Tory's proposal was a political miscalculation, and we know the disastrous outcome. He didn't anticipate that most people understood what a behemoth of cost his proposal would be (not to mention a nightmare of cultural segregation), that the only real option for reform is to abolish the catholic school board, that if you can't fund them all you shouldn't fund any... as for constitutionality, yes technically it is protected as a 'privilege'. It is an archaic protection, however, and likely in violation of the charter. Other provinces have overridden it and it is time for Ontario to do so too.