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separate school : ウィキペディア英語版
separate school

In Canada, a separate school is a type of school that has constitutional status in three provinces (Ontario, Alberta and Saskatchewan) and statutory status in three territories (Northwest Territories, Yukon and Nunavut). In these Canadian jurisdictions, a separate school is one operated by a civil authority — a separate school board — with a mandate enshrined in the Canadian Constitution (for the three provinces) or in federal statutes (for the three territories). In these six jurisdictions a civil electorate, composed of the members of the minority faith, elects separate school trustees according to the province's or territory's local authorities election legislation. These trustees are legally accountable to their electorate and to the provincial or territorial government. No church has a constitutional, legal, or proprietary interest in a 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 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 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, Hindus, Muslims, or Sikhs). In addition, the minority faith must establish that they wish to leave the public school system and create a separate school system.
== Historical background ==
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 large Roman Catholic community. This was significant, as Catholic-Protestant violence in England and Ireland had been nearly constant since the beginning of the English Reformation. Since the Glorious Revolution of 1688, however, Protestanism 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 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 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 was seen as less practical. Instead British officials promised to allow French Canadians to keep their religion and customs:
This guarantee was later threatened on several occasions by assimilationist legislation such as the Royal Proclamation of 1763, but this 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, somes people ended up on 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. Interestingly, by the time of Confederation in 1867, the majority of Catholics in Upper Canada were of Irish extraction as well as English speaking.
In the 1840s Methodist minister and Reformist politician Edgerton 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 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 .〔http://torontoist.com/2011/09/catholic-schools-separate-but-equal-funding/〕
In the Maritime provinces, similar issues were at play.
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 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-spreaking Catholic areas used the books of the Irish Christian Brothers. The few Acadian schools used French-language textbooks from Canada East (Lower Canada).

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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