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WHAT'S NEW - AUGUST 2003

RECENT CANADIAN LEGAL DECISIONS

Welcome to the website for the Council on Alberta Teaching Standards (COATS). This area of the website changes monthly. The theme for this month will be of interest to teachers, administrators, and parents who are exploring issues related to recent Canadian legal decisions. The first section below identifies several weblinks related to the topic. Also listed below please find hard-copy sources of journal articles and a book chapter on this topic. We hope that you find this website to be a valuable resource. For quick reference bookmark http://www.teachingquality.ab.ca today!

WEBSITES AND ARTICLES RELATED TO RECENT CANADIAN LEGAL DECISIONS

Copyright Matters! Some Key Questions and Answers for Teachers.
Noel, W., Barrister and Solicitor, Ottawa
Breau, G., New Brunswick Department of Education
Bélanger, M., Council of Ministers of Education, Canada
Pierce, M., Canadian School Boards Association
Weiner, H., Canadian Teachers' Federation
© CMEC 2000.
http://www.cmec.ca/else/copyright/matters/indexe.stm

Within schools, copyright practice sometimes tends to engender confusion with regard to the use of resource materials-both print and media. The intent of this booklet is to encourage copyright awareness within Canadian school systems. The information is designed to be user-friendly and emphasizes the advantages of copyright collectives. Beginning with a definition of copyright, this website provides answers to more than 20 questions that might be posed by teachers concerning Canada's Copyright Act. Teachers are in a unique position that enables them to set an example to students regarding copyright. The Council of Ministers of Education Canada (CMEC) provides this online booklet with the support of other educational associations.

DeLuca Case.
Ontario Ministry of the Attorney General
© Queen's Printer for Ontario, 2003.
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/robins/ch3.asp

This Ontario website deals with the extent and nature of teacher-student sexual misconduct. National statistics are presented along with highlights of a review of related literature on the topic. The DeLuca case is cited as an example of such sexual misconduct. The incidence of such sexual misconduct at schools remains comparatively small but, even so, a matter of concern. The effects of such sexual abuse on young persons can be deep and enduring. Misconduct of this sort tends to tarnish the professional respect accorded to all teachers. Efforts are required to understand the problem and prevent its occurrence. Further particulars of the DeLuca case are available at
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/robins/ch1.asp and
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/robins/ch2.asp .

Legal Issues in Education. 2001.
Copyright Orbit Magazine
Zuker, M.
http://www.oise.utoronto.ca/orbit/legal_editorial.html

This online editorial from Ontario stresses the importance of education law. Zuker is enthusiastic about the statutes, cases and legal provisions that bear on schools. He describes the domain of education law as dynamic and intellectually stimulating. With examples from the Supreme Court and the Charter of Rights and Freedoms, he presents education law as evolving to meet the demands of a constantly changing world. Legal issues in education affect all stakeholders in education-students, teachers, staff, parents and society at large. One overall aim is for principals and administrators to use their knowledge of education law to put in place policies and practices that enhance the school environment. All educators are challenged to make use of their knowledge of educational law for the benefit of their students.

On this webpage Bezeau presents a selection of court cases relevant to teachers' duties and obligations. The court cases are those cited in Bezeau's latest edition of his well-known textbook. Resident at the University of New Brunswick, Bezeau is the author of Educational Administration for Canadian Teachers (2002), now in its third edition. Bezeau's work is a valuable resource for teachers and school administrators interested in the study of education law in Canada.

National Youth Criminal Justice Act FAQs. 2003.
Alberta Law Foundation
http://www.law-faqs.org/nat/ycja.htm

This website is sponsored by the Alberta Law Foundation. The website answers frequently asked questions regarding the Youth Criminal Justice Act, which was passed in 2002 and became effective in 2003. The Act deals with persons between the ages of 12 and 17 inclusive. The FAQs deal with highlights of the Act and the rationale for this legislation. The Act's attention to "special considerations" is noted. The legislation will be of concern to teachers and school administrators who regularly deal with students between the ages of 12 and 17. Links are also provided for further, more detailed information.

Nova Scotia Teachers and the Law: Recent Cases.
Nova Scotia Educational Leadership Consortium (NSELC)
© C. Copp. 2002.
http://www.nselc.ednet.ns.ca/nstl/recent_cases.htm

This webpage gathers a set of legal decisions deemed relevant to teachers in Nova Scotia. Because Canada's legal decisions give considerable weight to precedent, these cases are relevant in other Canadian jurisdictions. The most recent case cited is that of the Supreme Court of Canada in Arsenault-Cameron v. Prince Edward Island (2000), which concerned minority language rights under the Charter of Rights and Freedoms. Another case also rendered in 2000, concerned a Supreme Court of Canada decision on confidentiality and non-disclosure under the Young Offenders Act. A further example, Kennedy v. Waterloo County Board of Education, dealt with an Ontario Appeal Court ruling in a case of negligence in 1999. See also http://www.nselc.ednet.ns.ca/nstl/ for related legal cases.

JOURNAL ARTICLES

Title: Can We Legislate Beliefs?

Source: Education Canada. (2001). Vol. 41, No. 3, Pages. 36-37.

Author(s): Howard, J. P. R.

Abstract: This recent case from British Columbia concerns the limits of human rights legislation. Howard comments on a Supreme Court of Canada decision in the case of Trinity Western University v. British Columbia College of Teachers (2001). The essence of the case concerned whether the teacher training program offered by Trinity Western was discriminatory against homosexual teachers because of the private university's "Community Standards," which condemned non-biblical sexual practices. The Supreme Court's decision in favor of Trinity Western University drew on a distinction between beliefs and conduct to balance equality rights and religious freedom. The issues at stake are likely to remain controversial.

ISSN: 0013-1253

Title: Disciplining the "Off-Duty" Teacher.

Source: Education Canada. (2000). Vol. 40, No. 1, Pages 36-37.

Author(s): MacNeil, B. M.

Abstract: In this journal article, MacNeil reflects on the consequences of the Supreme Court of Canada decision in Ross v. New Brunswick School District No. 15. Teachers are responsible for their conduct not only on the job but also when they are off-duty. This high standard of behavior is required in order to ensure that teachers and their employing school boards enjoy trust and confidence on the part of the public. The Supreme Court has upheld denominational school boards' rights to require teachers' adherence to denominational standards even beyond the classroom. With regard to teacher conduct outside the classroom, MacNeil concludes that the courts assign the highest priority to public confidence in the education system.

ISSN: 0013-1253

Title: New Criminal Code Procedure for Production of Student Records in Sexual Assault Cases.

Source: Education Canada. (2001). Vol. 41, No. 1, Pages 44-45.

Author(s): Hoffer, M.

Abstract: This short article deals with the implications of new Criminal Code procedures, whose constitutionality was upheld in R. v. Mills (1999). These provisions affect the confidentiality of student records in instances where students are charged with sexual assault. In such a situation, in the interests of the accused receiving a fair trial, the new procedures require that the custodian of the student records present those records upon receipt of a subpoena. Hoffer notes that these provisions are likely to remain a matter of controversy. This article will be of importance to teachers, principals and school board administrators.

ISSN: 0013-1253

Title: School Board Liability for Student-Peer Harassment and Discrimination: Deliberate Indifference and Beyond?

Source: Education Canada. (2001). Vol. 42, No. 1, Pages 32-33, 47.

Author(s): Howard, J. P. R.

Abstract: This article explores the implications of a case of alleged discrimination against a student by a peer. The complaint was made under the Ontario Human Rights Code. The student-to-student discrimination at issue was a one-time incident that occurred on a school playground. The crux of the matter concerns the extent of the school board's liability for practicing "deliberate indifference." In light of American precedents, Howard contends that the standard of deliberate indifference remains flexible, and that a school board is unlikely to be found liable in a single incident of harassment of this sort. Another related case before the British Columbia Human Rights Tribunal, however, may serve to clarify when such indifference becomes unacceptable.

ISSN: 0013-1253

Title: Strike Laws, Not Children.

Source: Phi Delta Kappan. (2000). Vol. 81, No. 7, Pages 555-556.

Author(s): Robertson, H. -j.

Abstract: Robertson situates a current debate over whether or not to repeal section 43 of the Criminal Code of Canada. This section places the teacher in the place of a parent and saves the teacher from charges of assault when administering corporal punishment to correct a student, if the force used is reasonable. The Canadian Teachers' Federation (CTF) supports the existing law, while adopting policies that discourage the use of corporal punishment in the classroom. Those advocating legal reform advance the opinion that the law shields an archaic practice and invoke three sections (7, 12, 15) of the Charter of Rights and Freedoms to support their contention along with the United Nations' Convention on the Rights of the Child. Section 43 remains a lightening rod for strong disagreement.

ISSN: 0031-7217

BOOKS

Title: The Yearbook of Education Law 2001.

Source: In Russo, C., Editor. Dayton, OH: Education Law Association. Pages 366-381.

Author(s): Kahn, A. N.

Abstract: In this chapter, Kahn provides an account of recent Supreme Court decisions touching upon education law in Canada. He comments on several cases against the background of Canada's unique constitutional provisions for education established in Section 93 of the Constitution Act of 1867 and in the Constitution Act of 1982. He cites, for example, the "Public School Boards' Association of Alberta v. Alberta (Attorney General) (2000)," as well as the "Ontario Teachers' Federation et al. v. Attorney General of Ontario (2000)." Kahn sees the role of the courts increasing over the year under review, and he regards the disagreements between judges and lower courts as healthy developments. This chapter is valuable for the overview and framework that it provides. Kahn is Professor Emeritus of legal studies at Athabasca University.

ISBN: 1-56534-102-3