Alarming Erosion of Ontario’s School System by the Ministry of Education, Part Two | marvin zucker

” style=”margin: 5px 15px 0 0px; border: 1px solid #999; width: 150px;”/>
marvin zucker

Each person has the ability to make a meaningful difference, if they choose to…but each of us has even more opportunity, ability and capacity to do what many cannot. You have the power to provide resources, create programs, and change laws and policies that could bring about meaningful and lasting change, so that this generation and future generations do not experience what so many women, men and children live on a daily basis today.

The recognition that we share the pain of others is the foundation of empathy, and empathy goes a long way to creating a world without “us” or “them”. But that doesn’t go far enough; one can sympathize with the torment of another but still believe that it is “them”. Generally, education in North America falls under the jurisdiction of the states and provinces. In the United States, this distribution of powers is in application of the Tenth Amendment to the Constitution, which stipulates that “[t]The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are respectively reserved to the States or to the people. Because the Constitution does not list the regulation of education as a federal power, or prohibit state control, it is a domain reserved for the states.

In Canada, s. 93 of the Constitutional law, 1867 Provides that “[i]n and for each Province the Legislature can exclusively make Laws relating to Education” subject to certain Provisions relating to the establishment of Protestant and Roman Catholic Schools. However, exclusive state or provincial control is not an absolute rule in either country. In Canada, the same section of the Constitution Act of 1867 provides that an appeal may be made to the Governor General in Council (i.e. a petition to the federal cabinet for the preservation of the rights granted by this section) and that, if a relevant decision of the Governor General in Council n If not followed, the Parliament of Canada is authorized to pass such remedial laws as it deems appropriate. Additionally, the Canadian Charter of Rights and Freedoms reaffirms the primacy of the specific rights of Catholic and Protestant denominational, separate or dissentient schools (art. 29), and also recognizes the rights of the Francophone or Anglophone minority in a province to receive instruction in that language (art. 23).

In the United States, a federal Department of Education administers and coordinates federal education funding, collects data on schools, and enforces federal privacy and civil rights legislation affecting education.

The right of parents to direct their child’s education without undue government interference is enshrined in several instruments of international and constitutional law, including the following three. The Universal Declaration of Human RightsArticle 26, paragraph 3 states that “[p]Parents have a priority right to choose the type of education to be given to their children. Similarly, the European Convention on Human Rights, Article 2, states that “[n]o No one will be denied the right to education. In exercising its functions in education and teaching, the State respects the right of parents to provide such education and teaching in accordance with their own religious and philosophical convictions. In the United States, parents have a right to due process under the Fourteenth Amendment to the Constitution to enroll their children in approved private and parochial schools.

The public school system is often portrayed as an agent of the government and therefore an instrument of propaganda and social control. This impression, which is often backed up by simplistic comparisons with the goals of education systems in fascist and communist countries, is frequently used as an argument whenever someone makes a criticism of public schooling. While it is clear that the school curriculum is a contentious subject on which there will be varying opinions in society, it does not follow that schools are just a snake’s nest of propaganda whose sole purpose is to shape students into a government-approved standard framework. social model.

In the education systems of the western world, there is a dichotomy between state-funded public schools (commonly called state schools) and privately funded independent schools (called private schools). Generally, both meet the requirements of a legally recognized formal education and, while the former tend to be more closely regulated by the state than the latter, both generally follow a formal structure, with private schools having various equivalences with public schools. often to the point of following officially approved programs and their students receive government accreditation. For many, the possibility of sending their child to a private school represents an increased choice in terms of the education they give their child.

The social issues that cause a parent to distrust the public system may vary, but in the case of conservative Christians they will already include a negative perception of modern aspects of the secular public curriculum like progressive sex education and tolerance for culture. LGBTQA, who represent values ​​that contradict the teachings of their religious group.

In order to achieve their ideological goals for the education of their children to their perceived extent, many parents resort to home schooling or educational institutions that cater to their particular philosophies and ideologies. However, this last option is limited for many by the fact that private education must be financed by the family. The idea of ​​providing parents with public funds specifically for exercising the option of sending their children to private schools is seen by some as an appropriate remedy to this problem.

This is the second part of a four part series. Part One: Alarming Erosion of Ontario’s School System by the Ministry of Education.

Marvin Zuker was a judge of the Ontario Court of Justice, where he presided over small claims, family and criminal courts from 1978 until his retirement in 2016. He is an associate professor at the Institute of Ontario Education Studies/University of Toronto, where he teaches education law. Zuker has authored and co-authored numerous books and publications, including The law is not for women and The law is (not) for children.

The opinions expressed are those of the authors and do not necessarily reflect the views of the author’s firm, its clients, The Lawyer’s Daily, LexisNexis Canada or one of its respective affiliates. This article is for general informational purposes and is not intended to be and should not be considered legal advice.

Interested in writing for us? To learn more about how you can add your voice to The lawyer’s daily lifecontact editor Peter Carter at [email protected] or call 905-415-5811.

Comments are closed.