In my view such a challenge would fail. Crosbie Section 93 does not apply in Newfoundland. Term 17, from its enactment in 1949, has stated clearly that the Term applies in lieu of section 93. This would continue under the proposed Term. The introductory language to Term 17, enacted in 1949 and continued in the 1995 amendment, makes it clear that section 93 does not apply in Newfoundland.
Similar language is contained in the proposed Term.
In my view, section 93 would continue to be irrelevant in Newfoundland and Labrador if the proposed Term is adopted to replace the current Term. This power, which is contained in the current Term, would be eliminated. The new Term does not expressly or by implication authorize the hiring or assignment of teachers based on their religion. If the proposed Term 17 is enacted, the obligation, which is contained in the current Term, would be eliminated. All school trustees could be elected without reference to the individual ' s religious affiliation.