Kara Sears
Education law in Canada is a complex and multi-faceted area, with power shared between provincial and federal governments. The Constitution Act, 1867, grants provincial governments exclusive jurisdiction over education, with the responsibility to fund, legislate, regulate, and coordinate the education system. This includes the authority to enact laws governing education, such as education statutes and regulations, while ensuring compliance with the Canadian Charter of Rights and Freedoms. Each province runs its own school system, with the curriculum overseen by the respective province, resulting in variations across the country. The mandatory education age in Canada ranges from 5 to 18 years old, with a focus on publicly funded education. The country's top universities, such as the University of Toronto, offer a range of degree programs, contributing to Canada's high educational attainment rates.
| Characteristics | Values |
|---|---|
| Political and law-making power | Shared by provincial and federal governments |
| Education law sources | Education statutes, regulations, ministry guidelines, policies, procedures, protocols, by-laws, and common law or case law |
| Federal legislation | Youth Criminal Justice Act (YCJA), Criminal Code, Divorce Act |
| Provincial legislation | Human Rights Code, Occupational Health and Safety Act, Labour Relations Act, Child and Family Services |
| Supreme law | The Constitution Act, 1982 |
| Provincial jurisdiction | Exclusive right to make laws governing education (Section 93 of the Constitution Act, 1867) |
| Religious and language-based schools | Protected by the Constitution and the Canadian Charter of Rights and Freedoms |
| Parental responsibility | Ensure children are enrolled in and attend school |
| Schooling options | Publicly funded religious-based and language-based school systems |
| University degrees | Bachelor's, Master's, professional, and doctoral degrees |
| Vocational institutions | Diplomas, associate degrees, certificates, and apprenticeships |
| Mandatory education age | Ranges from 5-7 to 16-18 years |
| Literacy rate | 99% adult literacy rate |
| Homeschooling | Over 60,000 homeschooled children as of 2016 |
| International ranking | Top-ranked country in the percentage of adults with tertiary education |
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What You'll Learn
Provincial governments and education
Education in Canada is mostly provided by the public and is overseen by federal, provincial, and local governments. However, the responsibility for education falls under provincial jurisdiction, and each province has its own department of education. The curriculum is also overseen by each province, and the length of study varies depending on the province. Section 93 of the Constitution Act, 1867, gives provincial governments exclusive jurisdiction to make laws governing education. This includes the power to fund, legislate, regulate, and coordinate education.
Provincial governments decide the role and responsibilities of school boards, including their funding sources and local autonomy. School boards are generally governed by democratically elected trustees, who work with communities and provincial governments to build a universally accessible and publicly funded education system. Governing school boards may also be granted the power to levy and collect local property taxes, giving them more control over how education funds are spent in their communities.
Each province has its own legislative acts that oversee private career colleges. Universities in Canada have degree-granting authority through an Act or Ministerial Consent from the Ministry of Education of their province. Tertiary and post-secondary education is also the responsibility of individual provinces and territories, which provide the majority of funding to their public post-secondary institutions.
The way educational stages are grouped and named can differ between provinces, districts, and even individual schools. For example, kindergarten programs in the Northwest Territories, Nova Scotia, Ontario, and Quebec consist of two years, with the first year open to four-year-olds. In contrast, most other provinces start kindergarten at age five.
While the federal government's responsibilities in education are limited to specific areas, such as the Canadian Military Colleges and funding the education of indigenous peoples, provincial governments have the primary role in funding and governing education in Canada.
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Federal legislation and education
In Canada, political and law-making powers are shared by the provincial and federal levels of government, as set out in the Constitution. Section 93 of the Constitution Act, 1867 gives provincial governments exclusive jurisdiction to make laws governing education. There is no federal department of education in Canada. Provincial governments are directly responsible for funding, legislating, regulating, and coordinating education.
The Constitution Act, 1982 is the supreme law in Canada. All other provincial and federal laws must be consistent with the Constitution or they may be struck down. All education laws passed by the province must also be consistent with the Constitution. The Canadian Charter of Rights and Freedoms, 1982 (section 29) recognizes specific rights of denominational (religious), separate or dissentient schools. It also protects the right to a minority language education (section 23).
At both the federal and provincial levels, there are other areas of law that intersect with education. Among these are federal legislation such as the Youth Criminal Justice Act (YCJA), which defines a "young person" as someone who is or appears to be 12 or older but is younger than 18. The preamble of the YCJA recognizes society's "responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood". Other federal legislation includes the Criminal Code, and the Divorce Act.
The federal government's responsibilities in education are limited to the Canadian Military Colleges, the Canadian Coast Guard College, and funding the education of indigenous peoples. All other matters of education in Canada fall under provincial responsibility.
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Child welfare law
Education law in Canada is governed by both provincial and federal legislation. Section 93 of the Constitution Act, 1867 gives provincial governments the power to make laws governing education, including funding, legislating, regulating, and coordinating education. While each province and territory runs its own school system, parents are legally responsible for ensuring their children receive an education.
In Canada, there is a particular focus on the welfare of Indigenous children, with specific legislation addressing their unique needs. The Act respecting First Nations, Inuit, and Métis children, youth, and families affirms the inherent right of self-government of Indigenous peoples and includes jurisdiction related to child and family services. This legislation ensures that child and family services provided to Indigenous children take into account their cultural and community needs, as well as their physical, emotional, and psychological well-being.
Additionally, the Canadian government has recognized the importance of addressing child maltreatment through various initiatives. The Public Health Agency of Canada (PHAC) has been involved in child maltreatment surveillance, collaborating with provincial and territorial partners to collect, analyze, and interpret data. The Family Violence Initiative at the federal level brings together multiple departments to prevent and address family violence, including child maltreatment. These efforts aim to develop effective policies and interventions to protect children and promote their welfare.
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Education and the Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982, and was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982. The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights.
The Charter has been the source of change, progress, and the affirmation of Canadian society's values. Canadian courts have rendered hundreds of decisions in which they apply the Charter to bring Canadian laws into line with the principles and values of Canadian society. For example, with respect to language rights, the Charter has reinforced the rights of official language minorities. With regard to equality rights, the Charter has led to the recognition and enforcement of the rights of a number of minority and disadvantaged groups.
Several sections of the Charter have particular relevance to education. Section 2 guarantees all Canadians freedom of religion, belief, assembly, and association. However, these rights are quite restricted in schools. Students are subject to dress or conduct codes that limit their freedom of expression and assembly. A second area of the Charter that may have important consequences for schools concerns the provisions in Sections 7 and 11 regarding natural justice. School discipline practices frequently appear to violate principles of natural justice.
Section 23 of the Charter is particularly relevant to education. It protects minority language education rights. This section provides that parents who speak the minority official language in their province (i.e. French or English) have specific but limited rights to public school education for their children in that language. Section 23 has the purpose of providing continuity in minority language education rights, ensuring family unity, and accommodating mobility. It is also designed to protect Canada's strength and unity by preserving its official languages and their cultures.
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Post-secondary education
Canada has over 100 universities, almost all of which are publicly funded. These universities offer a wide range of programs at different levels of difficulty and complexity. Upon completion of a university program, students are awarded a degree: a bachelor's, master's, or doctoral degree. Bachelor's degrees are typically awarded after three to four years of full-time study, while master's degrees usually take one to three additional years of study after obtaining a bachelor's degree. Doctoral degrees are the most advanced degrees offered by Canadian universities.
Colleges in Canada focus on applied and technical education geared toward specific careers. They offer shorter programs than universities, typically lasting one to three years, and issue diplomas and certificates that qualify graduates for specific jobs. Some colleges also offer bachelor's and master's degrees, supplementing hands-on training with academic coursework. University colleges and vocational institutions may also offer degree programs where students can take courses and receive credits transferable to a university.
Canada is a leader in online learning and distance education, providing students with flexible options to achieve their educational goals. The country's post-secondary institutions share a strong relationship, allowing students to easily transfer between different levels and types of education. English language programs are the most common type of pathway programs pursued by international students who want to study in Canada.
All post-secondary schools in Canada charge tuition fees, with rates depending on the school and program. Canadian citizens and permanent residents typically pay between $2,500 and $11,400 per year, while international students often face higher tuition costs. Various financial support programs are available, including student loans, grants, scholarships, and Registered Education Savings Plans (RESPs).
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Frequently asked questions
The Constitution Act, 1867 gives provincial governments exclusive jurisdiction to make laws governing education. There is no federal department of education in Canada.
Sources of provincial education law include education statutes, education regulations, ministry guidelines and policies, procedures, protocols, bylaws, and common or case law.
In Canada, it is the law that children receive an education. Parents are responsible for ensuring their children are enrolled in and attend school.
Child welfare law is the primary legal basis for responding to offending by children under 12. When parents are unable or unwilling to care for their children, a state-sponsored child welfare agency can intervene. The Youth Criminal Justice Act (YCJA) also recognises society's responsibility to address the developmental needs of young people and guide them into adulthood.
