Charter of Rights and Freedom in Educational Context
The Canadian Charter of Rights and Freedoms is relevant in developing sound policies on including learners with disabilities in Canada. It provides equal Section 15 protection and requires that no discrimination occur in schools. I concluded that having laws in the country is not enough. In my hosting, I will promote the implementation of the Charter’s provision in schools to demand equity for all students.
The Canadian Charter of Rights and Freedoms, which was enacted in 1982, is a constitutional charter that protects individuals from discrimination based on race, religion, disability, gender identity, and other individual characteristics (Government of Canada, 1982). In schools, the Charter matters because it guarantees students, educators, and school populations protection against discriminatory policies and practices. However, while present to uphold the rights, enforcement by the courts can be tardy, bureaucratic, and subject to judicial discretion (Hogg, 2018).
This course examined the intersection of human rights and education, as well as the Charter’s influence on inclusive education, equity, and anti-discrimination policy. One key takeaway was that there are solid legal rights under the Charter, yet there are still systemic inequities in education for marginalized and underrepresented groups (Boyd, 2019).
Key Charter Principles in Education:
Section 15 of the Charter provides equal protection and equal benefit of the law without discrimination (Government of Canada, 1982). In education, this means that students with disabilities, racialized students, and marginalized groups have the right to fair treatment, accommodation, and support services (Hogg, 2018).
Section 2: Freedom of Expression and Religion
Students and instructors are granted liberty to exercise their religion and cultural identity if not in violation of other individuals’ rights. Notable court rulings, such as Multani v. Commission scolaire Marguerite-Bourgeoys (2006), have laid down students’ religious accommodation rights in schools (Supreme Court of Canada, 2006).
Section 23: Minority Language Education Rights
This law provides Francophone and Anglophone minorities with the right to be educated in the language of their preference to ensure linguistic and cultural diversity in Canada (Hogg, 2018).
From my own education, I remember there were times when some students were discriminated against or failed to receive accommodations in spite of legal protections,Students with disabilities were occasionally denied assistive technologies, despite Section 15’s promise of equal access to education, and Racialized students continued to experience implicit biases in discipline measures, even though anti- discrimination policies grounded on the Charter existed (Boyd, 2019).These interactions also validated the fact that the enforcement and application of policies are as valuable as having legal protection.
The course has entrenched my understanding on the impact of the Canadian Charter of Rights and Freedoms on education. The Charter sets effective legal protection against discrimination, yet it depends on how these rights are applied and enforced within schools (Hogg, 2018).
Reference
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Hogg, W. (1990). Interpreting the Charter of Rights: Generosity and justification. Osgoode Hall Law Journal, 28(4), 817–838.
Boyd, D. R. (2019). The rights of children in Canada: A critical analysis of the Canadian Charter of Rights and Freedoms and its impact on children’s Canadian Journal of Children’s Rights, 6(1), 1– 25.
Multani v. Commission scolaire Marguerite-Bourgeoys, [2006] 1 S.C.R. 256, 2006 SCC 6. https:// decisions.scc-csc.ca/scc-csc/scc-csc/en/item/15/index.do