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THE HISTORICAL AND CONSTITUTIONAL CONTEXT OF EDUCATION
Canada and Saskatchewan
PERSPECTIVES ON EDUCATION IN CANADA
Educational issues are boring/non-political
Education is political – the founding of Canada, entry of Saskatchewan and Alberta into Confederation, the last Ontario election.
Education is a battleground for major social issues including religion, family life education, creationism, gay rights, etc.
PERSPECTIVES ON EDUCATION IN CANADA
Quality Publicly Funded Education
Canada funds quality public education
More typical – poorly funded public schools (Mexico) or limited access (China – 30% of students have no access to secondary education)
Wealthy attend superior privately funded schools
PERSPECTIVES ON EDUCATION IN CANADA
Role of Religion in Education
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)
Result – more Private Schools in other countries
PERSPECTIVES ON EDUCATION IN CANADA
Education a Provincial responsibility
Education is usually a National 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
AMERICAN REVOLUTION AND IMPLICATIONS
American Loyalists – flee USA and settle in British North America (Canada)
Loyalist Culture and Values Impact – respect for authority, commitment to British crown and culture
Mixed Values in Education: control by church (English) vs democratic & egalitarian control (USA)
Canada – not like the USA
AMERICAN REVOLUTION AND IMPLICATIONS
British leery of democracy Close relationship between
Church and State Rebellions in Upper (Ont) &
Lower (Que) Canada in 1837 Lord Durham investigates Sweeping changes
recommended: Combine the two colonies
under one Governor Educational changes –
provision for minority faith schools (Catholic/Protestant)
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 MANITOBA SCHOOL QUESTION: POLITICS OVER PRINCIPLE
Roman Catholic, Francophone and Metis – provision for minority faith education
Dual Confessional Model (control of Roman Catholic system separate from provincial government)
Settlement of Manitoba by English speaking settlers
Concern that new immigrants – Ukrainian, etc. – learn English language and culture
Manitoba government removes minority faith protection
THE MANITOBA SCHOOL QUESTION: POLITICS OVER PRINCIPLE
Manitoba’s Roman Catholics appeal to Canadian government
Conservative Prime Minister Mackenzie Bowell (from Ontario) supports their claim
Opposition leader Wilfred Laurier, Quebec Francophone, supports Manitoba provincial government
Laurier wins the General Election
Loss of Minority Faith Rights
SASKATCHEWAN & ALBERTA JOIN THE CANADIAN FEDERATION
Dual Confessional Model (control of Roman Catholic system separate from provincial government) in the North West Territories (NWT) – 1885
NWT Assembly moves to Ontario Model (non-sectarian state school system with minority faith schools) – 1892
1905 – debate over admission of Saskatchewan and Alberta
Prime Minister Laurier proposes return to Dual Confessional Model – 1885
Roman Catholic Church and Quebec unhappy – Manitoba School Question
SASKATCHEWAN & ALBERTA JOIN THE CANADIAN FEDERATION
Major crisis – Clifford Sifton, NWT MP, and prominent member of Laurier’s Cabinet, resigns
Longest debate in the House of Commons – third longest in history of Canadian Parliament
Prime Minister Laurier relents – adopts non-sectarian state school system with minority faith schools already in place
Current system – provincial Ministry of Education and minority faith schools (Regina Public and Regina Catholic)
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
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
Recommended