A Brampton father will have to wait to learn whether his son can be legally exempted from all religious programs at a local Catholic high school.

While Oliver Erazo received an exemption for his son Jonathan to opt out of religious studies, he’s now pinning his hopes on a court order to force the Dufferin-Peel Catholic District School Board to grant a full pass so the Grade 11 student doesn’t have to participate in liturgies or religious retreats at Notre Dame Catholic Secondary School.

Erazo, who has been battling the school board for more than a year, said he only wants the school board to fully adhere to and respect a specific section of the province’s Education Act regarding open-access legislation.

The board initially told him Jonathan could stay home from school during morning liturgies and return upon the program’s completion, but Erazo wants his son to be able to work in the school library or office with supervision during such events.

Although the three-member judicial panel reserved its decision to a later, still undetermined date, arguments at Wednesday’s hearing revolved around definitions of specific terms as outlined in the Education Act and how they apply to religious programs and education.

While the act allows people of all faiths to attend Catholic schools provided they also take religion courses, a proviso allows parents to request an exemption for their children from “any program or course of study in religious education” by writing to the board.

Nathaniel Erskine-Smith, a lawyer representing Erazo, said the panel will ultimately have to decide whether the legislation means students like Jonathan should be exempt from additional religious activities, and not just religious studies, while attending Catholic schools.

“The perfect solution, at the end of the day, would be if there’s supervision for Jonathan to go to either the library or the office,” Erskine-Smith said, noting both sides worked diligently to try to hammer out an amicable solution prior to Wednesday`s daylong hearing in Brampton.

“It’s not to say we didn’t try, but at the end of the day we weren’t able to agree on what was reasonable accommodation. We’re hoping (the hearing) resolves this once and for all and there will be a solution.”

Erazo and his wife initially chose Notre Dame for their children because it’s the closest to their home and garners favourable ratings on a school-ranking website.

Erskine-Smith said Erazo isn’t asking for the school to rid itself of religion.

“There’s going to be religious elements in a Catholic school that exists no matter what,” he said. “Common sense will tell you there’s going to be Catholicism, but they certainly can exempt children from programs.”

The school board, which has remained firm in its decision to only provide a course exemption, was represented at the hearing by attorney Susan-Adam Metzler.

School board spokesman Bruce Campbell declined to comment on the matter since it’s now before the courts, but previously outlined the board’s position.

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“You can’t extricate the faith. It’s woven throughout the fabric of the school,” Campbell said earlier, pointing out non-Catholic students are expected to attend masses and other religious programs, but do not have to actively participate.

“They sit quietly and respectfully. They can still receive a blessing. It’s really important to participate in the life of the school.”

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