Date of Award

1-1-1986

Document Type

Dissertation

Degree Name

Doctor of Education (EdD)

Department

Educational Leadership

Abstract

The purpose of this dissertation was to examine the implications of selected sections of the Charter of Rights and Freedoms for students' rights in education in Canada.The author began by presenting a brief history and comparison of the educational systems and legal frameworks of Canada and the United States. Corresponding sections of the Charter and the United States Constitution were then identified. The language of sections 2, 7, and 15 of the Charter was compared and contrasted to the language of the relevant amendments. This was accomplished by examining relevant American case law for the judicial interpretation of the meaning and intent of the language. The decisions in these cases were examined to determine the courts' rationale in holding school policies and practices constitutional or unconstitutional. By applying the American courts' rationale to existing educational policy and practice in Canada, the implications of the Charter for students' rights in Canada were proposed.An analysis of the comparisons allowed the author to arrive at the following conclusions: (1) The Charter provides for and indeed compels the judicial review of the substantive content of legislation in Canada. (2) The issues arising under the free exercise of religion clause in Canada will be similar to those issues identified in the United States. A balance between the freedom of belief explicitly protected in the Charter and the practice and conduct of that religious freedom will need definition by the Supreme Court. (3) The freedom of expression guarantees of section 2(b) of the Charter afforded students in the school setting will depend on the degree of constitutional protection afforded minors and the amount of deference to the in loco parentis power of schools for the protection and control of their students. (4) Section 7 of the Charter can logically be interpreted as providing for both substantive and procedural due process. (5) Section 15 of the Charter will impact on Canadian educational policies and practices which address educational opportunities. Ability grouping (tracking) and accessibility of all students to educational facilities and opportunities will need examination to insure equal educational opportunity.

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