• Religious Exercises
  • Religious Instruction
  • Documentation

The process for implementing religious exercises are found in section 84 of The Public Schools Act (PSA) and in the Religious Exercises in Schools Regulation (MR 554/88).

In 1992, the Court of King’s Bench of Manitoba ruled that mandatory religious exercises in public schools infringe sections 2 and 15 of the Canadian Charter of Rights and Freedoms and ordered an end to the practice, deeming some provisions associated with religious exercises in the PSA unconstitutional.

Petitions
Religious exercises may only be conducted where a petition asking for such exercises is presented to the school board. The petition must be signed by the parent(s)/guardian(s) of 75 per cent of the students attending a school with fewer than 80 students or by the parent(s)/guardian(s) of at least 60 students attending a school with 80 or more students.

If a parent/guardian wants religious exercises in a school, the school board may share with them the provisions of subsection 84(8) of the PSA and Religious Exercises in Schools Regulation (MR 554/88) and explain the process required to implement religious exercises.

School boards and school divisions should not take any action that would be seen as initiating or prompting implementation of religious exercises. Schools should play no role in the petition process and act on a petition only when so advised by the school board.

The content of the religious exercises must be defined in the petition. It is important that those persons being approached to sign the petition know exactly what they are being asked to sign and that the school board clearly understands what is being requested.

Petitions respecting religious exercises must be received by the school board each school year and be on a school-by-school basis. This means that petitions do not carry over into future school years, but rather, must be resubmitted each year.

Parent(s)/guardian(s) of a variety of faith groups can petition for their own religious exercises in the same school.

Delivery of Religious Exercises
Once religious exercises are instituted by petition in a school, only those children whose parent(s)/guardian(s) have signed the petition may participate initially. It must not be assumed that those parent(s)/guardian(s) who did not sign the petition want their children to participate in religious exercises. It must be an opt-in process.

Schools can advise parent(s)/guardian(s), through school newsletters or other means, that religious exercises are in place in the school and that those parent(s)/guardian(s) wishing to have their children participate can do so by notifying the principal. This might mean having the parents come to the school to sign the petition or indicate consent by sending a signed letter to the principal as an attachment to the petition. Though it may be administratively convenient, schools should not send out “Yes/No” ballots to parent(s)/guardian(s) to record whether they wish their children to participate in religious exercises.

Teachers and other staff are not required to conduct or supervise religious exercises. Participation by staff must be voluntary. If teachers and other staff are unwilling to conduct or supervise such exercises, alternate arrangements must be made. This may involve requesting members of the parent(s)’/guardian(s)’ group petitioning for the exercises to conduct the activity themselves or suggest a third-party provider. The principal will be responsible for determining the appropriate supervisory arrangements.

The parent(s)/guardian(s) making the petition are responsible for providing the prayer book, literature, or other materials required to conduct the religious exercises. These must be in accordance with the content of the exercises defined in the petition.

Religious exercises are to be held each teaching day and can be no longer than ten minutes in duration. The exercises are not to be held during regular instructional time. Religious exercises can be held either prior to the start of the school day or during noon recess. The principal will designate a location for the religious exercises.

The process for implementing religious instruction is found in section 80 of the PSA.

Petitions
Religious instruction may only be conducted where a petition asking for such exercises is presented to the school board. The petition must be signed by the parent(s)/guardian(s) of at least 10 children attending a school having one or two classrooms, or by the parent(s)/guardian(s) of at least 25 children attending a school having three or more classrooms.

Once a petition is presented to the school board, the school board is required to pass a by-law authorizing religious instruction.

Delivery of Religious Instruction
Authorized religious instruction may take place during school hours and on such days as approved by the school board by-law but shall not exceed two-and-a-half hours per week.

Religious instruction shall be conducted by a spiritual leader or by a representative of the parent(s)/guardian(s) recognized by the school board, or by any person, including a teacher, authorized by a spiritual leader.

When authorized by the school board, religious instruction can be conducted in a language other than English or French.

Schools can advise parent(s)/guardian(s), through school newsletters or other means, that religious instruction is taking place in the school and that those parent(s)/guardian(s) wishing to have their children participate can do so by notifying the principal.

Where the parent(s)/guardian(s) of a pupil who is under the age of majority does not want the child to participate in the religious instruction or where an age of majority student does not want to participate in the religious instruction, they must be excused from participating.