Section 93A of the Constitution Act, 1867

[7]Section 93A is found in Part VI of the Constitution Act, 1867, dealing with the distribution of legislative powers.

[6] When the Constitution Act, 1867 was enacted, one of the major issues was the question of denominational and separate religious schools in the provinces of Ontario and Quebec.

[2]: 339–401  Section 93 provided constitutional protection for the pre-Confederation school laws in those two provinces, which had been the result of much political conflict in the 1850s and 1860s.

[8] The francophone population of Quebec at that time were strong supporters of the Catholic church, and the model for education was that it would be provided along religious lines.

Section 23 of the Canadian Charter of Rights and Freedoms provides for publicly funded minority language schools.