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Schmidt decision
''Schmidt v Calgary Board of Education'' (Alberta Supreme Court, Appellate Division, Sinclair, Clement and Moir, JJ.A. October 26, 1976) is the basis for the legal requirement in Alberta that, where a separate school jurisdiction exists (they exist in only some of Alberta), members of the minority faith that established the separate school jurisdiction must be considered and treated as residents, electors, and ratepayers of the separate school jurisdiction. This decision was handed down prior to the enactment of the Charter of Rights and Freedoms, and it has not been appealed to the Supreme Court of Canada so it is not ultimately determinative of the issue.
==Significance==
''Schmidt'' is a civil rights case, pre-Canadian Charter of Rights and Freedoms. The key question is whether there was an illegal expression of discrimination on the basis of religious beliefs, contrary to the Alberta Individual Rights Protection Act, 1972 (Individual's Rights Protection Act, 1972 (Alta.), c.2, s.3(b) - School Act, R.S.A. 1970, c. 329, ss. 53,142, 143).
It is also a constitutional law case, relating to the provisions that enshrine the rights of those who choose to establish and operate separate schools in Alberta. (British North America Act, 1867, s. 93 - Alberta Act, 1905 (Can.), c.3, s. 17 - Individual's Rights Protection Act, 1972 (Alta.), c. 2, ss.1(2), 3(b))
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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