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Judging education: implications of the Canadian Charter of Rights and Freedoms

This chapter outlines the recent developments in the relationship between education and law in Canada as a result of the introduction of the Canadian Charter of Rights and Freedoms. The charter has given rise to human rights challenges in education (in terms of freedom of religion and speech, legal rights, equality rights, minority language rights and separate schools) and has resulted in changes within schools and school systems. Black-Branch categorises these changes under three mains headings: judicial changes, symbolic changes and de facto changes. He concludes by claiming that the Canadian judiciary is making liberal rulings to change the education system to accommodate minority educational provisions but remains conservative in other rulings that uphold state control over education. The Charter, he argues, has become a powerful tool for changing education, but only where there is political support.

This chapter outlines the recent developments in the relationship between education and law in Canada as a result of the ...  Show Full Abstract  

Authors: Black-Branch, Jonathan L.
Date: 1998
Geographic subjects: North America; Canada
Resource type: Book chapter
Series name: Oxford studies in comparative education
Subjects: Demographics; Equity; Governance;

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