Eadm 13 310 072 Tch Rts

Are we in trouble? “ We’re in trouble, Mr. Brooks. Billy Bradford has been using his detention time to study law.”

Parting Shots Thoughts ,[object Object],[object Object],[object Object]

Constraints or Authority? Professional Code of Ethics Provincial Statutes Education Act Federal Statutes Criminal Code, YCJA Local Board and School Rules Collective Agreement LINC Common Law Civil Liability for Assault Constitution Charter s.7, 12, 15 Sources of Teachers’ Authority to Control and Discipline The Educator In The School

The Exercise Of Authority ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

. . . maintain . . . good order and general discipline . . . . ,[object Object],[object Object]

License? "Well, I'll be darned . . . I guess he does have a license to do that."

Statutory Sources of Teachers’ Authority ,[object Object],[object Object],[object Object],[object Object]

Teachers’ Authority and the Criminal Code ,[object Object],[object Object]

Statutory Sources of Pupils’ Duty ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Common Law Sources of Teachers’ Authority ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Limits on the Exercise of Authority ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

What is (was?) “Reasonable” Force? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Adapted from, Bargen, P.F. (1961). The legal status of the Canadian public school pupil .

NOW, Do We Know What Constitutes Reasonable Force? ,[object Object],Florida Legislators Advocate Teachers Use Stun Guns On Students We don't know until the judge in a particular case tells us, in retrospect, whether what the teacher did was reasonable under the circumstances.

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) ,[object Object]

Dealing With Defiance ,[object Object]

R. v. LAUZON (23 May 1991), Ont. Prov. Div., Merredew Prov. J. [Unreported] ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

R. v. LAUZON (23 May 1991), Ratio Decidendi - Merredew Prov. J. ,[object Object],[object Object],[object Object],[object Object],[object Object]

R. v. Haberstock (1970), 1 CCC (2d) 433 ,[object Object],[object Object],[object Object],[object Object],Three 12 year-old boys we observed shouting names at a teacher from a school bus as the bus was pulling away on a Friday afternoon. The words used by two of them were “SHORT RIBS”! On the following Monday, in the morning when the students returned, the teacher walked up to each of them in the schoolyard and slapped each on the face. The trial judge found that one of the boys had suffered a chipped tooth and that this particular boy had not called the name. Was the teacher found to be guilty of assault?

R. v. Kanhai (1981), 60 C.C.C. (2d) 71 ,[object Object],[object Object],A physical education teacher, was charged with the common assault of one of his pupils. The evidence indicated that the victim, a 14-year-old grade 7 student did not run as required during a running test and was continually told by the accused to run. Towards the end of the test the accused indicated the pupil would have an “appointment” which meant a “talking to.” However, and despite the fact that the pupil exhibited no defiance or resistance, the accused grabbed the pupil by the hair and in taking him into his office banged (or rubbed) his head against the door. Was the teacher guilty of assault?

R. v. Graham (1994) ,[object Object],A male teacher/principal with 24 years of experience was charged with assault after he “spanked” a nine-year-old female student who was distracting fellow students and who loudly and aggressively refused to follow directions relating to a math lesson he was teaching. The “spanking” consisted of a single slap on the buttocks which, it was claimed, was sufficiently hard so as to have left a “small red mark.” Was the teacher convicted of assault?

The Case For Student Handbooks ,[object Object],[object Object],[object Object],[object Object],[object Object],The problem to be overcome is one of "vagueness." Students cannot be expected to obey rules that they are not aware of (i.e., rules must be in writing and must be accessible to students), or rules that are so vaguely worded that students cannot reasonably determine exactly what behavior is permitted or prohibited.

Eadm 13 310 072 Tch Rts

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