The Historical and Constitutional Context of Education

1. Canada and Saskatchewan The Historical and Constitutional Context of Education

2. 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

3. 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

4. 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

5. 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 Perspectives on education in canada

6. 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 Four Cultural traditions

7. 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

8. 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

9. 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)

10. 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

11. B.N.A Act, 1867 (Constitution Act, 1982) Section 91 Parliament of Canada Criminal Law “Indians” Armed Forces Divorce etc. (residual powers) Section 92 Provincial Legislatures Administration of Justice Property and Civil Rights Hospitals etc. Section 93 Education Provinces exclusively make laws Denominational Rights Remedial Power of Parliament of Canada Education Act and Regulations

12. 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

13. 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

14. 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

15. 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)

16. 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

17. HIERARCHY OF LEGAL CONTROL OVER EDUCATIONAL POLICY AND PRACTISE CONSTITUTION ACT Especially Section 93 & Canadian Charter of Rights & Freedoms STATUTES Education Act Saskatchewan Teachers’ Federation Act Saskatchewan Human Rights Code Criminal Code of Canada Youth Criminal Justice Act REGULATIONS Education Act, Section 372 (1) (eg. The Education Regulations, 1986; The Teacher Certification and Classification Regulations, etc.) COMMON LAW (eg. Precedent – R v. Oakes, etc.; & principle – in loco parentis, etc.) RULES & POLICIES