So... I've been thinking about this a bit, mainly after having read the Alberta thread. I'd like to know what you all think of this:

The Canadian Charter of Rights and Freedoms enshrines equality rights:

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
However, the Charter makes an exception for certain Consitutional rights to separate schools:

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.(95)
So what is the Constitutional right to separate schools? The Constitution spells this out:

93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:—
(1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union:
(2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec:
IOW, the consitutionally guaranteed rights that the Charter refer to (and therefore are the only ones exempt from the Charter provisions on equality rights) are only those education rights that were in place "at the union", or on the date of Confederation... IOW, 1867.

So what were the rights that were in place on this date? Not the right to high schools, since (according to the sources I can find online) public high schools didn't come into existence in Ontario until 1871, and publicly-funded Catholic high schools ("fifth-form" schools, rather - up to grade 10) didn't begin until 1899. Public funding for grades 11, 12 and (the since-eliminated) 13 didn't begin until 1984.

Therefore, AFAICT, Catholic high schools in Ontario aren't covered by that exemption in the Charter for religious schools.

Therefore, AFAICT, Catholic high schools in Ontario fall under the equality provisions of the Charter, which forbid discrimination on the basis of religion.

Since Catholic schools are intrinsically discriminatory on the basis of religion, therefore, AFAICT, Catholic high schools in Ontario are unconstitutional.

What do you think? Is there something I'm missing?