But is it gender discrimination on behalf of the school board/schools, who are not dictating to the Muslim children how they should to pray? The act of the children participating in their prayers the way they do constitutes the school body condoning gender discrimination? That's a tremendous leap.
The school has responsibility for the students during school hours. This doesn't magically turn off just because they hand them over to someone who doesn't work for the school.
Well, the policy "applies" to the school board, not everyone, and not the private citizens who attend school.
Is this true for all policies? For instance, is the board's "no weapons" policy only binding on the school and not on the students?
As with the writing of the Charter, school boards have the responsibility of a governing body, and lay out their policies accordingly. Their conduct will conform to gender discrimination laws --they have no authority to enforce gender non-discrimination on private citizens.
When those private citizens are students of the school, and when the setting is on school grounds during school hours, they most certainly do have this authority.
There are two ways of looking at this; both are problematic:
- the imam and the students are under the authority of the school board. In this case, gender discrimination is a violation of policy.
- the imam and the students aren't under the authority of the school board. In this case, the school has failed to be responsible for the students while they are officially under their care, which would mean that the principal and teachers have violated a whole host of other policies and (most likely) laws.
If the imam and the students somehow magically step beyond the authority of the school and the board when they're in their prayer service (even though it takes place in the school during school hours), then the school's actions are effectively equivalent to simply leaving the students unsupervised for this time.
Gender non-discrimination is not a requirement of private citizens in Canada. Personal, and especially religious, freedom is held dear in Canada (at least, the Canada I grew up in).
Equality on the basis of religion and gender are held dear in the Canada I grew up in, but apparently that doesn't matter in this situation.
The Muslim students did bring "the way they pray" with them into the school classroom, the same way Jewish kids might bring their special diet food with them into the cafeteria. Neither reflect on the school board or its policies.
A Jewish kid bringing a special lunch doesn't require any special accommodation on the part of the school or the board. These prayer services are very different in many important respects.