Chapter 2 Statute Law 1st reading, 2nd reading, etc. OCT act Criminal code Youth Criminal Justice Act Controlled Drug and Substance act Education statutes and regulations of Ontario and consolidated Ontario Ed. Stats and regulations Constitutional Law BNA ACT Statute of Westminster Constitution is now BNA CCRF Freedom of conscience and religion Thought and belief Was how the student was able to get out of dog search International vs domestic Domestic substantive law a)public law b)private law Public a) Constitutional b) Criminal c) Administrative Private Law aka civil law Individual vs organization Standard of proof is “balance of probabilities” Tort law Employment law Collective agreements Education Law Refers broadly to wide range of laws that apply to students, teachers, school Teachers are held to higher standard Purpose of law and education law within constitutional framework Case Study Dog breach Principal gave open permission to police even though no drugs were reported 10 bags of weed 10 bags of mushrooms Lower court unreasonable search Violated constitutional rights under Canadian charter of rights and freedom “Entire student body, held in detention and warrantless random search” Crown appealed decision brought to supreme court of Canada, decision upheld Police acted unreasonable -criminal became victim due to Canadian charter of rights and freedom which protect citizens against citizens and unfair state representatives Purpose of LAW Maintain order Individual actions are bound by laws to protect everyone’s rights/freedom and safe from crime Laws apply equally to everyone and can’t be changed interpreted by those in authority Laws and Morality Many laws are Judaeo-Christian based Canadian charters and rights and freedom “Canada is founded upon principles that recognize the supremacy of God and the rule of law” Diversity is different now , same sex marriage Canada legal tradition 3 different legal traditions a) Common law b) Statute law c) Constitutional law Common Law Based from medieval Europe Serfs worked on lords property Lords property Monarchs own the land Monarchs appointed the judges to travel The judges would meet to establish law and punishment in criminal and civil cass which led to “common law” also known as precedence Common law based on precedent and systemically documented and brought over and now a part of Canadian/American laws Common law is also known as case law Statute Law Most laws are now made by elective representatives a) First reading b) Second reading c) Committee stage d) 3rd reading e) Signed by the lieutenant governor of Ontario “Criminal code is amended frequently “criminal offense sentences for crime and court procedures” -emerged from common law Laws such as YCJA, CDSA outline offenses Studying Statutes Regulation can be amended easier Constitutional Law “Constitution is a body of law dealing with the division of powers between levels of government and the relationship between a government and its people” 1) BNA act is our first constitution 2) Statute of Westminster 3) Constitution Act Powers of Federal vs Provincial section 93 First nation is still federal MOE has overarching control Provincial due to language/religion CCRF Most important part of the constitution act , 1982 4 rights (p.41) Nothing in the charter may interfere with denominational rights Rights in charter are more significant than common/statute law Can protest to courts if rights are infringed ex. Dog search The charter like others is at interpretation of judges Since school is important in Ontario court cases have changed our rights and freedom Works way through court system, supreme court is final say and quite a bit of information is already expressed p.43 Supreme court have to interpret law and make law (abortion) ex. P43 “Studying these cases is worth the effect because they define the society in which we live and the schools in which we work” Categories of Law International Law -treaty law and other laws written by UN -Do not apply to education in Canada Domestic Law Govern life within nation’s borders Domestic Law is broken into a) Procedural b) Substantive law Procedural -legal processes that are followed in order to protect individuals’ rights given under substantive law Substantive a) Public law b) Private law Public =government vs people of society Public Law -Divided into constitutional law, criminal law and administrative law Criminal Law -Defines crime and the penalties with the crime -Criminals are charges by the crown attorney -guilt must be proved beyond reasonable doubt Administrative Law Relationships between citizens and government agencies Impact Ministry of Education, school board and oct Private Law Relation between individuals and organizations “Manage behaviours of people and organizations conflict and those who were wronged” No crown attorney Plaintiff vs defendant Civil law are divided into a) Tort law b) Contract c) Family d) Wills/estate e) Property f) Employment Tort law and employment are most relevant for educators Tort law=sue individual/organization for wrong commitment whether intentional or not could also be lawsuit by injury due to negligence Employment law Employee vs employer Educational LAW Laws applying to student, teacher, school boards Ex. Education act, oct act teaching profession act Teachers are responsible for care of children they are held to higher standard of care than other citizens Teachers must be cognisant of privacy law, family, law and criminal law Education System Stakeholder model is framework to describe relationships both inside and outside education and the other organizations Ontario MOE Basis for publicly funded schools Ed act establishes rules for boards and how schools are run Creates policies guidelines for trustee’s director and principal and school board officials MOE is elected member and appointed of cabinet Responsible for public policy and political direction Deputy minister is appointed official responsible for day-to-day operations of ministry MOE creates curic. Documents ossd requirements Controls funding, discipline teacher, principals Create eqao School Boards Ed. Policy is set at the provincial level Running schools is elected boards 72 boards Creates geographic boundaries Has a director of ed Day to day operations Including implement provincial and board policies and submit annual report Covered by taxes and grants MOE can take over if board does not follow proper rules Such as balancing operating budget Can now do reviews and do improvements School Trustee Represent of public who are responsible for educational policy and governance Student trustee Voice at school board level Admin School budget Safety Hire teachers Community Parents neighbours agencies and business Speed limits, lit school yard Rent gyms Ymca day care FN Federal and FN groups M AAND fund till grade 12 and financial aid for grade 12+ 2 billion for k-12 For 115, 000 students Little funding for spec ed 2014 FN act Ontario MOE a) Close the gap in literacy/numeracy b) Increase retention and grad
