Theodore Case


St. Theodore Roman Catholic School

Since 2005, the “Theodore Court Case” has been winding its way through Saskatchewan’s judicial system. The case concerns a Catholic elementary school in Theodore, 40 kilometres northwest of Yorkton, St. Theodore Roman Catholic School. Prior to 2003, it was a public school known as Theodore School and was scheduled to be closed.

Historically, about 30 – 40 per cent of the school’s students were Catholic. Since Catholic schools are protected under the Canadian Constitution, the Catholic community petitioned the government to form the Theodore Roman Catholic School Division. A new Catholic school division was formed that purchased the school building and re-opened it as St. Theodore Roman Catholic School.

Public school advocates filed a legal complaint in Queen’s Bench Court and asked the court to, among other things, consider whether it was a violation of the Charter of Rights and Freedoms for the government to fund non-Catholic students in the newly re-opened St. Theodore School.

Initially, they also argued that the creation of the new Catholic school division after the closure of Theodore Public School did not meet the criteria of being a separate school because it was serving more non-Catholics than Catholic students. It was alleged that the Catholic school division was created merely as a means of preventing the public school from closing.

Since then, they have broadened the case to challenge the content of the constitutional rights of the Catholic minority in Saskatchewan.

Courts’ Decisions

In April 2017, Mr. Justice Donald Layh rendered his decision which held that that The Constitution Act, 1867 does not provide a constitutional right to separate schools in Saskatchewan to receive provincial government funding respecting non-Catholic students.

Further, he concluded that the province is violating the Charter of Rights and Freedoms if it continues to fund non-Catholic students in Catholic schools.

On March 25, 2020, the Saskatchewan Court of Appeal unanimously ruled in favour of the appeal to overturn the 2017 decision.

Good Spirit (Public) School Division is seeking to have the case heard by the Supreme Court of Canada.

On February 25, 2021, the Supreme Court of Canada dismissed the application for leave to appeal the Theodore Case to the Supreme Court of Canada. This decision can be considered a victory for both religious and parental rights and freedoms. Learn more.

A former St. Theodore School student shares her thoughts after the February 25 Supreme Court of Canada decision to dismiss the application for leave to appeal the case. 

Impact on families

If the April 2017 court decision is upheld or left unchecked by the Government of Saskatchewan, it would:

  • Deny the right of Catholic schools to admit non-Catholic students.
  • Threaten the ability of parents to choose where their children learn.
  • Limit the education options of non-Catholic parents for their children.
  • Force non-Catholic parents to fund the costs of their children’s education if they choose to enrol in a Catholic school.
  • Displace several thousand students and their families across Saskatchewan.
  • Force Catholic school boards to discriminate based on religion.

Saskatchewan’s Catholic school divisions are appealing to have the decision overturned.

The Government of Saskatchewan has indicated that it will continue to fund non-Catholic students in Catholic schools no matter the court’s current or future decisions on the matter.

Today, Catholic education is open to non-Catholic parents, families and children who want to learn in the welcoming and caring schools we provide.

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Who we are

Open Catholic Education is an initiative sponsored by the Saskatchewan Catholic School Boards Association and endorsed by Saskatchewan's eight Catholic school divisions that provide welcoming and nurturing learning Professional Writer Service environments for more than 40,000 children across the province.


Tom Fortosky  |  306-230-7067