Zylberberg v. Sudbury Board of Education (1988)
In the Canadian Charter of Rights and Freedoms, religious expression is a guaranteed right that people have. However, you will soon see that this comes into conflict with school requirements.
In 1988, opening exercises in almost all schools in Ontario followed a regulation set by the Ministry of Education. Their day opened with the singing of "O Canada" and the reciting of the "Lord's Prayer". The prayer was either said over the school's intercom system or led by the teacher. Some schools included a passage from the Bible.
The regulation states that "a public school shall be opened or closed with religious exercises consisting of the reading of the Scriptures or other suitable readings and the repeating of the Lord's Prayer or other suitable prayers".
If parents wished, their children could be excused from the classroom, that is physically leave the classroom. The students were not required to participate or bow their heads.
Even though Ontario law excuses children from attendance during religious exercises, some parents argued that not attending these religious exercises singles out their children and pressures children to participate. This reason was sufficient for parents not to request an exemption from religious exercises.
Several parents decided that a change was needed. They argued that the Ministry of Education regulation infringed on the freedom of conscience and religion protected by the Canadian Charter of Rights and Freedoms.
Many questions are brought forward by this case:
Should a student be subjected to a religious belief that is not their own?
Is sending a student out of the class an efficient way to deal with the problem?
How will students "confront the fact of their difference from the majority" if this doesn't happen in class? Is this not a normal part of growing up?
These and other questions are raised by this case. How do you respond?
