Education

A Sliding Scale: Minority Language Educational Rights Upheld in Conseil scolaire francophone de la Colombie-Britannique v British Columbia

In June 2020, the Supreme Court of Canada (“the Court”) released a groundbreaking judgment in support of minority language rights. By adopting a broader interpretation of section 23 of the Charter, which guarantees educational rights to English and French linguistic minority populations across Canada, the Court unequivocally affirms that minority language students must receive educational […]

A Web of Instinct: Kahkewistahaw First Nation v Taypotat

Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]

Student-plaintiffs and the Leave to Amend in Mortazavi v University of Toronto

In this case, self-represented students sued the University of Toronto after they were expelled as a result of several failing grades and a series of deferrals to care for an ailing parent abroad. They sought damages arising out of breach of contract and breach of the duty of care.  

Loyola High School v Courchesne: Can private denominational schools seek immunity from state-mandated courses on ethics, morality, and religion?

The presence of God in schools has been the subject of much controversy; specifically, over the past decade, Quebec has undergone a process of secularizing its education system.  In 1997, an amendment was made to the Constitution Act, 1867, which only took effect in Quebec. This amendment removed constitutional protection for denominational education in public […]

Turner v York University: Final Round of Legal Battles?

Talking to York University students these days, the 2008-2009 strike seems like a distant memory. Four years ago, however, the strike was all that they were talking about. It was the longest faculty strike in Canadian university history. All in all, starting November 2008, over 50,000 students were locked out and over 3,000 teaching assistants […]

Part II: Taking Your Law School To Court

What makes a law professor, someone perched atop the legal profession, publish a blog titled ‘Inside The Law School Scam’? That is the question many have asked Prof. Paul Campos from the University of Colorado Law School. His blog has grown in popularity in the past few months as more and more students turned on […]

Part I: Taking Your Law School To Court

As is the case with many, if not most, law students, my list of woes about law school seems unending. First, we complained loudly about writing the LSAT. (Way to take the fun out of “games” in the logic games section of the test.) For those who passed all the hurdles and gained a seat […]

Amici Curiae: Anti-Bullying & Bill 13, SlutWalk's Second Year, and the Dewey & LeBoeuf Bankruptcy

Unholy Alliances? Gay-Straight Clubs, Catholic Opposition and Ontario’s Anti-Bullying Bill 13 The Canadian media has been awash with reports of support and opposition since the Ontario Minister of Education, Lauren Broten, announced the provincial government’s stance on certain amendments to the existing Education Act on May 25, 2012. Officially called the Accepting Schools Act (“ASA”), […]

Delineating the Charter’s Scope in Pridgen v University of Calgary

Section 32 of the Canadian Charter of Rights and Freedoms limits the Charter’s application to the activities of the Federal government and Parliament, and the government’s of each province. While the purpose of this provision is to clearly limit the scope of the Charter’s application, as in many areas of law, what initially appears to […]

SL c Commission Scolaire des Chênes: The Supreme Court Refuses to be Drawn into the Fray

Previously on TheCourt.ca: Ajit Singh's introductory piece on the appellate level decision and Christopher Hunter's view on the Supreme Court's decision in S.L., et al. v. Commission scolaire des Chênes, et al, 2012 SCC 7. In Canada today, one would not be surprised to hear a modern parent exclaim, “I don’t want the school system shoving […]