Unit 2
Legal Structures and the Legal Context of Canadian Education

Overview

Unit 2 describes the historical background of, and explains the constitutional and legal framework relating to, education in Canada. Legal structures are the necessary elements within which education develops. Education law continues to play a major role in every educator’s functions, because the Canadian school system is based and organized on legal principles.

This unit begins with a thumbnail sketch of the historical developments of Canadian education law, including the pre-confederation period, the British North America Act 1867 (now called the Constitution), provincial controls, and First Nations education. An explanation of the legal process within which education functions is also provided. This explanation is further augmented by a description of the legal context of Canadian public education.

Objectives

After completing this unit, you should be able to

1. discuss the historical background of the present education law in Canada.
2. outline the basics of the Canadian legal system.
3. describe the constitutional and legal framework of Canadian education.
4. define the most important characteristics of education law.
5. describe the constitutionalization and legalization of education.
6. describe the role the federal government, the provincial governments, education boards, and parent councils play in the public school system.
7. explain the importance of the Canadian Charter of Rights and Freedoms in education.
8. describe the Canadian Courts’ expectations of the teaching profession.