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Education Law

Schulich School of Law, Dalhousie University

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Full-Text Articles in Law

A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis Jan 2019

A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis

Dalhousie Journal of Legal Studies

On the cusp of a judgment by the Saskatchewan Court of Appeal, this article examines the 2017 Saskatchewan Court of Queen’s Bench decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212. In this case, the SKQB ruled that non-Catholic students attending a publicly funded Catholic school were not entitled to per-student funding grants administered by the provincial government. This article reviews the case using a historicist lens informed by the philosophy of Edmund Burke, which the author suggests is appropriate in the Canadian constitutional context. Through this constitutional lens, the …

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Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Macisaac, Melissa Mackay Jan 2015

Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Macisaac, Melissa Mackay

Articles, Book Chapters, & Popular Press

In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …

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Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane Apr 1997

Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane

Dalhousie Law Journal

The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.

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Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard Apr 1996

Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard

Dalhousie Law Journal

Educators in Canada have recently identified that incidents of sexual harassment between students occur daily in our junior high and high schools. Sexual harassment seriously affects a student's emotional and physical well-being and negatively affects her opportunity to receive an equal education. In this article, the author examines the existing legal remedies available to a student victim of sexual harassment and concludes that student sexual harassment is best dealt with through education and preventative measures taken by school boards.

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A Case For The "Political Question" Doctrine? Adler V. Ontario, W Rod Dolmage Oct 1993

A Case For The "Political Question" Doctrine? Adler V. Ontario, W Rod Dolmage

Dalhousie Law Journal

The problem of how much, if any, public support should be afforded to private parochial2 schools might appear simple in principle: either fund them in a fashion similar to the "public" schools, or do not fund them at all. However, in the Canadian context, public funding of parochial schools has turned out to be extremely problematic in practice.

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Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro Oct 1988

Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro

Dalhousie Law Journal

The education of its citizenry is often recognized as one of the most important public services provided by the state. The history of the rise and development of public education in the provinces of Canada reveals, above all, the influence of the Protestant and Roman Catholic churches. The educational philosophy, aims and broader objectives of the public education system reflected the moral and religious doctrines of the faith which had sponsored the founding of the institution. Yet there also existed a pervasive belief among the general populace in the power of education to support and nourish basic democratic values. Moreover, …

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Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley Jun 1986

Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley

Dalhousie Law Journal

Some remarkable things have occurred in Quebec legal education over the last forty years. All phases of the educational process have been the object of an official government enquiry (as a consequence of widespread student discontent that led to street demonstrations); a major sociological and futuristic study of the profession and of university studies has attempted to stimulate a major shift in the intellectual orientations of legal education to ready us for the year 2000; the loss by the Quebec legal professions of lawyers and notaries of substantial power to the profit of a government agency regulating all professions in …

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The Faculty Of Law, University Of British Columbia, 1970-1981, A. J. Mcclean Jan 1984

The Faculty Of Law, University Of British Columbia, 1970-1981, A. J. Mcclean

Dalhousie Law Journal

The period from 1957 to 1970 was from any perspective a period of rapid expansion and development in Canadian legal education. The years from 1970 until 1981 were by contrast a time of consolidation. In part that flowed almost naturally from the hectic pace of the 1960s; in part it flowed from financial restraints which became increasingly stringent in the latter half of the decade.' Not surprisingly the experience of the Faculty of Law at the University of British Columbia reflects, in varying degrees, the national pattern.

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Public Education In Nova Scotia: Legal Rights, Fleeting Privileges Or Political Rhetoric?, A. Wayne Mackay Jan 1984

Public Education In Nova Scotia: Legal Rights, Fleeting Privileges Or Political Rhetoric?, A. Wayne Mackay

Dalhousie Law Journal

A truly democratic and egalitarian society cannot exist without a broadly based public education. Nova Scotia has an enviable record in the field of education as a leader and innovator in the development of both the public schools and post secondary institutions. The Scots, who have always valued educating their young, implanted this same value in Nova Scotian soil. Other groups have also followed the Scottish lead in educational matters. Even in difficult economic times, which came frequently to Nova Scotia, education has not been sacrificed on the altar of economic restraint. In the 1980's education does not appear to …

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