Ontario should claw back funding to Catholic elementary schools and eliminate all financial support for Catholic secondary schools, says a court challenge launched by a Toronto woman.

Reva Landau, who filed the case in Ontario’s Superior Court of Justice in December, says in her application that she is asking for “a declaration that any aid to Ontario Catholic separate schools that was not guaranteed by the British North America Act, 1867 and the Constitution Act, 1982 and that is not equally available to any other religious or philosophical group violates” the Canadian Charter of Rights and Freedoms’ equality rights.

“I say we should go back to the good old days — though I don’t know if they’d look at it that way,” Landau said in a telephone interview Friday, calling the current system of funding just one religious system “blatant discrimination.”

If politicians here are not going to end public funding for separate Catholic systems — as some other provinces have done — “this is the next best thing,” she said.

“One public system, and the separate school system would be funded at the minimum that is required by the Constitution. There is no need to fund one penny more.”

Her claim, she explained, “is that the Charter of Rights cannot apply to override any separate school rights that existed at the time of Confederation, but it does apply to any separate school rights that were given to separate schools afterwards.”

Landau, who has a law degree but is not a practising lawyer, acknowledges “it’s not going to be an easy battle” given the courts have upheld the right to fund the separate system.

In 1867, the aid available for Catholic elementary schools was through Catholic ratepayers or business owners “who lived within three miles of a separate school and who declare themselves to be separate school supporters,” her application states.

“A small amount of grants from general revenues (not to exceed 20 per cent of all revenues available to Catholic separate schools) could be available if the Catholic ratepayers supply matching funds.”

Today, she argues, almost all education funding comes from general public funds — but should revert to the 1867 guarantees.

Her court challenge also says she is “forced to fund … a particular religious education system which propagates policies of which she does not approve.”