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Neither Hired Mouth nor Class Monarchs: The Scope of Schoolteachers' Freedom of Expression in Canada
de Britto, Tatiana Feitosa – Canadian Journal of Education, 2018
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…
Descriptors: Freedom of Speech, Public School Teachers, Foreign Countries, Teacher Rights
Phillips, Ron Sydney – McGill Journal of Education, 2011
In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1-11 between the Crown (i.e., The Government of Canada) and First Nations…
Descriptors: Foreign Countries, Federal Government, Canada Natives, Government Role

Kilgour, David – Canadian Social Studies, 1991
Reports findings of a survey suggesting that Edmonton, Alberta residents favor a referendum before any changes are made in Canada's constitution. Explains changes proposed by Prime Minister Brian Mulroney. Examines plans for House of Commons reform, aboriginal self-government, economic union for Canada, worker training, immigration, and other…
Descriptors: Attitude Measures, Constitutional Law, Federal Government, Governmental Structure

Manley-Casimir, Michael E.; Sussel, Terri A. – Interchange, 1986
Section 15 of the 1982 Canadian Charter of Rights and Freedoms guaranteed equality to Canadians by April 17, 1985. This study was designed to investigate preparation during the three-year deferral period by federal and provincial/territorial governments to harmonize legislation in the area of education with the Charter's guarantees. (MT)
Descriptors: Constitutional Law, Elementary Secondary Education, Equal Education, Equal Protection

Hahn, Harlan – International Journal of Rehabilitation Research, 1987
This article, based on interviews with key informants, reports the constitutional and historical background of implications of the inclusion of the disabled in the Canadian Charter of Rights and Freedoms on efforts by organizations and persons to adapt the environment to minimize handicapping effects on the disabled in Canada. (Author/DB)
Descriptors: Accessibility (for Disabled), Civil Rights, Constitutional History, Constitutional Law
O'Reilly, Robert R. – 1990
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…
Descriptors: Constitutional Law, Court Litigation, Disabilities, Elementary Secondary Education
Van Dyck, Clay – Multiculturalism, 1978
Presented in this article is a Rights Awareness Test (RAT) dealing with race issues and their coverage by the law. This test can be used in the classroom as a vehicle for discussion on contemporary human rights issues. (Author/EB)
Descriptors: Civil Liberties, Civil Rights, Civil Rights Legislation, Constitutional Law
Manley-Casimir, Michael E. – Education Canada, 1979
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)
Descriptors: Civil Liberties, Constitutional Law, Definitions, Elementary Secondary Education
Berkeley, Heather; And Others – Interchange, 1977
Different constitutionally-embodied individualistic premises, a different judicial system, and different social beliefs argue for a specifically Canadian approach to the problem of children's rights. (MJB)
Descriptors: Child Advocacy, Civil Liberties, Constitutional Law, Due Process

Black-Branch, Jonathan L. – Educational Planning, 1997
Presents findings of a socio-legal research study focusing on areas of concern for educational planners under the 1982 Canadian Charter of Rights and Freedoms. The experts consulted identified seven major areas to watch for: fundamental freedoms, legal rights, equality rights, minority language educational rights, denominational school rights,…
Descriptors: Civil Liberties, Constitutional Law, Cultural Pluralism, Educational Planning

Kilgour, David – Canadian Social Studies, 1993
Reviews the results of the October 26, 1992, national referendum on the Canadian constitution. Describes the impact of the results on the provinces of western Canada. Concludes that a new national election should be called to resolve further the constitutional issues. (CFR)
Descriptors: Biculturalism, Constitutional Law, Elementary Secondary Education, Foreign Countries

Khan, Anwar N. – Journal of Law and Education, 1999
Canadian public education has become secularized. Although the Charter's language on freedom of conscience and religion prohibits religious indoctrination in schools, it does not proscribe education about religion. Generally, Canadian courts have followed and accepted American developments in this regard but have avoided byzantine judgments on…
Descriptors: Comparative Education, Constitutional Law, Cultural Pluralism, Elementary Secondary Education

Clarke, Paul – Journal of Educational Administration and Foundations, 1999
Canadian public school boards still discriminate against homosexual educators. In British Columbia and Manitoba, recent court challenges raise questions about disciplining educators on the basis of sexual orientation and discussion of homosexuality in the classroom. Employment sanctions based on sexual orientation alone violate basic human and…
Descriptors: Boards of Education, Constitutional Law, Court Litigation, Elementary Secondary Education
Lawton, Stephen B. – 1985
Both Protestant and Catholic residents of Ontario's school districts have historically had the right to establish separate public elementary school boards and schools, and to levy taxes to support those schools, under most conditions. Only recently have all major political parties in Ontario agreed to funding Catholic public secondary schools…
Descriptors: Catholic Schools, Civil Rights, Constitutional Law, Court Litigation

Jefferson, Anne L. – Journal of Educational Administration and Foundations, 1996
Addresses litigation launched by a wealthy school district against the Alberta (Canada) Ministry of Education, regarding legislation to increase fiscal equity among school systems. Reviews the concept of fiscal equality, financial plans to achieve this goal, and the Alberta funding structure. Describes proposed changes to the School Act. The…
Descriptors: Constitutional Law, Court Litigation, Educational Equity (Finance), Elementary Secondary Education