The Lighthouse of Equality: A Guide to Inclusive Schooling

Document Type

Book Chapter

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Constitutional Law, Charter of Rights and Freedoms from 1982 onward, Canada's public policy, Charter era courts


The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court.

The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.

In the Charter era courts have unprecedented influence on Canada's public policy. This chapter examines how this has played out in terms of the equality guarantee in s. 15 and the case for inclusive education.