[1] Section 93 of the Constitution Act, 1867 awards jurisdiction over education to the provincial governments, with a few exceptions.
Both Catholics and Protestants had these rights in Quebec, until abrogated by the Constitution Amendment, 1997 (Québec).
Quebec was and is predominantly Catholic (though the effects this has had on the province's politics have changed over the years; see Quiet Revolution).
[3] This line of thinking was confirmed by the Supreme Court in Gosselin (Tutor of) v. Quebec (Attorney General) (2005).
The majority of the Supreme Court, however, dismissed the argument, noting section 93's importance as an agreement made between the founders of the nation to make Confederation possible.