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In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal.
Canadian public schools have long been entrusted with the mandate of socializing children. Yet this duty can rest uneasily alongside religious diversity questions. Grounding its analysis in three seminal Supreme Court cases involving religion in schools, Religious Diversity in Canadian Public Schools reveals legal processes that are unduly linear, compressing multidimensional conversations into an oppositional format and stripping away the voices of children themselves. Dia Dabby contends that schools are in fact microsystems worthy of their own consideration, and with the power to construct their own rules and relationships. This compelling work connects many of the themes that have animated public discourse since multiculturalism was officially enacted in Canada. Situating its analysis in relation to concepts of nation, education, and diversity, Religious Diversity in Canadian Public Schools encourages a deeper conversation about how religion is mediated through public schools and invites a critical reassessment of the role of law in education.
When the Constitution Act of 1867 was enacted, section 93 guaranteed certain educational rights to Catholics and Protestants in Quebec, but not to any others. Over the course of the next century, the Jewish community in Montreal carved out an often tenuous arrangement for public schooling as “honorary Protestants,” based on complex negotiations with the Protestant and Catholic school boards, the provincial government, and individual municipalities. In the face of the constitution’s exclusionary language, all parties gave their compromise a legal form which was frankly unconstitutional, but unavoidable if Jewish children were to have access to public schools. Bargaining in the shadow of the law, they made their own constitution long before the formal constitutional amendment of 1997 finally put an end to the issue. In Honorary Protestants, David Fraser presents the first legal history of the Jewish school question in Montreal. Based on extensive archival research, it highlights the complex evolution of concepts of rights, citizenship, and identity, negotiated outside the strict legal boundaries of the constitution.