R. v. Jones (T.L.), (1987) 84 A.R. 141 (ProvCt)

• Judge: Dinkel, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: August 28, 1987
• Citations: (1987), 84 A.R. 141 (ProvCt)

R. v. Jones (T.L.) (1987), 84 A.R. 141 (ProvCt)

MLB headnote and full text

R. v. Thomas Larry Jones

Indexed As: R. v. Jones (T.L.)

Alberta Provincial Court

Dinkel, P.C.J.

August 28, 1987.

Summary:

A Baptist pastor took his daughter out of the public school system, contrary to the compulsory attendance provisions of s. 142(1) of the School Act. He was charged under s. 180(1) of the Act. The pastor submitted that (1) the Crown failed to comply with s. 180(2) of the Act; (2) s. 143(1)(c) of the Act excused his daughter from attendance; (3) the School Act provisions respecting attendance violated his right to freedom of religion under the Alberta Bill of Rights; and (4) the provisions violated the pastor's equality rights under s. 15 of the Canadian Charter of Rights and Freedoms.

The Alberta Provincial Court found the pastor guilty.

(For a related case where the pastor unsuccessfully challenged the validity of the School Act under ss. 2(a) and 7 of the Charter see (1986), 69 N.R. 241; 73 A.R. 133 (S.C.C.))

Civil Rights - Topic 385

Freedom of religion - Infringement of - Compulsory education - A parent challenged the compulsory attendance provisions of the Alberta School Act as being contrary to the freedom of religion guaranteed in the Alberta Bill of Rights - The Alberta Provincial Court held that the Act did not violate freedom of religion - The Act accommodated, rather than denied, religious freedoms by allowing for education outside the public school system once secular prerequisites were met to ensure all students received an adequate education - See paragraphs 21 to 30.

Civil Rights - Topic 5502

Equality and protection of the law - Whether equality rights denied - A parent challenged the compulsory attendance provisions of the Alberta School Act as denying equality rights guaranteed in s. 15 of the Charter of Rights and Freedoms - The parent claimed the Alberta legislation was more restrictive than similar legislation in other provinces - The Alberta Provincial Court held that the Act did not deny equality rights - The fact that statutes in other provinces may be structurally and administratively different did not constitute discrimination - The court stated that the School Act was not unfair or arbitrary and treated all Alberta students equally - See paragraphs 31 to 37.

Civil Rights - Topic 5641

Equality and protection of the law - Dissimilar provincial laws - [See Civil Rights - Topic 5502 above].

Education - Topic 5107

Students - Attendance - Compulsory - General - The Alberta Provincial Court held that the compulsory attendance provisions of the Alberta School Act did not deny equality rights under s. 15 of the Charter of Rights and Freedoms or the right to freedom of religion under the Alberta Bill of Rights.

Education - Topic 5109

Students - Attendance - Compulsory - Exceptions - "Holy days" - Section 142(1) of the Alberta School Act required children to attend public schools - Section 143(1)(c) excused compulsory attendance on "holy days" - A Baptist pastor, who established his own "school" to teach his daughter and others, claimed s. 143(1)(c) excused compulsory attendance every day of the week, because every day was a "holy day" - The Alberta Provincial Court held that the pastor's definition did not accord with the obvious, popular and ordinary meaning of the words - The court held that "holy days", whatever the religion, were limited to special days set aside for religious observance, like Sundays, Christmas, Easter, etc. - See paragraphs 14 to 20.

Cases Noticed:

R. v. Jones (1986), 69 N.R. 241; 73 A.R. 133 (S.C.C.), appld. [para. 22].

R. v. Wiebe, [1978] 3 W.W.R. 36 (Alta. Prov. Ct.), refd to. [para. 22].

R. v. Jones (1984), 49 A.R. 135; 29 Alta. L.R.(2d) 349 (Prov. Ct.), refd to. [para. 22].

Statutes Noticed:

Alberta Bill of Rights, R.S.A. 1980, c. A-15, sect. 1(c), sect. 2 [para. 8].

Canadian Charter of Rights and Freedoms, 1982, sect. 15(1) [para. 8].

Interpretation Act, R.S.A. 1980, c. I-7, sect. 20(1)(e), sect. 24(3) [para. 8].

School Act, R.S.A. 1980, c. S-3, sect. 72(1), sect. 72(2), sect. 143(1)(a), sect. 143(1)(c), sect. 143(1)(e), sect. 180(1), sect. 180(2) [para. 8].

Counsel:

[None disclosed.]

This case was heard before Dinkel, P.C.J., of the Alberta Provincial Court, Judicial District of Calgary, who delivered the following judgment on August 28, 1987.