Humanists are celebrating the passage of Bill 40 in Manitoba, which removes mandatory prayers from the province's Public Schools Act.
As reported in the BC Humanist Association's 2023 report, Religion in Public School Acts, Manitoba's Act declares the province's school system "non-sectarian," but it also permitted religious instruction (such as bible studies) and religious exercises (prayers) in schools. Notably, parents could petition schools to include religion. In 1992, the Manitoba Court of King's Bench struck down the sections requiring schools perform religious exercises as unconstitutional, but the language was never removed from the law itself.
With Bill 40 receiving Royal Assent on November 6, the Manitoba legislature has finally removed the unconstitutional sections, ensuring the law is consistent with the Charter of Rights and Freedoms.
"Removing these sections shows a commitment by the Manitoba government to the rule of law and the duty of religious neutrality," said BCHA Executive Director Ian Bushfield. "Unfortunately, the law failed to address the many other sections that permit religious indoctrination in Manitoba schools, including its unique petition system where parents can force religion into schools."
Sections 80-83 of the Public Schools Act, which remain the law, permit up to 2.5 hours a week of religious instruction "conducted by a clergyman, priest, rabbit or other spiritual leader" or an equivalent representative recognized by parents. Boards may pass a bylaw requiring such instruction or a mere 25 parents (10 in the case of a school with one or two classrooms) can petition to force it into the school. Parents may opt their kids out of the bible studies but such exclusion has been found to "discriminate against religious minorities" by the Ontario Court of Appeal. Additionally, Section 84(8) requires a school conduct religious exercises (eg prayers) in schools for students of parents who petition the district.
As the BCHA wrote in Religion in Public School Acts,
There is a seeming contradiction here between the Court of King’s Bench ruling in 1992 finding religious exercises to be unconstitutional, and the possibility that a school board may be required to provide such exercises. This underlines the importance of removing these antiquated practices from contemporary education policy.
In addition to repealing the outdated religious exercise provisions, Bill 40 also replaced the requirement for Manitoba schools to begin with God Save the King with a policy around land and treaty acknowledgements. It requires schools hold Remembrance Day observances between November 4 and 10. Finally, it dissolved certain advisory boards.
Despite Manitoba's move to modernize its act, many other provinces still allow religion in public schools. Alberta and Saskatchewan permit prayers and religious instruction in schools. Ontario and Northwest Territories allow religious instruction. New Brunswick's regulations permit Bible readings or the Lord's Prayer and Newfoundland and Labrador's Act allows parents to request a religious observance in schools.
Additionally, past research by the BCHA has documented unconstitutional prayers in seven local governments across Manitoba and each day's sitting of the legislature begins with a 'non-denominational' prayer, which Premier Wab Kinew has proposed modernizing.