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.