ABSTRACT
Constitutional law, lawyers and courts may at first seem far removed from day-to-day life in Canadian schools. In fact, legal implications will inevitably impinge on educational policy and practice at every level, including: governance, administration and teaching. Section 32 of the Charter states that the Government of Canada, and the Governments of each province, must respect the rights and freedoms enlisted in the Charter. Judicial intervention was largely restricted to compliance with legislation governing education found in the various provincial Education Acts, and the regulations thereunder. With the advent of the Charter there comes a change to this long-standing tradition. Human rights laws enshrined in the Charter are superior to all federal and provincial statutes, including education statutes. There is no doubt that the Charter has encroached, on all levels of educational decision-making. The complexity of the Charter as a legal document often lends itself to problems of interpretation. Justifiable limits can be placed on rights and freedoms.
