Kandaharian v. York Catholic District School Board

On October 6, 2022, the Ontario Divisional Court (the “Court”) released a landmark decision granting the application of Daria Kandaharian, at the time a grade 12 high school student, challenging the validity of a policy of the York Catholic District School Board (the “Board”) requiring candidates of a student-held position within the Board to be baptized Roman Catholics.

While a grade 10 student St. Maximilian Kolbe Catholic High School, which is administered by the Board, Daria sought to be a candidate for one of two board-wide positions known as “student trustee”. Despite being selected by her school administration as the candidate from her school, the Board rescinded her application on the basis that Daria was an Orthodox Christian and not Roman Catholic, as required by the Board’s policy.

Following a hearing, the Court sided with Daria and quashed the Catholicism requirement in the policy. It held that the policy was discriminatory under section 15(1) of the Charter and unconstitutional. While the Catholic School Board relied on their special status and powers under section 93 of the Constitution Act, 1867, the Court held that those powers did not extend to the student trustee position. This position was created by the Legislature in 1997, so it was not a right or privilege held by the Board at the time of Confederation. And in any event, the Court concluded that permitting non-Catholic students to serve as a student trustee would not prejudicially affect the governance of Catholic schools.

The Court also ruled in Daria’s favour on the vires of the policy. The Court held that the School Board had no legal authority under the Education Act to impose a religious-based qualification for student trustees. That qualification – which excluded 5,000 students from running for the position – was inconsistent with Education Act’s regulations and the scheme’s intention.

The full decision can be found on CanLII’s website.