A magistrate’s court here ruled today that a Jewish taxpayer is eligible to sit on the Protestant School Board of the St. Martin suburb. The decision went directly against a ruling of the Privy Council more than 30 years ago and opened the way for Harvey Grotsky, a St. Martin advertising man, to become the first Jew in Quebec Province ever elected to a school board.
Judge Rene Lippe of Magistrates Court, in a decision which already had been acceded to by the St. Martin board–it had since admitted Mr. Grotsky’s right to run–ruled that St. Martin should annual the election of William C. Henderson to its school board last July 10 and call a new election April 2. Mr. Grotsky’s nomination last July had been rejected by the board’s secretary-treasurer on grounds that Mr. Grotsky was not a Protestant. Mr. Grotsky went to court.
It was the first contestation of the issue since a prolonged court battle in the 1920’s ended with the Privy Council ruling that Jewish rights to be elected to the Protestant school boards of Quebec could not be supported under Quebec law. Last February 13, the St. Martin board agreed, Mr. Grotsky’s nomination should have been accepted and he should have been allowed to run. Under Quebec’s Education Act, which divided school jurisdiction into Protestant and Roman Catholic boards, Jews are considered Protestants for property tax purposes.
The board said that it had decided that although the law does not clearly state Jews are eligible for the board, though considered Protestants for taxes, the best principle to follow was that of “no taxation without representation.” It informed Judge Lippe it consented to judgment pleading no case, and the judge deferred handing down decision until he had consulted the board about the date of a new election. Mr. Henderson won the election 31-11 over his official opponent, William Treloar. However, there were 100 ballots on which the voters had written in Mr. Grotsky’s name.
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