The country’s top court has declined to hear the appeal of a private Calgary school that was found to have discriminated against two Muslim students who were denied prayer space on campus.

The Supreme Court of Canada’s ruling Thursday ends a 12-year legal battle to overturn an Alberta Human Rights Commission (HRC) decision that resulted in a $26,000 fine against Webber Academy.

As is the SCC’s practice, no reasons were given for the court’s refusal to hear the appeal.

On Dec. 1, 2011 two 14-year-old students enrolled at Webber Academy.

For their first two weeks at the school, different staff members found empty classrooms and office space so the students could perform their prayers.

But 17 days into their enrolment at the school, president Neil Webber learned that the students were praying on campus and contacted their parents to advise them the practice would no longer be allowed.

The president also informed the two families that the students would not be allowed to attend the school the following year.

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    18 months ago

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    The country’s top court has declined to hear the appeal of a private Calgary school that was found to have discriminated against two Muslim students who were denied prayer space on campus.

    The Supreme Court of Canada’s ruling Thursday ends a 12-year legal battle to overturn an Alberta Human Rights Commission (HRC) decision that resulted in a $26,000 fine against Webber Academy.

    But 17 days into their enrolment at the school, president Neil Webber learned that the students were praying on campus and contacted their parents to advise them the practice would no longer be allowed.

    Webber then informed the families that the boys would be allowed to pray on campus only if they didn’t bow or kneel so no observer would know prayer was occurring

    It sent the matter back to the commission to hear the case again in light of the school raising new issues that had not previously been considered by the tribunal or lower courts.

    “Webber Academy’s non-denominational policy is not affected by providing the students with access to quiet, private space to pray,” wrote the Alberta Court of Appeal in its 2023 decision.


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