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