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…

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)

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,…

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…

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

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…

Section 15 of the Canadian Charter of Rights and Freedoms, passed by the government in 1982, has been compared in its guarantees of equal rights to the equal protection clause of the Fourteenth Amendment of the Constitution of the United States. These equality provisions were deferred for a 3-year period so that federal, provincial, and…

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…