power in relation to education granted to the provincial legislatures as part of the Confederation compromise. One part of the Constitution cannot be used to interfere with rights protected by a different part of that same document. There was a difference in interpretation as to how far the education power can extend towards the establishment of other education systems. The majority believed that legislation in respect of education could be subject to Charter scrutiny whenever the government decides to go beyond the confines of this special mandate to fund Roman Catholic separate schools and public schools. Sopinka J., on the other hand, observed that nothing in s. 93(3) restricts extending funding to others. However, when the province exercises its plenary power outside of the areas specified in s. 93(1) and (3), any distinctions violating the Charter are not "expressly permitted" or even contemplated. Legislation in such cases is no different from legislation under any of the heads of s. 92. Giving effect to the Charter will not invalidate any power conferred by s. 93. McLachlin J. stated that Section 93 is not a code ousting the operation of the Charter and was not intended to do more than guarantee school support for the Roman Catholic or Protestant minorities in Ontario and Quebec respectively. Provinces exercising their plenary powers to provide education services must, subject to this restriction, comply with the Charter. Otherwise, she considered the provisions in question to be constitutional. L'Heureux‑Dubé J. declared that the only school support guaranteed by s. 93 is that required of Ontario and Quebec to their respective Roman Catholic and Protestant minorities. Provinces exercising their plenary powers to provide education must, subject to this requirement, comply with the Charter. The provisions survived a challenge under Section 2, but ought to fail under Section 15. School health support services Both Iacobucci J. and Sopinka J. held that the School Health Support Services Program in question is immune from Charter scrutiny, as it is properly characterized as an "education service", as opposed to a "health service", and thus falls within the plenary education power. In dissent, both McLachlin J. and L'Heureux‑Dubé J. felt that the Program should not survive a Section 15 Charter challenge, as the denial of the health support program to the independent schools is not rationally connected to the objectives of providing universal education without discrimination, and is not justifiable under Section 1.