Of all the Pandora's boxes governments are loath to open, the funding of
religious education is right near the top of the list. However dated the
status quo may be, messing with it is a guaranteed recipe for enraging
voters.
But then, Ontario's Premier - normally as pragmatic as they get - has
this week earned himself the wrath of Muslims and Orthodox Jews alike by
taking a surprisingly bold stance against Sharia law, and in turn all
forms of state-sanctioned religious arbitration. So perhaps we can
indulge ourselves, and fantasize that Dalton McGuinty will one day
tackle the bizarrely inequitable structure of Ontario's public education
system.
"No responsible person disputes that explicit legally entrenched
religious discrimination in open violation of basic international human
rights law is unacceptable in today's multicultural Ontario," Toronto
lawyer Noam Goodman wrote in these pages on Wednesday. Mr. Goodman's
complaint, shared by protesters who picketed Mr. McGuinty's appearance
at a B'nai Brith human rights dinner later that day, is that Canada's
largest province continues to fund Catholic schools to the exclusion of
other religions. The constitution's "worthy" protection of cultural
diversity through education funding to "significant religious minority
groups," he wrote, "has not been updated to reflect Ontario's current
multicultural demographic."
If his prescription is the wrong one (see below), Mr. Goodman's diagnosis
is on-target. That Ontario currently has two separate public school
systems, one for Catholics and one for the rest, is an anachronism
dating back to Confederation - a time when Catholics faced rampant
discrimination, and public schools were Protestant, rather than
non-denominational.
That Catholic school funding was only extended to the final years of high
school by outgoing premier Bill Davis in the mid-1980s - either as a
sop to Catholic voters, a well-intentioned grand gesture before his
retirement, the product of his friendship with Emmett Cardinal Carter or
some combination thereof - is beside the point. Considering that
Catholic schools were already funded through Grade 10, Mr. Davis was
mostly fixing a messy process in which kids risked being dumped out of
one system and into another for their last few years of school - and,
of course, trying to live up to Ontario's constitutional commitment to a
Catholic system, which is what it all comes back to.
There are very, very few cases in which opening up the constitution is
smart. But the Catholic school requirement has already proven an
exception to the rule, with both Quebec and Newfoundland making the
decision themselves to do away with the dual systems - as the
Constitution allows in cases where provisions solely affect one province
- and no apocalyptic scenarios unfolding. Provided that the federal
government chose not to go out of its way to block it, Ontario could
shift to a single public system as well.
Understandably, none of Ontario's parties are keen to go anywhere near a
reform that would produce an extremely vocal outcry. But if merely doing
the right thing isn't incentive enough, they'd do well to consider that
there is only one other fair option - the one that's favoured by Mr.
Goodman and many others.
If one major religious group is allowed to have its own publicly funded
schools, those interests rightly contend, it's only reasonable that
others should have the same privilege. It's an argument that Mike
Harris's Conservatives partially bought into, establishing a tax credit
for parents paying for their kids' religious education. If the Tories
hadn't made the strategic mistake of simultaneously trying to advance
their own ideological interests by applying that rebate to non-religious
private schools as well, allowing their successors to do away with the
legislation with ample public support, that policy would still be on the
books. But a more narrowly applied tax credit for denominational schools
would probably find favour so long as the Catholic system exists. And
many religious education advocates, Mr. Goodman included, would like to
go much further by creating full public school boards for other
religions.
Suffice it to say that not all fair solutions are created equal. While
establishing a broad array of religious public school boards would
eliminate the current discriminatory scheme, it would also carry
enormous social consequences. Rather than growing up in the pluralistic
society that exists around them, kids would be exposed to a narrow range
of cultural backgrounds and perspectives.
It's not just secular liberals who should fret this scenario. For those
who fear that the downside of multiculturalism is a failure of minority
groups to integrate into mainstream society, the notion of segregating
kids by religion should be terrifying.
It's not an imminent development. But sooner or later, publicly funded
religious education will have to be viewed as an all or nothing
proposition. As it did on religious arbitration, Ontario's government
would do better to choose the latter.