Plaintiffs Disappointed Over Court Decision
MONTREAL, Feb. 17, 2012 /CNW Telbec/ - The Supreme Court of Canada
rendered its ruling today in the case of "S.L. v. Commission scolaire des Chênes (no. 33678)", in which it rejected the request of the parents of two
children attending public school in Drummondville to obtain an
exemption from the Ethics and Religious Culture program (ERC).
"This decision supports the rulings rendered by the Superior Court and
Court of Appeal of Québec," said Mark Phillips, Regional Leader of the
Public Law Group at BLG's Montréal office and counsel for the parents
before the Supreme Court of Canada. "However, while the end result of
Superior Court's ruling has been confirmed, its grounds have yet to be
According to the Supreme Court's ruling, rendered today, the issue lies
in insufficient proof of the fact that the application's rejection
impeded the parents' ability to raise their children in their faith.
Ultimately, they lost the case because the burden of proof was on them.
The mother of the children involved said she was "very disappointed with
the ruling, as it is a loss for many parents across Québec who wish to
raise their children according to their faith. Who can weigh prejudice
toward a child when it comes to faith? How can we provide objective
proof and who can dismiss a parent's voice as an expert?"
"In this case, one must avoid the conclusion that today's ruling
validates the program's constitutionality," said Mark. "These are
disappointing results for the parents involved."
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SOURCE Borden Ladner Gervais LLP
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