Ed & The Law Exam Review

EXAM FORMAT:

- 5 Terms of Reference

- 1 Case Study Question

- 4 Long Answer

* No short answer questions

TERMS OF REFERENCE

1 ) Nexius

- Incidents requiring disciplinary action must show a direct connect between the

  questionable behaviour and how it affects your duties as a teacher

- There are three levels:

   a) Rational Nexius (inappropriate jokes at a Christmas party)

   b) Sufficient Nexius (

   c) Substantial Nexius (drinking alcohol with students)

2 ) Fundamental Freedoms

- Section 2 of the Charter

- Freedom of conscience & religion

- Freedom of thought, belief, opinion & expression

- Freedom of peaceful assembly

- Freedom of association

- Think of the various ways in which teachers do not have all of these freedoms

  (ex) Although you have the right to associate with the Nazi party, it may result

        in a loss of confidence in you as a teacher

3 ) Reflexive 

- A non-intentional reflex action resulting from a primary action

- (ex) Blocking a punch

4 ) Loss of Confidence

- Behaviour you display, in or out of the school, can result in a loss of confidence

  where your ability as a teacher is questioned

- If MTS finds you in breach of their Code of Professional Practice:

  a) Letter of Admonishment (discipline)

  b) Public Ousting (newspaper ad)

  c) De-certification 

5 ) Civil Procedure

- The body of law that sets out the rules and standards of how a court functions

  when dealing with civil cases

- There are certain steps that need to be taken

- The same way teachers have procedural fairness

6 ) Emergency Response Plan

- Must be in place before a field trip is underway and it designates who is in charge

  in an emergency

- Have a cell phone that is fully charged & ensure more than one person knows its

  location

- Have emergency cell phone numbers with you

  a) Local fire, police, ambulance, public safety

  b) parent/guardian numbers

- Medical profile form with signed consent to authorize medical treatment

- Stocked first air kit

7 ) Children's Advocate

- If you suspect a worker is not doing their job appropriately of putting children in

  more danger (group home, CFS, foster care, etc)

- Go directly to Children's Advocate and not to CFS due to conflict of interest

LONG ANSWER

1 ) Offsite Activities

- Consult & obtain permission from principal

- File appropriate documentation

- Plan a parent/guardian meeting

- Informed consent & knowledge of risk forms

- Contact outside resources

- Ensure students are aware of appropriate conduct

- Advise students, parent/guardians, volunteers, etc of hazards

- Take the age, gender, abilities of the child

- Pre-scout destination 

2 ) Teacher as Social Welfare Agents

- Identification of a child in need of protection

  a) Where the life, health, or emotional well-being of the child is at risk

  b) Go directly to CFS, bypass school administration

  * Once you've spoken to CFS, the case is confidential. You can inform your

     principal that I case has been made but not the student's name or why it was

     opened

- Children in need:

   a) Do not have adequate care, supervision or control

   b) May be in the care of someone:

       - Who is unable or unwilling to provide adequate care

       - Whose conduct endangers or might endanger the child

       - Who neglects or refuses to provide medical or remedial care

   c) Is abused or in danger of child pornography

   d) Is beyond the control of the person who has care

   e) Is in a home with spousal abuse and domestic violence

   f) Is subjected to sexual harassment

   g) Is left unattended under the age of 12

   h) Is subject to an unlawful adoption

- The "informant", teacher, would be protected 

- If you don't make the call or report the identity of the student in need then you 

  are putting them in more danger and may be fined or put in prison 

3 ) Youth Criminal Justice

- Young people are treated separately from adults

- Parents & victims play a constructive role in youth justice

   a) This is often where teachers play a role

   b) Victims and offenders may have to meet up for discussion

- Accountability, responsibility & meaningful consequences should be used

- Consistent with national & international human rights

- Flexible and streamlined youth justice

- Treat violent and non-violent crimes differently

- Cooperative, integrated approach to rehabilitation

   a) Broad & comprehensive

   b) Involves teachers

- Youth justice has power to impose adult sentencing on youth 14 years & up

- High violence offences receive psychological treatment

- Community based sentences & restitution to victims

- Harsher penalties for adults who won't comply to supervise youth

4 ) Rights of the Offender

- Do not hinder the ability of police to investigate & consider criminal charges

- Teachers are a person of authority

- Teachers/administration can be seen as an Agent of the State

   a) Similar to person of authority

   b) Can interfere with investigation

- Confessions must be voluntary and they need to be told that they can have

  council and have the right to not speak

   a) Suggest other people to talk to (police) since you are a person of authority

- Natural justice

- Confidential information

   a) How much can you share with potential victims?

   b) Violent information will not be in cumulative folders

- If information is required for the safety of others, it will be shared

  a) Section 1, 125 (6)

- Information must be kept separate

5 ) Eaten vs. Brant, 1997

* Precedent case for special needs students

- The best possible placement for the child is considered

- The child's best interests and special needs are considered

- There needs to be ongoing assessment as the child's needs may change

- Decision has to be made from a child-centered perspective

6 ) Records Management

- How you collect

- How you disclose

- How you store

- How you transmit between various parties

   a) Fake names, abbreviations, should be used in emails

- How you ensure electronic security

- How you dispose

- How you archive

7 ) Discipline

- The criminal code states that teachers can use force for the purpose of 

  correction as long as it does not exceed reasonable grounds

- If charged, courts will look at:

  a) What was the intent?

  b) Did it actually happen?

- There does not need to be evidence, student accusations are taken first

- Civil court-= damages

- Criminal court = charges

- The Ed Admin Act states that teachers need to maintain order & discipline

- What about cruel and unusual punishment?

   a) Discipline has to be for the purpose of correction and without malice

   b) There has to be reason for the discipline

   c) It cannot be cruel or excessive 

   d) The discipline has to be suitable to the age, gender, abilities of the student

   e) It cannot be beyond the student's endurance