Podcast
Questions and Answers
Which of the following is a reason provided by the SCC for the prohibition of corporal punishment?
Which of the following is a reason provided by the SCC for the prohibition of corporal punishment?
- It has been historically used in schools
- Expert evidence indicates it is harmful (correct)
- Many parents support its use
- Corporal punishment is deemed effective
What is prohibited in schools regarding the use of force by teachers?
What is prohibited in schools regarding the use of force by teachers?
- Using physical restraint when necessary
- Separating students who are fighting
- Applying reasonable corrective force
- Using corporal punishment (correct)
What considerations limit the actions of teachers when managing student behaviors?
What considerations limit the actions of teachers when managing student behaviors?
- Only parent policies apply
- Provincial law solely governs actions
- Liability risks and policy considerations (correct)
- International laws only
What can parents use regarding corporal punishment, according to the guidelines?
What can parents use regarding corporal punishment, according to the guidelines?
What is a critical purpose of behavior tracking forms in schools?
What is a critical purpose of behavior tracking forms in schools?
In the scenario presented, what should the principal's immediate action be after receiving the anonymous note?
In the scenario presented, what should the principal's immediate action be after receiving the anonymous note?
What is a key component of the VITRO process?
What is a key component of the VITRO process?
What argument related to corporal punishment is associated with the Charter?
What argument related to corporal punishment is associated with the Charter?
What does the charter suggest about the concept of reasonableness in relation to rights?
What does the charter suggest about the concept of reasonableness in relation to rights?
Which of the following is NOT considered a fundamental freedom under Section 2?
Which of the following is NOT considered a fundamental freedom under Section 2?
What is acknowledged in Section 1 of the Charter regarding rights and freedoms?
What is acknowledged in Section 1 of the Charter regarding rights and freedoms?
How do individual school policies relate to the Charter?
How do individual school policies relate to the Charter?
Which of the following rights is guaranteed under Section 7 of the Charter?
Which of the following rights is guaranteed under Section 7 of the Charter?
In what context can the court allow limitations on freedom of speech in schools?
In what context can the court allow limitations on freedom of speech in schools?
What aspect of fundamental justice is emphasized in Section 7?
What aspect of fundamental justice is emphasized in Section 7?
What is necessary for various regulations in schools to conform to the Charter?
What is necessary for various regulations in schools to conform to the Charter?
What is one condition under which a teacher has no duty of care for a student?
What is one condition under which a teacher has no duty of care for a student?
In which situation is a teacher required to maintain a duty of care?
In which situation is a teacher required to maintain a duty of care?
What legal framework governs the teacher's duty of care?
What legal framework governs the teacher's duty of care?
What happens if a teacher is late after a student is dropped off at the correct time?
What happens if a teacher is late after a student is dropped off at the correct time?
Which scenario illustrates a breach of duty of care by a teacher?
Which scenario illustrates a breach of duty of care by a teacher?
What was the initial reaction of the school authorities upon receiving the anonymous note?
What was the initial reaction of the school authorities upon receiving the anonymous note?
What was the outcome of the investigation regarding the teacher after the anonymous note was received?
What was the outcome of the investigation regarding the teacher after the anonymous note was received?
Which of the following duties is NOT explicitly mentioned in the education act regarding teachers?
Which of the following duties is NOT explicitly mentioned in the education act regarding teachers?
What did the police conclude about the teacher's interview regarding the anonymous note?
What did the police conclude about the teacher's interview regarding the anonymous note?
Who is ultimately accountable for the performance of a teacher's duties according to the educational guidelines?
Who is ultimately accountable for the performance of a teacher's duties according to the educational guidelines?
What serious allegation does the scenario indicate that the anonymous letter contained?
What serious allegation does the scenario indicate that the anonymous letter contained?
What action did the superintendent take regarding the teacher following the receipt of the note?
What action did the superintendent take regarding the teacher following the receipt of the note?
How did the staff respond to the discreet email about the serious note?
How did the staff respond to the discreet email about the serious note?
What is a principal primarily responsible for in a school?
What is a principal primarily responsible for in a school?
What should a principal do if they encounter an incident of serious misconduct?
What should a principal do if they encounter an incident of serious misconduct?
Under what circumstances must a member of school personnel inform the superintendent?
Under what circumstances must a member of school personnel inform the superintendent?
Which action is NOT typically a duty of a principal?
Which action is NOT typically a duty of a principal?
What constitutes 'serious professional misconduct' according to the guidelines?
What constitutes 'serious professional misconduct' according to the guidelines?
Who is responsible for reporting incidents of serious professional misconduct that a teacher is involved in?
Who is responsible for reporting incidents of serious professional misconduct that a teacher is involved in?
What is one of the principal's responsibilities regarding school funds?
What is one of the principal's responsibilities regarding school funds?
What role does the minister have in cases of serious professional misconduct?
What role does the minister have in cases of serious professional misconduct?
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Study Notes
Charter of Rights and Freedoms
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The charter acknowledges that limitations may be placed on rights and freedoms, as long as these limitations are reasonable and necessary for the well-being of the Canadian community.
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Individual school policies, such as student discipline policies, teacher codes of ethics, and school board policies are examples of regulations that restrict behavior in a school setting.
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The Charter recognizes fundamental freedoms, including freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly, and association.
Fundamental Justice
- Everyone has the right to life, liberty, and security of the person. This right can only be deprived in accordance with the principles of fundamental justice.
Corporal Punishment
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Corporal punishment is not allowed for teachers to use.
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Teachers can use reasonable corrective force.
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Parental use of corporal punishment is allowed but has limitations on age, location on the body, and method.
Liability Risks
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Teachers using force that causes injury to a student can be held liable.
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The Charter can be used as an argument to challenge disciplinary actions, alleging discrimination based on age or violation of rights.
Violence Threat Risk Assessment (VITRO)
- VITRO is a comprehensive process that involves parents, school staff, and other stakeholders to assess a child's behavior and identify factors that might be contributing to it. It takes 5-8 hours to complete.
Inappropriate Teacher Behavior
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Even anonymous allegations of inappropriate teacher behavior should be taken seriously and investigated.
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If an allegation involves sexual misconduct, the principal should immediately contact the superintendent and remove the teacher from the school until the investigation is complete.
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The superintendent should contact the police if the allegation involves illegal activity.
Duty of Care
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Teachers have a duty of care for students when they are on school grounds and engaged in school-related activities.
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This duty of care extends to situations such as drop-off and pick-up times, students missing the bus, and school field trips.
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The duty of care does not generally start before scheduled drop-off times.
Teacher's Responsibilities
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Teachers are accountable to the superintendent of the school district, acting through the principal.
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The superintendent is the employer of teachers.
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Principals are responsible for the overall administration and educational leadership of the school.
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Teachers have specific duties as outlined in the Education Act, including maintaining a deportment consistent with their position of trust, exemplifying values like truth and justice, attending to the health and well-being of the students, and maintaining professional competence.
Serious Professional Misconduct
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Serious professional misconduct includes conduct that has or is likely to have an injurious effect on the physical, mental, social, or emotional well-being of a student.
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Teachers are required to notify the superintendent immediately if they are charged with or convicted of a criminal offense in Canada.
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Principals are required to report any incident of serious professional misconduct to the superintendent.
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The Ministry of Education can appoint an investigator to look into any allegations of serious professional misconduct.
Breach of Student Care
- A breach of student care can occur when a teacher fails to take appropriate actions or neglects to fulfill their responsibilities related to the well-being of the students.
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