Canadian Legal Issues in Education

NB: We do not resell your papers. Upon ordering, we do an original paper exclusively for you.

NB: All your data is kept safe from the public.

Table of Contents

Introduction
Canadian education system
Overview of students’ rights
Right to be involved in policy-making process
Right to free speech and expression
Rights of the native people
Conclusion
Reference list

Introduction

Students have a variety of rights to be enjoyed while they are in the learning institution. However, these rights have been comprised and students have to fight for them. In Canada, there are certain claims that students should fully enjoy their rights although this is yet to be incorporated into law. People argue that, they are specific rights that these students are entitled to but this is seen as mere words because they have not been institutionalized. By comparing Canada with the United States, we find that, in the last two or three decades, these countries have been fighting for students rights but Canada lags behind in their implementation.

There are many claims of students’ rights being implemented in Canada which seems suspicious because they have not been supported by law and are just founded on imaginary rights. Students have been denied their freedom of speech, freedom of assembly, the right to study in subjects of their choice, and the right to take part in structuring school guidelines. A claimed right can not be compared to a right that has received regal recognition (Magsino, 2010). In Canada, it is obvious that students do not enjoy their rights because their have not been recognized by the law nor made sanction. This paper will give an in-depth analysis of some of the rights that Canadian students have been denied but which they are entitled to. Its clear that students’ rights have not been recognized and any endeavor to validate them have been perplexed. Further, I emphasize on the discrimination faced by the first nation children in the education system.

Canadian education system

In Canada, the education system is quite different from that practiced in other nation. In some cases it may even differ from one province to another. When one is planning to transfer his/her children to Canadian schools, he must be prepared to adopt the education system. Because obviously it is deemed to affect the children’s learning. An academic year goes from September to June. School policies are made at the provincial level while funding and supervision takes place at the central level, territorial level, and national level. Education is normally administered in both French and English in order to give all children equal chances of learning. From the provincial level, schools are estranged into districts and then into school boards. It is in the school boards that local policies are made that must be in line with the curriculum from the provincial level (Anon. “The Canadian education system: an overview” 2010).

In Canada, there are ten provinces which are responsible for organizing as well as supervising education at the primary, secondary, and vocational levels because there is no central department in the education system. Unlike other nations were learning is monitored at the federal government, in Canada, all the responsibility of supervising learning as well as assessing students’ and teachers’ performance takes place in the provincial level. The provincial education system can be compared to the territorial system although they differ in their assessment, curriculum, and education policies.

Education starts at the kindergarten which takes in children as young as five years. From the kindergarten, children proceeds to the elementary school at the age of 6 to 12 years then move to the junior high school. Normally, elementary school includes six grades although it can be extended to eight grades. Junior high school acts as a transition stage where children move from the elementary school to the high school. After successful completion of the high school, students proceeds to the university or vocational schools (Townsend, 2010).

Although the central government has a legitimate role in promoting learning, it is the responsibility of the provinces and territorial government to ensure that learning goes on smoothly in their respective provinces. Foreign students who want to study in Canada can do so through the central department that deals with immigration issues as well as citizenships (Anon. “The Canadian education system: an overview” 2010). Foreign students are allowed to study at any level and in any subject although they have to comply with the entire requirements for them to be admitted. Information about eligibility is available on the web site organized by the Association of universities of Canada.

Overview of students’ rights

All students, not only in Canada, have a right to education. This right has been supported by many nations which have gone to the extent of providing free and compulsory primary education. Many children, who would not have made it in education due to lack of finances have benefited from these programs. Not to mention, many students form Africa especially sub-Saharan Africa are the ones who have benefited most because now they can be able to attend to leaning institution, a facility that they could not afford. In Canada, all students are assured of equal chances to education unlike before. For instance, pregnant students were not allowed to go to school but this has changed and they can now attend learning institutions of their choice (Canadian Education Association, 2010). The government has gone further to provide special schools for the physically disabled students for example, the deaf, blind and crippled. They are no longer denied their rights to education like before and they can even sue the government if they are not attended to. Religion has also been recognized and students are allowed to wear their religious symbols. However, this does not mean that, students can behave anyhow.

The administration has put strong disciplinary measures which legally punish any student who goes against the school rules. Punishable behaviors include resistance to authority, use of abusive language, or any kind of behavior that the administration may consider a violation of the schools norms (Anon. “Marketing to teens: A captive Audience? Students rights, students activism” 2000). Some serious punishment include suspension and expulsion, although, many school jurisdictions have granted students the right to sue their teachers if they feel that the punishment is far beyond the offence committed. In such cases, teachers are required by law to provide enough reasons for their actions. However, this is just a voluntary process allowed by the school jurisdiction.

Right to be involved in policy-making process

Students are still regarded as minors and are not allowed to exercise all their rights as adults do. For many years, students (especially those in public schools) have not been allowed to take part in the policy making decisions. However, many critics argue that, students should be involved in policy making because they are the ones who are directly affected by these policies. Denying them the right to contribute is the same as violating their rights. These critics argue that, it is in the school environment that the students get exposed to political awareness hence; they should be incorporated in making the school decisions. Through this they learn how schools operate and this might help them in future.

To respond to this plea, some schools in Canada have developed school advisory councils that include students’ leaders. For a long time, students have been demanding for their rights, for instance, the right to form student associations, and student political involvement although this has not been defined clearly nor is it understandable. By giving students the right to form students association, they are able to cultivate their leadership skills which might be of use in their future careers.

Right to free speech and expression

In the 1960s, students’ rights in both Canada and the United States were considerably extended as a result of protestation of students’ movement in both high schools and universities for their right of assembly, speech, and movement. High school students gained some limited rights regarding smoking and their personal manifestation. Students in many schools were allowed to form organizations where they could invite external speakers, and express their views and concerns. Even with this right, principles still follow the students and they can not form any assembly without being supervised.

In 2000, students from Meadowvale secondary school formed a small organization for protesting for their rights, to be precise, the right of expression, and the right to air their views regarding the education policy. However, their initiatives were not welcomed by the administration but resulted into conflicts. They continue to suffer in silence since they have been banned from forming any movements. Something needs to be done to the Canadian education system because it is going far beyond the expectation. With the freedom of speech, children can not be able to grow and all they will gain is theoretical knowledge. The education system has gone to the extent of forcing the students to take certain subject even if they are not relevant to their careers. This is nit only a violation of the student’s right to choice, but also a destruction of their careers.

Rights of the native people

The theme for the 10^th anniversary of Universal Declaration of Human Rights was “Dignity and justice for all”. UDHR is an international body that ensures that all people, irrespective of their race or ethnicity, enjoy their human rights. According to UDHR, human rights belong to everyone and should be enjoyed by all. During the ceremony it was noted that Canada denies its indigenous people some of their rights which is a violation of the core values of UDHR. The national chief of the congregation, Phil Fontaine, observed that, it was perplexing for a developed nation like Canada to oppress the indigenous people. Canada’s hostility against the rights of its native people was quite obvious during the assembly especially when the government refused to put its signature on the motion passed by UDHR in April (Pugliese, 2008). Children rights in Canada were compromised and the government had refused to look after their welfare and education.

Canada’s first nation children are not given the same rights are those in provincial schools. It was noted that the first nation children received $2,000 less annual funding than the other children. They also received 22% less financial support than the local agencies. This was noted by the national chief who described the funding program as discriminative since the government had failed to meet the needs and requirement of the first nation children. This was not only a violation of UDHR core values and principle, but also an example of the inefficiency that was evident in Canadians’ education system. The discrimination of these students extends even in their learning institutions were they are not given equal recognition as the local students. They are forced to take certain subjects which do not help them in their careers. Their have been denied the freedom of choice and seldom do they have a choice when it comes to dress codes, and appearance among other things. This is seen as a contradiction of the Canada government position which states that, Canadian human rights apply to all children (Pugliese, 2008). Other schools need to be set up and others repaired to provide enough learning environment for all children

The discrimination of the first nation children is just an example of the oppression that goes on in secondary schools and universities in Canada. Students have been fighting for their rights of expression but this has fallen into deaf ears. There are many claims that students have not been denied their rights although this seems more theoretical than what happens in practice. Students can not even hold meetings or form groups. All they are supposed to do is to comply with the school policies and its violation attracts serious punishments. There is an intensifying gap in the quality of education given to the first nation children in comparison to the Canadians. Canada is a nation where we would expect all people to be treated equally in all spheres of life although that is not the situation (Magsino, 2010).

Conclusion

In conclusion I would say that, everyone has the right to education. The right to education does not mean going to a learning institution but it means being able to enjoy all the rights available in learning institution. Canada has a very controversial education system that differs from other nations’. The education system is supervised in the provincial levels other than the federal level. The provincial level is separated into districts and then schools boards which make local policies. Other policies are made in the provincial level. For a long time, students in Canada have not being enjoying equal rights as those enjoyed by students in other nations (such as the United States). They have been denied the right to free speech and expression and can not even form students associations. In some provinces, students can not even choose the subject they want to specialize. They have to comply with the school’s policies and failure to do so attracts some punishments.

Some critics argue that, students should be involved in the policy making process. This is not the case in Canada where students are not allowed to contribute in making the schools policies. The education system should realize that, schools form the basis where students get their first awareness to political matters and thus they should be involved in the schools operations. Some provinces have responded to this and they now involve some members from the students’ body to take part in developing the school policies.

Reference list

Anon. (2000). Marketing to teens: A captive Audience? Students rights, students activism. Web.

Anon. (2010). The Canadian education system: an overview. Web.

Canadian Education Association (2010). Frequently asked questions about education in Canada. Web.

Magsino, R. F. (2010) Student rights in Canada: Nonsense upon stilts? Memorial university of Newfoundland. Web.

Pugliese K. (2008). Canada’s opposition to the human rights of indigenous people at UN conference on climate change is shameful says AFN National chief. Web.

Townsend, R. G. (2010). Students’ rights: Basic right to education. The Canadian encyclopedia. Web.

Click Here To Order Now!