THE HISTORICAL AND CONSTITUTIONAL CONTEXT OF EDUCATION

Canada and Saskatchewan

PERSPECTIVES ON EDUCATION IN CANADA

Education is a battleground for major social issues including religion, family life education, creationism, gay rights, etc.

Canada funds quality public education

PERSPECTIVES ON EDUCATION IN CANADA

Religion and Education are closely linked – separate section in Canadian constitution, publicly funded minority faith schools

Canada Pragmatic – usually public education and religion separated (United States)

PERSPECTIVES ON EDUCATION IN CANADA

Education a Provincial responsibility

Different provinces – different standards

Treatment of Minority/Disadvantaged Groups

Need for focus on Human/Social Justice

FOUR CULTURAL TRADITIONS

French Tradition – Education and the Church

English Tradition – Education and the church class-

based system

American Tradition – impact of religion, democracy

and equality

Scottish Tradition – democracy and equality, practical

curriculum

BRITISH CONQUEST OF NEW FRANCE: THE BEGINNING

The Treaty of Paris (1763) Britain allows New France

(Quebec) freedom of religion and language

Education of French population left with the Roman Catholic Church

British ruling and business classes establish minority schools for their children

CANADA: A NEW COUNTRY 1867

Union of four colonies: Ontario, Quebec, Nova Scotia & New Brunswick

British North America Act (Canadian Constitution)

Minority faith provisions – Sec. 93 Education placed in provincial jurisdiction

Quebec – dual confessional model with separate structures for Catholic & Protestant systems

Ontario – non-sectarian state school system with minority faith schools. Model for Saskatchewan

B.N.A Act, 1867 (Constitution Act, 1982)

Section 91Parliament of Canada

Criminal Law

“Indians”

Armed Forces

Divorce etc.

(residual powers)

Section 92Provincial

Legislatures

Administration of Justice

Property and Civil Rights

Hospitals etc.

Section 93Education

Provinces exclusivelymake laws

Denominational Rights

Remedial Power of Parliament of

Canada

Education Act and Regulations

THE CONSTITUTION ACT 1982 (B.N.A. ACT 1867)VI. DISTRIBUTION OF LEGISLATIVE POWERS

§93 - EDUCATION

THE CONSTITUTION ACT 1982 (B.N.A. ACT 1867)VI. DISTRIBUTION OF LEGISLATIVE POWERS

§93 - EDUCATION

93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:

1. Nothing in any such law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union;

2. All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec;

3. Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education;

4. In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.

93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:

1. Nothing in any such law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union;

2. All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec;

3. Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education;

4. In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.

All jurisdictions in Canada have chosen to make education not only a right, but also an obligation.

HIERARCHY OF LEGAL CONTROL OVER EDUCATIONAL POLICY AND PRACTISE

CONSTITUTION ACTEspecially Section 93 & CanadianCharter of Rights & Freedoms

STATUTESEducation ActSaskatchewan Teachers’ Federation ActSaskatchewan Human Rights CodeCriminal Code of CanadaYouth Criminal Justice Act

REGULATIONSEducation Act, Section 372 (1)(eg. The Education Regulations, 1986;The Teacher Certification andClassification Regulations, etc.)

COMMON LAW(eg. Precedent – R v. Oakes, etc.;& principle – in loco parentis, etc.)

RULES & POLICIES

SO – WHAT DOES THIS MEAN?

Implications – Education in Saskatchewan:

Education is a provincial responsibility

Provision for minority faith education

Education is political – school division restructuring, funding, social policy issues

Scottish/American Influence – local control

Treatment of disadvantaged/minorities

DENOMINATIONAL RIGHTSDENOMINATIONAL RIGHTS

Denominational schools can hire only those teachers who belong to the church and can demonstrate adherence to its teachings. In the Catholic context, this usually means a letter from the applicant’s parish priest.

Catholic teachers who are employed by Catholic school systems are required to provide “witness” to the morality taught in church doctrine and required of church members by Canon Law. In practical terms, this means that these teachers can (and frequently are) sanctioned for failure to live up to these standards in their personal lives. Dismissal for this reason is referred to as “denominational cause.”

Denominational schools can hire only those teachers who belong to the church and can demonstrate adherence to its teachings. In the Catholic context, this usually means a letter from the applicant’s parish priest.

Catholic teachers who are employed by Catholic school systems are required to provide “witness” to the morality taught in church doctrine and required of church members by Canon Law. In practical terms, this means that these teachers can (and frequently are) sanctioned for failure to live up to these standards in their personal lives. Dismissal for this reason is referred to as “denominational cause.”

STRUCTURE OF EDUCATION IN SASKATCHEWAN

Saskatchewan Teachers Federation (STF)

League of Educational Administrators, Directors and Superintendents of Saskatchewan (LEADS)

Saskatchewan School Boards Association (SSBA)

Saskatchewan Government – Ministry of Education