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…

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…

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…

In Ontario, Canada, the 19th-century educational imperative of indoctrinating public school students in a common Christianity became intolerable, given the province's increasingly pluralistic population. Most vestiges of religious practice and instruction have been swept from public schools. Religious minorities' preference for a unitary,…

The authors begin with a discussion of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its…

Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…

The government of Ontario announced in 1984 that it would begin to fund Catholic high schools in 1985. Prior to this announcement, Ontario had operated since the 1800s under a system that provided for the public funding of a dual system of Protestant and Catholic public elementary schools and a single system of nondenominational secondary schools.…

In this article, I examine the adequacy of a Catholic school district's written documents dealing with the inclusion of non-Catholic students. I first describe, in communitarian terms, the nature of a Catholic school community; then I use a contractarian analysis of the school district's written inclusionary policy to better understand its…