What are the boundaries for teachers' freedom of expression in public, secular schools in Canada? Drawing from the constitutional text, legislation, and normative expectations emerging from the literature, this article examines the scope given to teachers' expression in landmark case law. The analysis shows that the binomial of trust and…

Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without…

This paper examines Special Education Tribunals, in Ontario, Canada through a Luhmannian theoretical lens. At total of 58 Special Education Tribunal summary hearings were analyzed using the constant comparative method through NVivo software. The results revealed that these Tribunals appear to favour the assessment testimony of teachers and other…

In 1973, British Columbia (B.C.) became the first province in Canada to forbid corporal punishment in public schools (B.C. School Act), followed by the majority of the other provinces. Alberta and Manitoba however, still have no provincially enacted legal prohibition, although many school boards have updated their policies to state that corporal…

This article reviews Canadian administrative law regarding homophobic bullying and school board decision making. Depending on the provincial legislation, school boards either have a mandatory or a discretionary duty to provide queer students with a safe learning environment. However, Canadian case law has arguably limited that discretion. Recent…

This paper's purpose is to extensively review the historical understanding of conscience and the current juridical interpretation of freedom of conscience under section 2(a) of the Canadian Charter of Rights and Freedoms (1982). It then briefly notes that given the challenge faced by Ontario's Catholic schools in providing for inclusionary…

This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

The volume provides a comprehensive discussion of special education from across the globe. The volume includes chapters from major countries such as United States, Canada, United Kingdom, Russia and Japan as well as countries such as Nigeria, Israel and Pakistan. Discussions related to these countries will include information on origins of special…

In November 2012, the educational provisions of the Copyright Modernization Act were proclaimed in force, thereby introducing a number of significant changes to the Canadian Copyright Act. These changes include the expansion of fair dealing to include the purpose of education, the addition of new educational exceptions for the online transmission…

This review examines outcomes, tensions, and variables contained in eight Canadian legal cases, which are important because of their profound implications for current and future stakeholders of Catholic education. These cases prompt educators to re-examine the understanding of student rights, teacher rights, and the rights of the Catholic school…

This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…

Proponents of "homeschooling" routinely claim it is legal for parents to rear their children as they see fit. This view ignores the "parens patriae" doctrine--the primary legal basis for the judicial regulation of custody and the legislative enactment of compulsory schooling laws for the benefit of all children. This article…

This article examines several legal cases in Canada, the USA, and Australia involving signed language in education for Deaf students. In all three contexts, signed language rights for Deaf students have been viewed from within a disability legislation framework that either does not extend to recognizing language rights in education or that…

The report is a critical evaluation of the Immigration Act of Canada and how it structurally and explicitly discriminates against the entry of persons with mental handicaps into Canada. Pertinent sections of the act and their application as described in selected appeal cases are analyzed. It is concluded that the Canadian immigration law actually…

The report examines case law in both Canada and the United States with respect to the integration of exceptional pupils into regular classrooms, with particular emphasis given to three concepts: mainstreaming, least restrictive environment, and maximum benefit. Analysis of American and Canadian jurisprudence finds that all exceptional children…