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SECTION
I: INSTRUCTIONAL PROGRAM |
File II-E
GUIDELINES
Religious Exercises in Public Schools
On August 13, 1992, the Court of Queen’s Bench of
Manitoba ruled that mandatory religious exercises were an infringement of
sections 2 and 15 of the Canadian Charter of Rights and Freedoms and
ordered an end to the practice. Most of the relevant provisions of the Public
Schools Act, contained within section 84, were struck down. The surviving
provisions are as follows:
"84(1) Public schools shall be non-sectarian.
84(8) If a petition asking for religious exercises,
signed by the parents or guardians of 75% of the pupils in the case of a school
having fewer than 80 pupils or by the parents or guardians of at least 60 pupils
in the case of a school having an enrolment of 80 or more pupils, is presented
to the school board, religious exercises shall be conducted for the children of
those parents or guardians in that school year."
In response to concerns raised by the field regarding
the appropriate administrative arrangements necessary to effect the court
judgment, discussions aimed at framing a set of guidelines on religious
exercises were held between Manitoba Education and Training, The Manitoba
Association of School Trustees, The Manitoba Association of School
Superintendents, The Manitoba Teachers’ Society, and the Home and
School/Parent Teacher Federation. General consensus on a number of points was
found and these points are outlined in this document as a guide to school
administrators. It is the expectation of the Department that school
divisions/districts will follow the guidelines closely. Subsection 84(8) can be
workable if reasonableness and sensitivity are exercised when devising the
arrangements for putting religious exercises in place in schools.
In interpreting subsection 84(8), the following points
should be kept in mind:
Guidelines:
- Religious exercises are to be conducted in a particular school only after
the requirements of subsection 84(8) of the Public Schools Act have
been met, a petition has been directed to the local school board, and the
school board instructs that school to make the necessary arrangements.
- School boards may, for the purpose of communicating information, advise
parents/guardians prior to the start of the school year of the provisions of
subsection 84(8) of the Public Schools Act. Information contained in
this document may be shared with parents/guardians to facilitate their
understanding of the law, and to explain the process necessary to
implementation of religious exercises. School boards should not, however,
take any action which would be seen to initiate or prompt implementation of
religious exercises. The process must be grass-roots driven, with
parents/guardians taking the initiative to have religious exercises
implemented. Schools should play no role in the petition process, and act on
a petition only when so advised by the school board.
- Once religious exercises are instituted by petition in a school, only
those children whose parents/guardians have signed the petition may
participate. It is reasonable for schools to advise parents, through school
newsletters or other means, that religious exercises are in place in the
school and that those parents wishing to have their children participate can
do so by notifying the school administrator. (This might mean having the
parents come to the school to sign the petition, or indicate consent by
sending a signed letter to the school administrator as an attachment to the
petition). There should not be an assumption that those parents/guardians
who did not sign the petition want their children to participate in
religious exercises and can remove their children if they do not want them
to participate. It must be an opt-in process.
- A petition must be received by the school board each school year, and be
on a school-by-school basis.
- The content of any religious exercise must be defined by those petitioning
for it. It is important that those persons being approached to sign the
petition know exactly what they are being asked to sign, and that the school
board clearly understands what is being requested.
Assuming the numerical requirements of s.84(8) are
met, it is conceivable that parents of a variety of faith groups could
petition for their own religious exercises. In other words, provided the
requirements of s.84(8) are met, parents could petition for Buddhist religious
exercises, Jewish religious exercises, the traditional Christian religious
exercises, or other. Parents/guardians signatory to a petition would be
entitled to have their children access such religious exercises, and the
school board and school will be required to make the necessary arrangements to
implement the exercises. However, the parents/guardians making the petition
will be responsible for providing whatever prayer books, literature, etc., are
essential to the conducting of the religious exercises.
- Teachers and other staff are not compelled to conduct or supervise
religious exercises. Participation by staff must be voluntary. If teachers
and other staff are unwilling to conduct or supervise such exercises,
alternate arrangements must be made. This may involve requesting members of
the parents’ group petitioning for the exercises to conduct the activity
themselves. The principal will be responsible for determining the
appropriate supervisory arrangements.
School boards shall not, as part of the hiring or
promotion process, inquire of applicants/candidates as to their willingness to
participate in, conduct, or supervise religious exercises.
Where petitioned, religious exercises are to be held each teaching day, and
shall be no longer than ten minutes in duration. The exercises are not to be
held during regular instructional time. Instructional time is to be preserved
and religious exercises held either prior to the start of the school day or
during noon recess.
By holding religious exercises before the beginning of regular classes in
the morning, or during the noon hour, the separation of participating and
non-participating students can be minimized. It is recommended that those
participating in religious exercises congregate in a common area (gymnasium,
multi-purpose, empty classroom, etc.) proceed with the exercises, and then
rejoin their classmates prior to the class which they are scheduled to attend.
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