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…

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…

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…

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…

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…

The new and immense task that awaits the judiciary of Canada is to decide what limitations, if any, ought to be imposed upon freedom of expression as protected in the new Canadian Constitution with an entrenched Charter of Rights. The area of civil libel law provides special problems related to free speech and press. One source of help for…

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.…

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.…

Exposes the legal and ideological changes that occurred regarding the Francophone minority educational system before and after 1982 in Canada. The article concludes that providing minorities with strong constitutional guarantees regarding their language's official status allows them to develop their own voice in democracies although these…

The Education Law Association's yearbook of education law provides lawyers, administrators, and professors with a comprehensive review and analysis of the previous year's state and federal court decisions and legislation affecting the operation, management, and governance of public elementary and secondary schools, higher education, and…

The opportunity for religious freedom brought the Amish from Europe to North America as early as 1737. And for many generations, conflicts between the Amish and the U.S. government were limited to Amish objections to military service. However, as the government's regulatory power grew in the 20th century, clashes between the Amish and the state…

The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on...mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators…