of the Roman Catholic community or any identifiable section of that
community are now in a disadvantaged position compared to those members of the
Jewish community that wish to secure the education of their children in
religious schools. Accordingly, the Committee rejects the State party’s argument
that the preferential treatment of Roman Catholic schools is nondiscriminatory
because of its Constitutional obligation.
10.5 With regard to the State party’s argument that it is reasonable to
differentiate in the allocation of public funds between private and public
schools, the Committee notes that it is not possible for members of religious
denominations other than Roman Catholic to have their religious schools
incorporated within the public school system. In the instant case, the author
has sent his children to a private religious school, not because he wishes a
private non-Government dependent education for his children, but because the
publicly funded school system makes no provision for his religious denomination,