Religious Exercises and Instruction in Ontario Public Schools

CAROL A. STEPHENSON

ABSTRACT

In two recent decisions, Zylberberg and Elgin County, the Ontario Court of Appeal found traditional religious exercises and instruction in public schools to be unconstitutional. This paper explores the implications of these cases for the future of religion in public education. A brief history of freedom of religion and highlights of its development under the Charter are discussed. An analysis of Zylberberg and Elgin County suggests that in theory religious exercises and instruction in public schools are not necessarily unconstitutional; however, in practice, it will be extremely difficult, if not impossible, to design constitutional programs. Alternative forms of religious exercises and instruction drawn from U.S. cases are canvassed.

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Citation: (1991) 49(1) U.T. Fac. L. Rev. 82.
Copyright © 1991. University of Toronto Faculty of Law Review.
All rights reserved.