The near-exclusive public funding for a single religious denomination in the province of Ontario has garnered controversy in the last few decades. The controversy led to a Supreme Court decision in 1996 that held that the provincial education power under section 93 of the "Constitution Act, 1867" is plenary, and is not subject to Charter attack. They also noted it was the product of a historical compromise crucial to Confederation and forms a comprehensive code with respect to denominational school rights that cannot be enlarged through the operation of the Charter of Rights and Freedoms. The issue has garnered criticism internationally. On November 5, 1999, the United Nations Human Rights Committee condemned Canada and Ontario for having violated the equality provisions (Article 26) of the International Covenant on Civil and Political Rights. The Committee restated its concerns on November 2, 2005, when it published its Concluding Observations regarding Canada's fifth periodic report under the Covenant. The Committee observed that Canada had failed to "adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario."