Who Gets to Teach In An Ontario Catholic High School - Part Deux

Will Barb Read the Code?

Last week, the news about Jesse Lloyd wanting to be a Catholic school teacher without being a Catholic was in the Guelph Mercury, and was quickly picked up by bloggers and other outlets.

LifeSite News did a piece on it, and Phil Horgan of the Catholic Civil Rights League said:

"Based on the initial reports, this issue flies in the face of the constitutional guarantees afforded Catholics dating back to Confederation and I am not aware of any court or tribunal which has challenged those provisions in respect of Catholic preferential hiring rights."

Horgan pointed to the 1984 Caldwell v. Stuart case as precedent upholding the hiring rights of Catholic schools. In that case, the Supreme Court of Canada dismissed the appeal of a teacher who was not rehired at a Catholic school after having contravened Church teaching by 'marrying'a divorced man in a civil ceremony.

True, but Caldwell was decided on BC law, so does not specifically apply in Ontario. But what is even better is Section 19 of the Ontario Human Rights Code, which says:

Human Rights Code, R.S.O. 1990, c. H.19

Separate school rights preserved

19. (1) This Act shall not be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act. R.S.O. 1990, c. H.19, s. 19 (1).

Why does this complaint even exist?