Noah Sarna on the issues, cases and events of interest to British Columbia's educational community
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Quebec to reform language education law deemed unconstitutional by top court
January 11, 2021 - 10:30 am
Tags: Canadian Charter of Rights and Freedoms, Charter of the French Language, education law, language laws, language of instruction, language rights, Quebec, Supreme Court of Canada
Posted in News | No comments
Quebec’s Liberal government plans to reintroduce legislation to replace Bill 104, which the Supreme Court of Canada ruled over the summer was unconstitutional. This marks the beginning of another chapter in the ongoing drama surrounding the language of instruction debate in Quebec.
As a very brief history, the linguistic legal battles in Quebec began around the [...]
E-textbooks introduce a new intellectual property relationship for universities
January 6, 2021 - 10:08 am
Tags: digital, e-textbooks, education law, intellectual property
Posted in Commentary | No comments
When I started my undergraduate degree in 1998, seeing a laptop in class was an anomoly. By the time I finished law school eight years later, I heard professors complain about never seeing their students’ faces and identifying the active students by the brand of their computer.
No more pencils. No more papers. Years of education [...]
The Duty to Accommodate: Happy to work on Christmas, but not on Yom Kippur
December 24, 2009 - 3:49 pm
Tags: discrimination, education law, employee, employer, employment law, minorities, non-Western Christians, Quebec, religious, Supreme Court of Canada
Posted in Commentary | 1 comment
The culture of Christmas in Canada is pervasive. It is the highlight of the year for many Canadians, when work ceases for a day and families reunite. Every provincial government has designated it as a statutory holiday, allowing Western Christians the ability to participate fully in their religious experience without any expectation of professional achievement.
But, for [...]
British Supreme Court Finds Admission Policy in Jewish Private School Illegal
December 21, 2009 - 12:23 am
Tags: discrimination, education law, england, ethnicity, judaism, orthodoxy, public funding, racism, religion, supreme court
Posted in News | No comments
The highest court in England last week weighed in on the admission policy of a private Jewish day school (“JFS”) in London. Here is the coverage by the New York Times. The decision maintained that giving a yea or nay to a child based on their heredity rather than religious practice violates the country’s discrimination [...]
Teachers selling coursework raises questions about ownership of intellectual property
December 5, 2009 - 10:54 pm
Tags: contracts, copyright, education law, elementary, employment, high school, school boards, teachers
Posted in Commentary, News | 1 comment
The Ottawa Citizen ran an editorial last week – which it cherry-picked from a related article in the New York Times – lamenting the rise of an online marketplace for teacher’s course materials. According to the Citizen, through sites like Teachers Pay Teachers and We Are Teachers teachers “sell each other all kinds of projects, [...]
UBC Celebrates Legal Victory in Prolonged Discrimination Claim
December 1, 2009 - 11:14 pm
Tags: court of appeal, discrimination, education law, good faith, religion, students, ubc
Posted in News | 2 comments
The storm of controversy and commentary surrounding Cynthia Maughan, the UBC student who alleged discrimination by the university and several professors on the basis of her Christian beliefs, reached what many think is an ultimate conclusion a couple of weeks ago. The BC Court of Appeal for British Columbia released its decision in Maughan v. University of British Columbia et al, [...]
A real education for the real world
November 23, 2009 - 9:59 pm
Tags: concordia, education law, university
Posted in Commentary | No comments
My interest in law, specifically in education law, began in what seemed like a lawless place.
Ten years ago, I started my undergraduate degree at Concordia University. At the time, I was a shy, unassuming kid with no idea that I would become part of a handful of students on the front lines of one of the most shocking, [...]
Choosing the right forum is half the battle
Gone are the days when getting justice in your dispute meant you had to face the regular court system. Now, it seems like everybody is a judge of something and quasi-judicial entities abound. Organizations have internal panels to handle complaints. Administrative agencies have specialized tribunals to deal with industry-specific issues. Courts appreciate the wisdom of a less expensive and uniquely-oriented body having first crack at an issue that can only reach a judge on appeal.
In the educational context, the common first move in court by counsel for institutions is to argue the dispute should not be heard by the court; that is, the court should decline to exercise its jurisdiction in this matter because it is more properly dealt with elsewhere. Where a dispute has already been heard before a specialized tribunal (e.g. a university senate committee), courts will defer largely to that tribunal’s judgment.
Many of the issues that arise within education law involve an apparent overlap in jurisdiction between several adjudicative bodies. Several recent judgments show courts declining jurisdiction when they determine the core of a dispute to lie within the jurisdiction of another body:
In both Jaffer and Abrams the claims by the plaintiffs involved elements that were within the jurisdiction of the courts, but upon scrutiny in each case the courts determined that they were more properly dealt with by other bodies.
To reduce legal fees and proceed quickly, parties to disputes within the world of education must make sure their claims are brought before the right adjudicator.
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