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Edmonton Sun Sports Edmonton Sun Express Edmonton Sun Business Edmonton Sun News Edmonton Sun Edmonton Sun Financial Post London Free Press Calgary Sun Ottawa Sun Toronto Sun CANOE EDMONTON SUN: TOP STORIES
May 30, 1998

SCHOOLS APPEAL TAX RULING

By JEREMY LOOME -- Staff Writer
  Alberta public schools say a Supreme Court of Canada challenge launched yesterday over school tax control is about democracy, not money.
 The Public School Boards' Association of Alberta filed the challenge after Alberta's appeal court refused in March to remove government education tax and spending rules.
 It wants the right to raise or lower and collect school taxes, and to decide which spending areas are priorities.
 But the high court appeal, if the court agrees to hear it, is also a defence of voters' rights, said executive director Dave King, a former education minister.
 "We point to the court's patriation judgment of '82, which stated some things are integral parts of the Constitution even though they're not written down in black and white," said King.
 "And we believe that local democracy is an integral part of the system of government in this country.
 "The (Alberta) government is in court making the argument that local trustees are to serve the minister's interests, not those of the community that elected them," he said.
 He suggested the case could set a precedent for local governance across the country by making it more difficult for provinces to interfere.
 Education Minister Gary Mar has roundly criticized the association's challenge
 "There was no financial or philosophical basis for it," Mar told The Sun in April. "I don't think school boards have ever had rights under the Constitution. School boards are a creation of the province and that gives us jurisdiction.
 "Do we elect our school board members to be tax collectors or do we charge them with the responsibility of educating our kids?"
 King said the high court will likely decide by October whether it will hear the appeal. If so, the earliest the case could go to court is June 1999, he said.

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