What year did the Charter of Rights and Freedoms come into existence?
1982
The charter applies to
public and private schools.
The concept of _________ permeates the Charter
Reasonableness
Teachers and school administrators have a ____________ duty to maintain order and discipline in the school
Statutory (Legal)
Natural [fundamental] justice
[giving] persons specifically affected by the decision a reasonable opportunity of presenting their case, [being listened] to fairly and [having a decision reached] untainted by bias”
At all times and especially so in disciplinary matters students should be treated with ______ and _______
Dignity and Respect
The Charter is having a ____________ ___________ on education
Nationalizing Influence. Education is a provincial responsibility and therefore, the charter of rights, a federal element, permeates into the provincial level education.
Why doesn’t treating everyone equally always result in equality?
Because not everyone is equal. A disabled student needs more care than an able student, a young student needs more care than an old student,
Terms for treating a children fairly
due process, procedural fairness, and natural/fundamental justice
Litigious:
people will sue you
Section 43 of the criminal code of Canada does condone the use of
corporal punishment
Any force applied against a child must be only
“minor corrective force of a transitory and trifling nature:
________ and ___________ are operative words for teachers and school administrators in their dealings and interactions with students.

Common sense and reasonableness
Negligence
Omission – not doing something you should haveComission, doing something you shouldn’t have.
Contributory Negligence
Both accused and victim pay towards the money set down by the courts,
Deference
Prior to 1982, the judges left the running of schools to teachers and administrators.
The 4 elements of negligence are…
1.

Duty of care2. Level of Care3. Causal Proximity/Breach of Duty of Care4. Loss/Injury