The Courts, the Charter, and the Schools : The Impact of the Charter of Rights and Freedoms on Educational Policy and Practice, 1982-2007

The adoption in 1982 of the Canadian Constitution act, with its embedded Charter of rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. the Courts, the Charter, and the Schools examines how the Constitution act has affected educational policy during the first twenty-five years of the Charter by analysing landmark rulings handed down from appellate courts and the supreme Court. This collection of essays by prominent legal scholars and educational commentators considers the influence that the Charter has had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. The contributors demonstrate why and how the Charter was invoked, interpreted, and applied in each of these cases, and highlight the broader consequences for Canada's schools. Providing comprehensive, original analysis of important issues and landmark decisions, the Courts, the Charter, and the Schools makes a significant contribution to the study of educational law and policy in Canada. michael manley-casimir is a professor in the Faculty of education and director of the Tecumseh Centre for aboriginal research and education at Brock university. university of Toronto Press Incorporated 2009 Toronto Buffalo london www.utppublishing.com Printed in Canada IsnB 978-0-8020-9199-4 (cloth) IsnB 978-0-8020-9440-7 (paper) Contents 5 Acknowledgments 7 Introduction: Change and Stability: Assessing the Impact of the Charter on Educational Policy and Practice 9 1. Equality in the Schoolhouse: Has the Charter Made a Difference? 22 2. The Lighthouse of Equality: A Guide to ‘Inclusive’ Schooling 47 3. Special Education and the Charter: The Effect of the Equality Provisions and Charter Litigation on Educational Policy and Practice in Ontario 72 4. Equity, Equality of Opportunity, Freedom of Religion, Private School Funding, and the Charter 93 5. Religion in Canadian Education: Whither Goest Thou? 117 6. The Teacher in Dissent: Freedom of Expression and the Classroom 143 7. School Searches and Student Rights under the Charter: Old Wine in New Bottles 163 8. Corporal Punishment and Education: Oh Canada! Spare Us! 189 9. Children’s Charter Rights: A Slogan Still in Need of Judicial Definition 208 10. The Judicial Contours of Minority Language Educational Rights under the Charter 221 11. The Courts and the School: The Judicial Construction of the School 250 Appendix: Constitution Act, 1982 Charter of Rights and Freedoms 271 Notes 281 References 341 Contributors 361 Index 367

The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court.

The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.

The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court--Résumé de l'éditeur