Did the trial judge err in finding that the impugned provisions do not discriminate against public schools?
[70] PSBAA and ASBA raise two arguments alleging discrimination under s. 17(2) of the Alberta Act. The first is that public schools are discriminated against because public boards are unable to opt out of ASFF funding scheme. The second is that the Government Organization Act , by giving such wide discretion regarding the payment of grants, potentially permits discrimination. [71] Section 17(2) reads as follows: 17. Section 93 of The British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph:- (2) In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. (a) Opting Out [72] At trial, PSBAA an
