I. Background
On January 30, 1990, the Ontario Court of Appeal unanimously struck down
subsection 28(4) of Regulation 262 concerning religious education in the
public elementary schools. The court ruled that the subsection infringed
on the freedom of conscience and religion guaranteed by section 2(a) of
the Canadian Charter of Rights and Freedoms. Neither the subsection nor
the court decision applied to schools operated by the Roman Catholic
separate school boards.
Section 29 of Regulation 262, regarding provision of religious
instruction by clergy or designates in the public secondary schools, was
not before the court, and the court's ruling did not apply expressly to
that section. However, subsequent advice by legal counsel indicates that
the principles outlined in the decision make section 29 equally untenable.
In its decision, the court made it very clear that subsection 28(4) of
the regulation was invalid because it permitted the teaching of a single
religious tradition as if it were the exclusive means through which to
develop moral thinking and behaviour. The court also ruled that education
designed to teach about religion and to foster moral values without
indoctrination in a particular religious faith would not contravene the
charter.
In distinguishing between religious indoctrination and education about
religion, the court made the following statement:
While this is an easy test to state, the line between indoctrination
and education, in some instances, can be difficult to draw. With this in
mind, it may be of assistance to refer to the following more detailed
statement of the distinction:
- The school may sponsor the study of religion, but may not
sponsor the practice of religion.
- The school may expose students to all religious views, but
may not impose any particular view.
- The school's approach to religion is one of instruction,
not one of indoctrination.
- The function of the school is to educate about all
religions, not to convert to any one religion.
- The school's approach is academic, not devotional.
- The school should study what all people believe, but should
not teach a student what to believe.
- The school should strive for student awareness of all
religions, but should not press for student acceptance of any
one religion.
- The school should seek to inform the student about various
beliefs, but should not seek to conform him or her to any one
belief.
Subsequent to the court's ruling, an interim policy for public
elementary schools, dated February 28, 1990, was established, whereby
boards were permitted to provide programs in education about religion in
the time previously used during the school day, as long as these programs
were in accordance with the court's ruling. Boards of education were also
advised that they could continue to provide space outside the school day,
as they do for various community-related activities, if parents requested
that their children be taught religion by clergy or designates. This
interim policy for elementary schools was intended to remain in effect
only until policy considerations related to the public elementary and
secondary schools were finalized.
II. Permanent Policy
The Ministry of Education will amend sections 28 and 29 of Regulation
262 to reflect the following permanent policy, which will apply to public
elementary and secondary schools:
- Boards of education may provide programs in education about religion
in Grades 1 to 8 during the school day for up to 60 minutes per week.
- Boards of education may continue to provide optional credit courses
in World Religions in secondary schools, as specified in the curriculum
guideline entitled History and Contemporary Studies, Part C: Senior
Division, Grades 11 and 12, 1987. The program described in the
guideline meets the court's definition of permissible education about
religion.
- Schools and programs, including programs in education about religion,
under the jurisdiction of boards of education must meet both of the
following conditions:
a) They must not be indoctrinational.
b) They must not give primacy to any particular religious faith.
- Boards of education may continue to provide space before the
beginning or after the close of the instructional program of the school
day for indoctrinational religious education. Given the provisions for
equality of treatment in the Canadian Charter of Rights and Freedoms,
boards choosing this option must make space available on an equitable
basis to all religious groups.
This policy will come into effect on January 1, 1991.
III. Purpose
The purpose of programs in education about religion is to enable
students to acquire knowledge and awareness of a variety of the religious
traditions that have shaped and continue to shape our world. The programs
enable individuals to understand, appreciate, and respect various types of
religious beliefs, attitudes, and behaviour.
The purpose of these programs is not to instil the beliefs of
any particular religion. It is the prerogative of individual pupils and
their families to decide which religious beliefs they should hold.
Indoctrinational religious education has no place in the curriculum or
programs of public elementary and secondary schools of the province.
IV. Content
Since the world's religions are many and varied, a particular program in
education about religion cannot be expected to include every one of them.
As a minimum, programs in any grade should include a balanced
consideration of world religions that have continuing significance for the
world's people.
Both content and method should be appropriate to the ages and levels of
maturity of the pupils. In developing programs of education about
religion, consideration may be given to various organizational frameworks.
V. Resources
The Ministry of Education will develop a resource document to assist
boards of education in developing programs in education about religion for
elementary schools.
Programs for the secondary schools will continue to be developed in
accordance with History and Contemporary Studies, Part C: Senior
Division, Grades 11 and 12, 1987.
VI. Context
This permanent policy and the forthcoming amendments to Regulation 262
are to be understood within the context of the long-established vision of
the public elementary and secondary schools as places where people of
diverse backgrounds can learn and grow together. The public schools are
open and accessible to all on an equal basis and founded upon the positive
societal values which, in general, Canadians hold and regard as essential
to the well-being of our society. These values transcend cultures and
faiths, reinforce democratic rights and responsibilities, and are founded
on a fundamental belief in the worth of all persons.
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