The PSBAA et al. vs The Attorney General of Alberta

The PSBAA argued for a constitutional assurance, in the form of a decision by the Supreme Court of Canada, that public school boards are part of the whole system of democracy in Canada; that certain essential characteristics of public school education are protected by the Constitution; and, that some of the 1994 and 1995 amendments to the School Act, (Alberta) must be overturned.

The particular 1994 (and 1995) amendments which we challenged involved two separate issues:

a) reasonable local autonomy; and,

b) fair treatment for public school boards compared to separate school boards in the operation of the Alberta School Foundation Fund (the A.S.F.F.).

The Government argued that the case was frivolous and vexatious, and applied to have the proceedings stopped before judgement. Madame Justice Veit denied the Government's application. (Click here to read her decision.)

Mr. Justice Smith, of the Court of Queen's Bench found in favour of the Association on the matter of allowing public school boards to opt out of the Alberta School Foundation Fund, on the same terms and conditions as are available to separate school boards. He rejected our claims for reasonable local autonomy. (Click here to read his decision.)

The Alberta Court of Appeal upheld Mr. Justice Smith's decision against our claims for reasonable local autonomy, and overturned his decision granting public school boards the right to opt out of the A.S.F.F. (Click here to read the decision of the Court of Appeal.)

The Supreme Court of Canada unamimously upheld the decision of the Alberta Court of Appeal. (Click here to read the decision of the Supreme Court of Canada.)

Last Revised: March 13, 2001