Direct answer
Ontario funds Roman Catholic schools because section 93 of the Constitution Act, 1867 protected separate-school rights at Confederation, before the Charter existed. In Adler v. Ontario (1996) the Supreme Court held that funding Catholic schools and not others does not breach the Charter, because Charter rights cannot be used to attack section 93. Ontario provides no direct public funding to private schools of any kind.
Start with the short answer, then reveal deeper context where helpful.
When Ontario joined Confederation in 1867, section 93 of the Constitution Act protected the school rights that Roman Catholic separate-school supporters already held. Those rights predate the Canadian Charter of Rights and Freedoms by 115 years. Catholic school boards are therefore not private schools at all — they are publicly funded, publicly governed school boards with elected trustees, and they carry the same special education duties as public boards, including the IPRC process, Individual Education Plans, and a Special Education Advisory Committee.
Families who wanted funding for Jewish and Christian schools took the question to the Supreme Court of Canada. In Adler v. Ontario, [1996] 3 S.C.R. 609, the Court held that funding Catholic schools and not others does not breach Charter sections 2(a) or 15(1), because Charter guarantees cannot be used to attack rights that section 93 itself confers.
There is no current Ontario government proposal to fund private schools. Proposals do exist from policy organizations, and they frequently begin with students who have special education needs, but none has become policy and no party platform in 2018, 2022 or 2025 committed to one.
When Ontario joined Confederation in 1867, section 93 of the Constitution Act protected the school rights that Roman Catholic separate-school supporters already held. Those rights predate the Canadian Charter of Rights and Freedoms by 115 years. Catholic school boards are therefore not private schools at all — they are publicly funded, publicly governed school boards with elected trustees, and they carry the same special education duties as public boards, including the IPRC process, Individual Education Plans, and a Special Education Advisory Committee.
Private schools sit outside that structure entirely. Ontario treats them as independent businesses or non-profits. They receive no direct provincial funding, and they are not bound by most of the Education Act machinery that protects students with disabilities.
Families who wanted funding for Jewish and Christian schools took the question to the Supreme Court of Canada. In Adler v. Ontario, [1996] 3 S.C.R. 609, the Court held that funding Catholic schools and not others does not breach Charter sections 2(a) or 15(1), because Charter guarantees cannot be used to attack rights that section 93 itself confers.
They then took it internationally. In Waldman v. Canada (Communication No. 694/1996, decided 5 November 1999), the UN Human Rights Committee found that Ontario had violated Article 26 of the International Covenant on Civil and Political Rights, holding that funding one religious group and not another must rest on reasonable and objective criteria. The Committee's views are not binding in Canadian law. Ontario did not change its funding. Finally, in 2007, Progressive Conservative leader John Tory campaigned on extending funding to other faith-based schools; the party lost the election and Tory lost his own seat. No Ontario party has campaigned on it since.
There is no current Ontario government proposal to fund private schools. Proposals do exist from policy organizations, and they frequently begin with students who have special education needs, but none has become policy and no party platform in 2018, 2022 or 2025 committed to one.
The more immediate point for families is that funding is not the only thing missing at a private school. There is no IPRC, no requirement to write an Individual Education Plan, no Special Education Advisory Committee, and no appeal to the Ontario Special Education Tribunal. The Ontario Human Rights Code does still apply, because a private school provides a service, so disability discrimination remains actionable at the Human Rights Tribunal of Ontario.
This page is general information about how Ontario law is structured. It is not legal advice, and it is not a comment on any particular school or case. For advice on your own situation, contact the Human Rights Legal Support Centre or ARCH Disability Law Centre.
Constitution Act, 1867
Section 93 — provincial power over education, subject to protection of denominational school rights existing at Confederation
Adler v. Ontario
Adler v. Ontario, [1996] 3 S.C.R. 609 (1996 CanLII 148) — Supreme Court of Canada
Waldman v. Canada
UN Human Rights Committee, Communication No. 694/1996, UN Doc. CCPR/C/67/D/694/1996 (5 November 1999)
Guide to private schools for autistic children in Ontario. Covers autism-specific schools, costs, accreditation, and whether OAP funding can be used for private school tuition.
Ontario autistic children have legal rights to an Individual Education Plan (IEP). Learn what schools must provide under the Education Act and Ontario Regulation 181/98.
How the Identification, Placement, and Review Committee (IPRC) works for autistic students in Ontario. Understand your rights under Ontario Regulation 181/98.
Commitment to Accuracy: Our data is verified against official government reports (FAO, MCCSS), peer-reviewed scientific literature, and accessible public records. Last updated: March 24, 2026.
How long do families wait for Ontario autism services?
Ontario autism wait times for core clinical services now exceed 5+ years (2026). Most families currently receiving invitations registered in 2020 or earlier. This delay far exceeds the sensitive early intervention window recommended by developmental specialists.
Source: OAC FOI Mar 2026, FAO Report 2024 · Verify Link
Written by Spencer Carroll
Founder & Autism Advocate