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The adopted Charter was conceived as a source of national values and national unity. According to Professor Alan Cairns, “the original intent of the federal government was the development of Canada-wide identity.” Canada can continue to be a society where all are equal and share certain fundamental values, based on the principle of freedom, and all Canadians can feel the value of freedom and equality.
The Ontario Divisional Court, in a 2-to-1 decision, upheld the constitutionality of the legislation and Regulations. On appeal to the Ontario Court of Appeal, the legislation was ruled to be unconstitutional. In some cases, in reaching the decisions, the Court reviewed the historical background of religion in public schools. The Court decided that Section 28 (1) of the Regulations does infringe freedom of conscience and religion as guaranteed under Section 2 (a) of the Charter of Rights and Freedoms. The Court also described the comments that the religious exercises may be good for minority pupils as an insensitive approach that “not only deprecates the position of religious minorities but also fails to take into account the feelings of young children.” A review of American decisions on this issue show that first, the absence of an establishment clause in Section 2(a) does not limit the protection that it gives to freedom of conscience and religion, and second, the compulsion on students to conform and not exercise the right of exemption is a real restraint on the freedom of conscience and religion guaranteed by the Charter. As a consequence, the exercises are intended to serve religious and not secular purposes. The Charter infringement is incapable of justification under Section 1 of the Charter. As a fact, schools must preserve discipline and
maximize the safety of students and staff while guarding and maintaining religious freedom. The article on Kirpans includes the facts that the decision of the Ontario Board of Inquiry is in line with the previous Alberta decision on the same topic. The mere risk of danger to students, teachers, and staff ins schools by the wearing of a kirpan by a Khalsa Sikh student is not enough to justify overriding of the Khalsa Sikh student’s freedom or religion. The evidence that was available for the Ontario Board of Inquiry hearing was such that a real possibility of violence and risk was not established.
For questions relating to the Charter, the courts can be accessed in various ways. Some applicants may then be prosecuted under the law, which they considered unconstitutional. Others may feel that services and government policies are not applied in accordance with the Charter and requested publication of regulations against the government of First Instance. The Government can also raise the question of law, putting it in front of relevant courts. Courts and the laws of Canada respect religious, cultural and racial diversity and commonalty in Canada’s schools, although there is a different approach for each case.
In the Canadian Charter there is nothing told, at least, it is clear about the socio-economic rights. On this issue, it is very different from the Quebec Charter of Rights and Freedoms and the International Covenant on economic, social and cultural rights. Some believe that economic rights should follow from Article 7, that guarantees the right to security of person, and Article 15, which guarantees the right to equality, if you consider the Charter more like a pact. Argument is that economic rights are associated with an acceptable level of life and may contribute to the development of political rights under favorable conditions. Canadian courts, however, vary on this issue, arguing that economic rights are the question of political property, and that the positive law of the legitimacy of economic rights may be questioned. As a fact, Phelan, Davidson and Cao suggested that culture should be conceptualized as the “norms, values, beliefs, expectations, and conventional actions” of a group. This current definition will guide the exploration of cultural border crossing and collateral learning in education.
Canada has been considered one of the world’s best countries by level of education for a long period of time. There are many reasons for this, and one of the principal – the government at the highest level of funding education and everything connected with it.
Although, there are some disadvantages in educational system in Canada, as it is rather decentralized and the country lacks a central government body responsible for monitoring and / or dictate rules and standards regarding education in the country. Instead, education is the responsibility of the provinces and territories of Canada. Schooling is compulsory in all provinces / territories, which contributes to a literacy rate of more 99%. In most subdivisions, English is the language most commonly used. Each school, depending on the surrounding community, may establish other languages to be used as a primary school. For example, French is widely used in schools located in small francophone communities in Western Canada (where the vast majority of the population is Anglophone). However, French is the only language that can be used as primary language in schools in Quebec, except in some Anglophone community in Montreal. The schools in Canada are generally administered by school districts whose jurisdiction is generally coexistent with the boundaries of one city or another administrative entity. School districts have the power to levy taxes of residents living within its jurisdiction. Additional funds may be provided by the province. Universities and community colleges in general are administered by the province / territory in which they are located.