The author argues for the delineation of children's and student's rights in Canada's proposed new federal constitution. He discusses the traditional legal status of schoolchildren and defines their welfare and option rights. (SJL)

The U.S. Supreme Court has ruled that a state law compelling a child's attendance at a public school constitutes a violation of the parent's liberty interest under the 14th amendment. In Canada, however, courts have held that their equivalent to the 14th amendment does not encompass the liberty of parents to choose how to educate their children.…