Unit 4
Teachers and the Duty of Care

Overview

This unit discusses the teacher’s duty of care, which is imposed under two categories: First, under statutory law, that is, provincial legislation, and second, under the law of torts (civil wrongs), that is, “negligence.” There are major differences between criminal law and civil law. This unit only examines the civil law of liability.

One of the legacies of the in loco parentis principle is that teachers should adopt a parental role toward their students. In other words, they must undertake to achieve a certain standard of care. A failure to do so that causes loss, damage, or injury can result in teacher or school board liability, which may lead to civil remedies such as monetary compensation to the injured person.

Thus, the courts have set down the legal boundaries of the teachers’ and schools’ standard of care, which are the subject of this unit.

Objectives

After completing this unit, you should be able to

  1. define the reasonable standard of care by, and duty of supervision expected from, teachers and schools.
  2. describe the legal and ethical responsibility of teachers in unusual activities and risky situations.
  3. describe the legal and ethical duty of supervision by teachers in extracurricular or after-class activities.
  4. outline the basic principles of vicarious liability and occupiers’ liability.
  5. determine if the tort of educational malpractice exists, or should exist, in Canada.
  6. discuss the schools’ and teachers’ ethical responsibility to eliminate bullying in schools, and the school boards’ liability for bullying.
  7. discuss the school boards’ liability for bullying in a school with reference to the Jubran case.
  8. describe the First Nations’ claims of suffering and sexual abuse with respect to past school practices, and the courts’ recognition of the federal government’s negligence.
  9. describe the Supreme Court of Canada’s (2005) case that deals with residential school negligence.
  10. list the actions a teacher should take when an accident happens in the school.
  11. discuss the 2005 BC Court of Appeal case on the subject of negligence.
  12. describe how teachers can protect their reputation and good name using the 2006 BC Supreme Court case as a reference.
Top