This paper's purpose is to extensively review the historical understanding of conscience and the current juridical interpretation of freedom of conscience under section 2(a) of the Canadian Charter of Rights and Freedoms (1982). It then briefly notes that given the challenge faced by Ontario's Catholic schools in providing for inclusionary…

This review examines outcomes, tensions, and variables contained in eight Canadian legal cases, which are important because of their profound implications for current and future stakeholders of Catholic education. These cases prompt educators to re-examine the understanding of student rights, teacher rights, and the rights of the Catholic school…

This purpose of this paper is to provide a theoretical foundation for inclusion in Canadian schools for this Special Issue on Inclusive Education. In response to the need for an interdisciplinary framework, this paper uses an interpretive literature review methodology to construct a framework for educational inclusivity based on four disciplinary…

This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

When the author first started working in the education law field, about 20 years ago, representing school boards and their officials, he always kept at the ready a half-dozen or so judicial decisions that expressed an attitude of judicial deference that many judges, including some of the Supreme Court of Canada, often displayed toward the…

The arguments of the Canadian court case Elwood v. Halifax County--Bedford District School Board, which established educational rights for the disabled under the Canadian Charter of Rights, are reviewed and the text of the agreement reprinted. The case established precedents in mainstreaming disabled students and involving parents in educational…

This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting…

After surveying recent constitutional trends and developments in charter jurisprudence and education, this paper examines the implications for Canadian schooling and education of an activist Supreme Court and discusses some of the advantages and disadvantages of national policy making and judicial intervention in the educational arena. (Author/JAZ)

Reviews Canadian legal development in areas of religious instruction, sex education, censorship, home schooling, minority language rights, special education, and Indian land claims. Examines accompanying implications for Native Canadian curricula. Notes increasing parental input and trend against unilateral control of education by provincial…

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,…

This review of special education policy documents as well as of a survey of and interviews with 25 Canadian school administrators found that the majority of administrators felt that the Canadian Charter of Rights and Freedoms expands the rights of special needs students and parents and that its influence is moderate to profound. (Author/JDD)

The 2004 Supreme Court of Canada decision in "Auton" concerns the right of autistic children to access services held by their parents to be essential to their children's ability to participate as members of a democratic society. It is argued that the child's right to have his or her basic developmental needs met is a constitutionally…

While Canadians tend to consider the American system to be overly litigious, they are catching up fast. Their own domestic set of plaintiffs is suing the agents of obesity and pollution, but actions pertaining to education seem to be spiking as well. A few of these cases are trivial. This morning's local newspaper reports that a judge has ruled…

Denominational instruction within public schools is inadequate for parents whose religious convictions are not satisfied by secular education. Fears of division in society, narrow curriculum, shortage of pupils, and shortage of funding have created legal and practical limits for establishing alternatives. (Author/JAZ)

The implications of the new Canadian Charter of Rights and Freedoms for developing second language programs in Edmonton, Alberta, are explored. Immersion programs and ethnic survival programs are examined in depth. (BS)