Relevant Legislation and Case Law | Local Democracy and Reasonable Local Autonomy for Public Schools | 1998 Alberta Court of Appeal Decision | 1995 Alberta Court of Queen's Bench Decision | The Schmidt Case | The Bakker Case | The Jacobi Case | The PSBAA et al. vs The Attorney General of Alberta

1998 Alberta Court of Appeal Decision

The Judgement in the PSBAA Court Case

Date: 19980331

Docket Nos: 9603-0013-AC & 9603-0441-AC

  • Madam Justice Russell's Reasons
  • Issue1:Should the Government be allowed to introduce fresh evidence in this appeal?
  • Issue 2: Did the trial judge err in deciding that school boards do not have a constitutionally guaranteed right to reasonable autonomy either as a matter of law or convention?
  • Issue 3: Did the trial judge err in finding that the impugned provisions do not discriminate against public schools?
  • Issue 4: Did the trial judge err in finding that the impugned provisions violate mirror equality rights?
  • Justice Berger -Introduction
  • Section 17(1) Protections
  • Taxation Rights
  • Opting Out
  • Claw-Back Provision
  • Discrimination
  • Conclusion-Berger

IN THE COURT OF APPEAL OF ALBERTA

THE COURT:

THE HONOURABLE MADAM JUSTICE RUSSELL
THE HONOURABLE MADAM JUSTICE PICARD
THE HONOURABLE MR. JUSTICE BERGER

IN THE MATTER OF THE SCHOOL AMENDMENT ACT, 1994 BEING BILL 19;
AND IN THE MATTER OF THE SCHOOL ACT, S.A. 1988, c. S-3. 1, AS AMENDED;

BETWEEN:

THE PUBLIC SCHOOL BOARDS' ASSOCIATION OF ALBERTA,
THE BOARD OF TRUSTEES OF THE EDMONTON SCHOOL DISTRICT NO. 7
AND CATHRYN STARING PARRISH

Appellants (Respondents On Cross-Appeal) (Plaintiffs)

- and -

THE ATTORNEY GENERAL OF ALBERTA, THE GOVERNMENT OF ALBERTA and THE MINISTER OF EDUCATION

Respondents (Cross-Appellants) (Defendants)

AND BETWEEN:

PUBLIC SCHOOL BOARDS' ASSOCIATION OF ALBERTA,

Appellants (Respondents On Cross-Appeal) (Plaintiffs)

- and -

ALBERTA SCHOOL BOARDS' ASSOCIATION OF ALBERTA,
THE BOARD OF TRUSTEES OF CALGARY BOARD OF EDUCATION NO. 19
MARGARET WARD LOUNDS.

Cross-Appellants (Plaintiffs)

- and -

ALBERTA CATHOLIC SCHOOL TRUSTEES' ASSOCIATION, THE BOARD OF TRUSTEES
OF LETHBRIDGE ROMAN CATHOLIC SEPARATE SCHOOL DISTRICT NO. 9
and DWAYNE BERLANDO,

Respondents (Plaintiffs)

- and HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA,

and THE MINISTER OF EDUCATION

Cross-Appellants (Respondents) (Defendants)

APPEAL FROM THE HONOURABLE MR. JUSTICE V.W. SMITH

REASONS FOR JUDGMENT OF THE HONOURABLE MADAM JUSTICE RUSSELL
CONCURRED IN BY THE HONOURABLE MADAM JUSTICE PICARD
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE BERGER
CONCURRING IN THE RESULT

COUNSEL:

R.D. Gibson, Esq.
Ms. R. Khullar
for the Appellants (Respondents On Cross-Appeal)(Plaintiffs)

J.E. Redmond, Q.C.
K.P. Feehan, Esq.
for the Respondents (Plaintiffs)

C.S. Struthers, Esq.
for the Cross-Appellants (Plaintiffs)

R.C. Maybank, Esq.
Ms. M.A. Unsworth
for the Cross-Appellants (Respondents) (Defendants)