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63-663: The Protestant Separate School Board of the Town of Penetanguishene (PSSBP) is a separate English-language school board headquartered in Penetanguishene , Ontario , Canada . The board consists of a single school, the Burkevale Protestant Separate School. The School Board is publicly-funded by the Province of Ontario's Ministry of Education. This Ontario school-related article

126-552: A Century by any other means than that of purchasing the favour of the numerous Indian inhabitants. Anishinaabe jurist John Borrows has written that "the Proclamation illustrates the British government's attempt to exercise sovereignty over First Nations while simultaneously trying to convince First Nations that they would remain separate from European settlers and have their jurisdiction preserved." Borrows further writes that

189-598: A comprehensive code with respect to denominational school rights which cannot be enlarged through the operation of s. 2(a) of the Charter . It does not represent a guarantee of fundamental freedoms . Section 93 of the Constitution Act, 1867 only applies to provinces, not territories. Instead, the right to separate schools is protected in the three territories by the federal Acts of Parliament which establish those three territories. The Northwest Territories Act ,

252-508: A line running along the crest of the Allegheny Mountains became (British) Indian Territory , barred to settlement from colonies east of the line. The proclamation line was not intended to be a permanent boundary between the colonists and Native American lands but rather a temporary boundary that could be extended further west in an orderly, lawful manner. It was also not designed as an uncrossable boundary; people could cross

315-416: A natural or unconditional right available to all. Only Protestants or Roman Catholics, whichever is the minority faith population compared to the other in a community, can consider the establishment of separate school education. The separate school establishment right is not available to citizens of any other faith (such as Orthodox Christians , Jews , Mormons , Muslims , Hindus or Sikhs ). In addition,

378-720: A war with Native Americans, which angered colonial land speculators. Others argue that the Royal Proclamation imposed a fiduciary duty of care on the Crown. George Washington was given 20,000 acres (81 km ) of land in the Ohio region for his services in the French and Indian War. In 1770, Washington took the lead in securing the rights of himself and his old soldiers in the French War, advancing money to pay expenses for

441-477: Is a stub . You can help Misplaced Pages by expanding it . Separate school The constitutionally provided mandate of a separate school jurisdiction and of a separate school is to provide education in a school setting that the separate school board considers reflective of Roman Catholic (or, rarely, Protestant ) theology, doctrine, and practices. This mandate can manifest itself in the Program of Studies and

504-452: Is a clear and well-known process for determining the wishes of the members of the minority faith. In Alberta, for example, the geographic basis for separate school establishment is the underlying public school district. At any time, three or more residents, either Protestant or Roman Catholic, who believe that they are members of the minority faith locally, can initiate the process. A census must be conducted to confirm that they are, in fact,

567-686: Is one Protestant separate school jurisdiction in Ontario, the Burkevale Protestant Separate School , operated by the Penetanguishene Protestant Separate School Board . In Ontario, this determination was largely made throughout the province by the time of Confederation. The public school system in the province was historically Protestant but was gradually transformed into a secular public system. Prayer in public schools

630-1054: The International Covenant on Civil and Political Rights . The Committee restated its concerns on November 2, 2005, when it published its Concluding Observations regarding Canada's fifth periodic report under the Covenant. The Committee observed that Canada had failed to "adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario." Opposition to publicly funded separate schools continues in all three provinces where it remains, but most notably in Ontario, where court cases (see Reva Landau ) and long-standing, organized opposition groups (OneSchoolSystem.org and Civil Rights in Public Education) continue to actively seek to end or limit public funding for Catholic schools. Royal Proclamation of 1763 [REDACTED] Canada portal The Royal Proclamation of 1763

693-749: The Mississippi River was ceded to Spain . In contrast, all French colonial territory east of the Mississippi River and south of Rupert's Land (save Saint Pierre and Miquelon , which France kept) was ceded to Great Britain . Both Spain and Britain received some French islands in the Caribbean, while France kept Haiti and Guadeloupe . The Proclamation of 1763 dealt with managing former French territories in North America that Britain acquired following its victory over France in

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756-761: The Ohio Country and the Treaty of Hard Labour adjusted the border with the Cherokee in the Carolinas. The Treaty of Hard Labour was followed by the Treaty of Lochaber in 1770, adjusting the border between Virginia and the Cherokee. These agreements opened much of what is now Kentucky and West Virginia to British settlement. The land granted by the Virginian and North Carolinian government heavily favored

819-570: The Yukon Act and the Nunavut Act all provide that the territorial legislatures can legislate with respect to education, provided they respect the right of religious minorities (whether Protestant or Roman Catholic) to establish separate schools. School boards funded by the province consist of 29 English Catholic and 8 French Catholic boards, as well as 35 non-denominational public school boards (31 English public, 4 French public). There

882-659: The curriculum , exercises and practices, and staffing. The limits of this mandate are determined by the application of the Canadian Charter of Rights and Freedoms , and judicial decisions. The different experience in Ontario as compared to Alberta and Saskatchewan is principally the result of the same constitutional provisions having effect on settlement at different stages in Canadian history. The Constitution of Canada does not establish separate school education as

945-522: The "wrong" side of this division, with a French Catholic minority in Upper Canada and an Anglo-Protestant minority in Lower Canada. Schools of the era were almost entirely parochial schools controlled by the various churches. Only when government mandated standardization and public funding for education were introduced did this then become a political issue. By the time of Confederation in 1867,

1008-708: The (largely French-speaking) Roman Catholic population in Canada and the Protestant majority. The issue was a subject of debate at the 1864 Quebec Conference and was finally resolved at the London Conference of 1866 with a proposal to preserve the separate school systems in Quebec and Ontario . The way in which this agreement was written into the British North America Act , 1867 was to

1071-538: The 250th anniversary of the Royal Proclamation was celebrated in Ottawa with a meeting of Indigenous leaders and Governor-General David Johnston. The Aboriginal movement Idle No More held birthday parties for the document at various locations across Canada. The influence of the Royal Proclamation of 1763 on the coming of the American Revolution has been variously interpreted. Many historians argue that

1134-628: The Acadians of 1755 saw some 12,000 Acadians killed and/or forcibly resettled to the Thirteen Colonies, Louisiana, France, England, etc. Some later returned, but their land and villages had been given away to Anglo-Protestant settlers. However, the trigger for expulsion was about the fear that Acadians would side with France during the " French and Indian War " (1754–1760/1763). When the much larger colony of Canada fell in 1763 ( Quebec City invaded in 1759, Montreal in 1760), deportation

1197-475: The French and Indian War and regulating colonial settlers' expansion. It established new governments for several areas: the province of Quebec , the new colonies of West Florida and East Florida , and a group of Caribbean islands, Grenada , Tobago , Saint Vincent , and Dominica , collectively referred to as the British Ceded Islands. At the outset, the Royal Proclamation of 1763 defined

1260-542: The Maritime provinces, similar issues were at play. In 1864, the government of Nova Scotia reformed its system of education, withdrawing support from all schools which were religious or which used any language other than English as a medium of instruction. In New Brunswick under the Parish Schools Act of 1858, there was only loose supervision from the central board of education, and in practice each school

1323-651: The Native peoples who were becoming increasingly resentful of "settler encroachments on their lands" and were capable of becoming a serious threat to British colonial settlement. Advice given by a Sir William Johnson , superintendent of Indian Affairs in North America, to the Board of Trade on 30 August 1764, expressed that: The Indians all know we cannot be a Match for them in the midst of an extensive woody Country ... from whence I infer that if we are determined to possess Our Posts, Trade & ca securely, it cannot be done for

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1386-594: The Ohio Country, who were dissatisfied with British postwar policies in the Great Lakes region after the end of the Seven Years' War. They were able to take over a large number of the forts which commanded the waterways involved in trade within the region and export to Great Britain. The proclamation line had been conceived before the onset of Pontiac's Rebellion, but the outbreak of this conflict hastened

1449-512: The Royal Proclamation along with the subsequent Treaty of Niagara , provide for an argument that "discredits the claims of the Crown to exercise sovereignty over First Nations" and affirms Aboriginal "powers of self-determination in, among other things, allocating lands". The functional content of the proclamation was reintroduced into American law by the decision of the U.S. Supreme Court in Johnson v. McIntosh (1823). In October 2013,

1512-521: The Town of St. Paul ( Glen Avon Protestant Separate School District ). One anomaly of the system is that the Town of Morinville has only a public Catholic high school (part of the Greater St. Albert Catholic Regional Division ), and no secular or Protestant high schools of any kind. In Alberta and Saskatchewan, there continues to be large areas of the province where separate school education has never been established. In these two provinces, there

1575-714: The beginning of the English Reformation . Since the Glorious Revolution of 1688, however, Protestantism had been the official religion of the British state as evidenced by the Act of Settlement 1701 which forbade Catholics to become monarch. This was the beginning of a long period of anti-Catholic laws and policies in the British Empire , most famously expressed through the Irish "Penal" Laws . In

1638-597: The boundary. Prominent American colonials joined with the land speculators in Britain to lobby the government to move the line further west. The colonists' demands were met and the boundary line was adjusted in a series of treaties with the Native Americans. The first two of these treaties were completed in 1768; the Treaty of Fort Stanwix adjusted the border with the Iroquois Confederacy in

1701-536: The case of the New World French there was also the fear that the new population was potentially more loyal to a foreign king, that of France, than to Britain. The first French colony to fall to the British was Acadia on the Atlantic coast in 1713 (invaded in 1710). Here the problem of dealing with a French Catholic community was solved through the simple but brutal method of expulsion. The Expulsion of

1764-478: The common cause and using his influence in the proper quarters. In August 1770, it was decided that Washington should personally make a trip to the western region, where he located and surveyed tracts for himself and military comrades. After some dispute, he was eventually granted a patent letter for tracts of land there. The lands involved were open to Virginians under terms of the Treaty of Lochaber of 1770, except for

1827-497: The constitutional negotiations surrounding Canadian Confederation in the 1860s. At the Confederation conferences, Roman Catholic Archbishop Connolly of Halifax argued for separate Catholic and Protestant school systems across the entire federation, administered by the central government. This was forcefully rejected by French Canadian delegates from Canada East, who demanded provincial control over education. The compromise

1890-442: The effect that the condition of education in each colony (or territory) at the time it entered Confederation would be continued thereafter. Consequently, the provinces of British Columbia , New Brunswick , Nova Scotia , and Prince Edward Island have never had an education system that included "separate schools". Up until 1997 the Quebec education system was also separated, with Protestant and Catholic school boards. The system

1953-582: The election and the issue was not raised again in the subsequent election. In Alberta and Saskatchewan, the extent of separate school education is more limited, and Protestant separate schools are slightly more present. For example, in Alberta, about 40% of the land area of the province is included in separate school jurisdictions and there are two Protestant Separate School Districts, in the City of St. Albert ( St. Albert Protestant Separate School District ) and in

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2016-548: The first legal recognition of aboriginal title , rights and freedoms. It is recognized in the Constitution Act, 1982 , partly due to direct action by Indigenous peoples of Canada, known as the Constitution Express movement of 1980–1982. The Seven Years' War and its North American theater , the French and Indian War , ended with the 1763 Treaty of Paris . Under the treaty, all French colonial territory west of

2079-810: The jurisdictional limits of the British territories of North America, limiting British colonial expansion on the continent. What remained of the Royal Province of New France east of the Great Lakes and the Ottawa River , and south of Rupert's Land , was reorganised under the name "Quebec." The territory northeast of the St. John River on the Labrador coast was reassigned to the Newfoundland Colony . The lands west of Quebec and west of

2142-485: The land companies, seeing as they had more wealthy backers than the poorer settlers who wanted to settle west in hopes of gaining a fortune. Many colonists disregarded the proclamation line and settled west, which created tension between them and the Native Americans. Pontiac's Rebellion (1763–1766) was a war involving Native American tribes, primarily from the Great Lakes region , the Illinois Country and

2205-552: The lands located two miles (3.2 km) south of Fort Pitt, now known as Pittsburgh. In the United States, the Royal Proclamation of 1763 ended with the American Revolutionary War because Great Britain ceded the land in question to the United States in the Treaty of Paris (1783) . Afterward, the U.S. government faced difficulties preventing frontier violence and eventually adopted policies similar to

2268-681: The latter province in the 1890s prompted a national crisis known as the Manitoba Schools Question , and led to Pope Leo XIII 's papal encyclical Affari Vos . Separate school rights have often been criticized as contrary to the spirit of official multiculturalism , primarily, but not exclusively, because only adherents of the Protestant or Roman Catholic faith have these constitutional rights and only in some provinces and territories. In addition, where separate school systems exist, employees or prospective employees who are of

2331-745: The line, but not settle past it. Its contour was defined by the headwaters that formed the watershed along the Appalachians. All land with rivers that flowed into the Atlantic was designated for the colonial entities. In contrast, all the land with rivers that flowed into the Mississippi was reserved for the Native American populations. The proclamation outlawed the private purchase of Native American land, which had often created problems. Instead, all future land purchases were to be made by Crown officials "at some public Meeting or Assembly of

2394-563: The majority of Catholics in Upper Canada were of Irish extraction as well as English speaking. In the 1840s Methodist minister and Reformist politician Egerton Ryerson championed "common schools" that would educate the children of all faiths under one system. He became Chief Superintendent of Education for Upper Canada in 1844. However, Ryerson was not able to convince the Catholic minority and grudgingly agreed to clauses in his education reforms that allowed for minority-faith schools within

2457-416: The majority of the minority vote in favour of establishment, the establishment becomes a fact. If the majority of the minority vote against establishment, it does not proceed. The process is civil, democratic, and binding on the minority of the minority. A decision at the meeting against establishment precludes a number of the minority faith who may have favoured establishment from continuing for themselves. (At

2520-512: The minority faith have more employment opportunities. (All other things being equal, a member of the minority faith can be employed by either the public board or by the separate board, while anyone else can be excluded from employment by the separate system.) On November 5, 1999, the United Nations Human Rights Committee condemned Canada and Ontario for having violated the equality provisions (Article 26) of

2583-406: The minority faith locally. When the census confirms minority status, a meeting must be widely advertised. The purpose of meeting is to provide a venue at which all of the local members of the minority faith can debate the pros and cons of leaving the public school jurisdiction and creating a separate school district. At the end of the meeting, a vote may be held on the question of establishment. If

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2646-475: The minority faith must establish that they wish to leave the public school system and create a separate school system. When France's colonies in North America were conquered by Britain during the 18th century, British authorities were faced with the dilemma of ruling over a large Roman Catholic community. This was significant, as Catholic-Protestant violence in England and Ireland had been nearly constant since

2709-666: The process of making it law. The Royal Proclamation continued to govern the cession of Indigenous land in British North America , especially Upper Canada and Rupert's Land . Upper Canada created a platform for treaty-making based on the Royal Proclamation. After loyalists moved into land after Britain's defeat in the American Revolution, the first impetus was created out of necessity. According to historian Colin Calloway, "scholars disagree on whether

2772-477: The proclamation ceased to be a significant source of tension after 1768 since the aforementioned later treaties opened up extensive lands for settlement. Others have argued that colonial resentment of the proclamation contributed to the growing divide between the colonies and the mother country. Some historians say that even though the boundary was pushed west in subsequent treaties, the British government refused to permit new colonial settlements for fear of instigating

2835-505: The proclamation recognized or undermined tribal sovereignty". Some see the Royal Proclamation of 1763 as a "fundamental document" for First Nations land claims and self-government . It is "the first legal recognition by the British Crown of Aboriginal rights " and imposes a fiduciary duty of care on the Crown. The intent and promises made to the natives in the proclamation have been argued to be temporary, only meant to appease

2898-416: The public school system except by leaving the minority faith. In Saskatchewan and Ontario, members of the minority faith may choose to be supporters of the public school system, notwithstanding their faith. Retention of separate school boards with public funding was a major issue of contention in the negotiations that led to Canadian confederation , chiefly as a result of ethnic and religious tension between

2961-534: The publicly funded system. The Catholic case was strengthened by the fact that the Protestant minority in Lower Canada had already won the right to a separate system. The institutionalization of separate schools in Canada West (Upper Canada before 1840) was secured by the Scott Act of 1863, but with the caveat that rural Catholic schools could only serve an area with a radius of 3 miles (4.8 km). In

3024-657: The relevant provision is s. 93(1), as amended by the Alberta Act and the Saskatchewan Act , respectively. As held by the Supreme Court of Canada in Adler v. Ontario , the provincial education power under section 93 of the Constitution Act, 1867 is plenary , and is not subject to Charter attack. As Iacobucci J. noted, it is the product of a historical compromise crucial to Confederation and forms

3087-428: The rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the French inhabitants, or others who had been subjects of the Most Christian King in Canada, may retire with all safety and freedom wherever they shall think proper... This guarantee was later threatened on several occasions by assimilationist legislation such as the Royal Proclamation of 1763 , but this

3150-415: The said Indians". British colonials were forbidden to settle on native lands, and colonial officials were forbidden to grant ground or lands without royal approval. Organized land companies asked for land grants, but were denied by King George III. British colonists and land speculators objected to the proclamation boundary since the British government had already assigned land grants to them. Including

3213-439: The same time, any decision against establishment has no term: proponents can begin almost immediately to organize a subsequent effort.) In Alberta, wherever a separate school system exists, individuals who are of the minority faith that established the separate school system must be residents, electors, and ratepayers of the separate school system (the Schmidt decision ). There is no way by which they could opt to be supporters of

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3276-433: The schooling for children of many members of so-called "mainstream" Protestant denominations. All of these schools received grants from the provincial government for their operation. Ownership of the schools ranged from parochial (owned and operated directly by a church) to ownership and operation by a separate not-for-profit society. The constitutional obligation on the province to maintain this system of confessional schools

3339-436: The wealthy owners of the Ohio company, who protested the line to the governor of Virginia, as they had plans to settle the land to grow the business. Many settlements already existed beyond the proclamation line, some of which had been temporarily evacuated during Pontiac's War , and there were many already granted land claims yet to be settled. For example, George Washington and his Virginia soldiers had been granted lands past

3402-403: Was added in each of the next two years. The right to have a publicly funded separate denominational school system continues to be guaranteed to Roman Catholics in Ontario by s. 93 of the Constitution Act, 1867 . The issue of extending public funding to other religious schools was raised by the Progressive Conservative Party of Ontario in the 2007 Ontario general election ; however they lost

3465-530: Was banned in the late 1980s by a decision of the Ontario Court of Appeal. Since the 19th century, funding for the Roman Catholic separate school system was provided up to Grade 10 under the British North America (BNA) Act . In 1984, the government of Premier William Davis extended full funding to include the last three (Grades 11–13 ( OAC )) years of Roman Catholic secondary schools after having rejected that proposal fifteen years earlier. The first funded academic year occurred in 1985–86, as grade 11, and one grade

3528-487: Was eliminated by the Constitution Amendment, 1998 (Newfoundland Act) , following a provincial referendum in 1997. The province then established a single non-denominational public school system. The question of separate schools has been most controversial in Ontario and Manitoba . In the former, the issue of separate schools aggravated tensions between anglophones and francophones , both Protestant and Catholic . The ending of public support for separate schools in

3591-564: Was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763) , which formally ended the Seven Years' War and transferred French territory in North America to Great Britain . The Proclamation at least temporarily forbade all new settlements west of a line drawn along the Appalachian Mountains , which was delineated as an Indian Reserve . Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands

3654-415: Was largely reversed by the Quebec Act of 1774. After the American Revolution , the new colony was flooded with Anglo-Protestant refugees. The colony was then divided by Constitutional Act of 1791 , with the Anglican Church becoming the established religion in Upper Canada (now Ontario) while Lower Canada remained legally secular but dominated by the Catholic church. Inevitably, some people ended up on

3717-576: Was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution . The 1763 proclamation line is more or less similar to the Eastern Continental Divide , extending from Georgia in the south to the divide's northern terminus near the middle of the north border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide , and extends further through New England . The Royal Proclamation continues to be of legal importance to First Nations in Canada, being

3780-507: Was replaced by a linguistically based secular school system, after the passage of a constitutional amendment The province of Newfoundland and Labrador had a separate school system until 1997. At the time that the Dominion of Newfoundland joined Canada on March 31, 1949, the Newfoundland schools were all organized on a confessional basis with separate denominational schools for Roman Catholics , Seventh-day Adventists , Salvationists , Pentecostals , and an integrated stream which oversaw

3843-505: Was run independently by its board of trustees, and most schools boards were dominated by partisans from one religion or another. Textbooks were not standardized; Protestant-majority regions used the textbooks of the Irish National Schools while the English-speaking Catholic areas used the books of the Irish Christian Brothers . The few Acadian schools used French-language textbooks from Canada East (Lower Canada). These pre-existing rights for tax-funded minority faith schools were then part of

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3906-419: Was section 93 of the Constitution Act, 1867 which allows the federal government to intervene only to protect minority schools which are established after Confederation. Apart from that caveat, section 93 provides that education is a matter of exclusive provincial jurisdiction. The relevant provision for Ontario is s. 93(1) of the Constitution Act, 1867 as originally enacted. For Alberta and Saskatchewan,

3969-414: Was seen as less practical. Instead British officials promised to allow French Canadians to keep their religion and customs: His Britannick Majesty, on his side, agrees to grant the liberty of the Catholick religion to the inhabitants of Canada: he will, in consequence, give the most precise and most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion according to

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