Montreal Committee Loses Appeal in Quebec Jewish School Question

Privy Council Upholds Decision of Supreme Court; Separate Jewish Schools May, However, Be Established (Jewish Telegraphic Agency)

The appeal of the Jewish education committee of Montreal against the decision of the Supreme Court of Canada concerning the Jewish school question in the Province of Quebec was lost, according to a decision of the judicial committee of the Privy Council.

The committee rendered judgment affirming, with variations, the ruling of the Supreme Court. The Jewish appellants must pay the costs of the Board of Protestant School Commissioners in the appeal.

The judicial committee, in rendering judgment, dealt with the question of law, not of policy, the decision stated. The committee expressed its opinion in agreement with the decision of the Supreme Court of Canada that legislation confined to the permission for establishing schools for non-Christians, without infringing on the rights of the two Christian communities, Catholics and Protestants, in their denominational schools, would be valid.

The committee also ruled that the assertion that the word “Protestant” as employed in the North American Act means “non-Catholic” and therefore includes Jews, is untenable. The Protestant community, although divided into various denominations is in itself a denomination.

The appeal concerned the question of whether or not the Board of Protestant School Commissioners is obliged to admit Jews as members of the Board and to appoint Jewish teachers in the schools where Jewish children are attending. The ruling of the Supreme Court, now upheld by the Privy Council, was against the contention of the Jewish committee.