Is Section 53 of The Education Act, 1995 subject to challenge?
Saskatchewan, Canada
The following excerpt is from Buhs v. Leroy (Rural Municipality No. 339), 2002 SKCA 41 (CanLII):
Section 53 of The Education Act, 1995 reflects the constitutional guarantees flowing from the establishment of separate school divisions and the funding for them. The appellant relies on earlier cases, The City of Regina v. McCarthy,[5] in support of its position an individual’s choice of designation of school support for the allocation of property taxes is subject to challenge if that designation does not accord with his or her membership in the “minority religious faith”.
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