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Section Twenty-nine of the Canadian Charter of Rights and Freedoms


Section 29 of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v. Alberta (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the Charter.

The section reads:

The Constitution of Canada contains a number of denominational school rights. They usually belong to Catholics and Protestants wherever they form the minority population of the relevant province. The current Chief Justice of Canada Beverley McLachlin once referred to this as an early form of freedom of religion in Canada.


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