CALGARY – A complaint by two Muslim students who were not allowed to pray at a non-denominational private school in Calgary is headed back to the Alberta Human Rights Commission.

The Court of Appeal of Alberta says the original decision five years ago by a commission tribunal included a number of errors.

The court also says a new hearing is needed because the school — Webber Academy — has raised issues under the Charter of Rights and Freedoms that were not raised initially.

The two boys, who were in grades 9 and 10 in 2011, testified the school told them their praying was too obvious and went against the non-denominational nature of the academy.

The school’s president, Neil Webber, said all students and parents are told from the outset there is no space in the school for praying.

A human rights tribunal found the school could have accommodated the students’ prayers without violating its aim of being non-denominational.