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the purpose of article 18 is to ensure that religious observance, beliefs and
practices remain a private matter, free from State coercion or restraint. It is
the State’s obligation to provide an education open and accessible to all
children regardless of religion. There is no obligation to either offer or
finance religious instruction or indoctrination. While the province must ensure
that religious freedom and religious differences are accommodated within the
public school system, it has no obligation to fund individuals who, for
religious reasons, exercise their freedom to opt out of the public school
system.
4.4.2 The State party argues that failure to act in order to facilitate the
practice of religion cannot be considered state interference with freedom of
religion. It points out that there are many spheres of government action which
hold religious significance for religious believers and the State party rejects
the suggestion that it must pay for religious dimensions in spheres in which it
takes a role, such as religious marriages and religious community institutions
such as churches and hospitals.
4.4.3 In the alternative, if the Committee were to interpret article 18 as
requiring States to fund religious schools, the State party argues that its
limitation meets the requirements of paragraph 3 of article 18 as it is
prescribed by law and is necessary to protect public order and the fundamental
rights and freedoms of others. The objectives of the State party’s education
system are the provision of a tuition-free, secular public education,
universally accessible to all residents without discrimination and the
establishment of a public education system which fosters and promotes the values
of a pluralist, democratic society, including social cohesion, religious
tolerance and understanding. The State party argues that if it were required to
fund private religious schools, this would have a detrimental impact on the
public schools and hence the fostering of a tolerant, multicultural, nondiscriminatory society in the province.
4.4.4 Public schools, in the State party’s opinion, are a rational means of
fostering social cohesion and respect for religious and other differences.
Schools are better able to teach common understanding and shared values if they
are less homogeneous. The State party submits that one of the strengths of a
public system of education is that it provides a venue where people of all
colours, races, national and ethnic origins, and religions interact and try to
come to terms with one another’s differences. In this way, the public schools
build social cohesion, tolerance and understanding. Extending public school
funding rights to private religious schools will undermine this ability and may
result in a significant increase in the number and kind of private schools. This
would have an adverse effect on the viability of the public school system which
would become the system serving students not found admissible by any other
system. Such potential fragmentation of the school system is an expensive and
debilitating structure for society. Moreover, extending public school funding
rights to private religious schools could compound the problems of religious
coercion and ostracism sometimes faced by minority religious groups in
homogeneous rural areas of the province. The majority religious group could
reintroduce and even make compulsory the practice of school prayer and religious
indoctrination and minority religious groups would have to conform or attend
their own, virtually segregated schools. To the extent that full funding of
private schools enables such schools to supplant public schools, the government
objective of universal access to education will be impaired. Full public funding
of private religious schools is likely to lead to increased public school
closings and to the reduction of the range of programs and services a public
system can afford to offer.