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Human Rights in the School
Footnotes

1.Signed December 10, 1948

2. Part I, Constitution Act, 1982, Schedule B, Canada Act 1982(U.K.), 1982, c.11.

3. Law Society of Upper Canada v. Skapinker (1984), 9 D.L.R. (4th) 161, [1984] 1 S.C.R. 357.

4. Protection of rights between individual citizens is governed by provincial, territorial and federal human rights laws.

5. See McKinney et al. v. Board of Governors of the University of Guelph and A.G. for Ontario et al. (1990), 118 N.R.1(S.C.C.).

6. Wayne A. MacKay, "The Canadian Charter of Rights and Freedoms: Implications for Students," in Micaheal E. Manley-Casimir and Terri A. Sussel (eds.), Courts in the Classroom: Education and the Charter of Rights and Freedoms, (Calgary: Detselig, 1986), pp. 10-11.

7. See for example ibid., p.15 and Pomulo Magsino, "Students Rights and the Charter: An analysis of Legal and Extra-Legal Considerations" (2989), 1 Education Law Journal (No. 2), 237. However, in light of the restrictive interpretation given to s. 32(1) of the Charter by the Supreme Court of Canada in its 1990 decision, McKinney et al. v. Board of Governors of the University of Guelph and A. G. for Ontario et al., (see note 5), this question may only may be definitively answered by the Supreme Court.

8. Québec Assocation of Protestant School Boards et al. v. A.G. of Québec et al. (1984), 54 N.R. 196 See also R. v. Big M. Drug Mart, [1985] 1 S.C.R. 295, 18

9. See note 6, p. 18.

10. Zylberberg et al. v. Sudbury Board of Education (1988), 29 O.A.C. 23.

11. See Magsino, note 7, pp. 237-245. There are conflicting court decisions in this area. At the time of writing, Supreme Court of Canada had not dealt with these issues.

12. Romulo Magsino, "Teacher and Student Rights Within the Denominational Schoolhouse Gate," in William A. McKim (ed.), The Vexed Question: Denominational Education in a Secular Age. (St. John's Nfld.: Breakwater Books, 1988), pp. 149 and Magsino, note 7 pp. 236 and 255.

13. Ibid. See also Magsino, note7, pp. 11 and 41.

14. Preamble.

15. Universal Declaration of Human Rights, art. 29.

16. R.S.C. 1985, C. C-46, as amended.

17. See David A. Cruishank, "Rights of Children," in R. St. J. Macdonald and John D. Humphrey (eds.), The Practice of Freedom: Canadian Essays on Human Rights and Fundamental Freedoms, (Toronto: Butterworths, 1979) p.213.

18. For a more in-depth look at the legal rights of children, see for example, note 6, pp. 9-50.

19. Romulo F. Magsino, "Student Rights in Canada: Nonsense upon Stilts?" in heather Berkley, Chad Gaffield, and W. Gordon West (eds.), Children's Rights: Legal and Educational Issues, (Toronto: O.I.S.E., 1978), pp. 101-102.

20. United Nations Children's Fund, The State of the World's Children, (Oxford: Oxford University, 1989), p. 12.

21. See note 19.

22. Fifth Report of the Royal Commission Family and Children's Law, Part III, Children's Rights. (Victoria B.C.: Queen's Printer, 1975), at pp. 6-7. This statement formed part of the Commission's recommendations. It was never made into law.

23. See Marlene Wilson, The Effective Management of Volunteer Programs, (Boulder, Colorado: Volunteer Management Associates, 1981), p.78.

24. See definition in Appendix 1.

25. Ibid.

26. See Daniel McDougall, "Co-operation and the Reduction of Prejudice" (1983), in 6 Multiculturalism (No. 3), 3-6, which concludes that putting students in mixed groups to work on interdependent activities awards common goals can reduce prejudice.

27. See note 1, art. 7.

28. Ibid., art 5,7,9-12 . See also the Canadian Charter of Rights and Freedoms, note 2.

29. Including marks, attendance records, aptitude tests, intelligence tests, psychological tests, medical records, anecdotal notes and reports.

30. Subarts. 1 and 3. See also Patrick Watson and Benjamin Barber, The Struggle for Democracy, (Toronto: Lester and Orpen Dennys Ltd., 1988)

31. Arts 13,14,18-20. See also the Canadian Charter of Rights and Freedoms, note2, secs. 2 and 6.

32. The Compact Edition of the Oxford English Dictionary, (1981).

33. See note 1, art. 1.

34. Abella, Judge Rosalie Silberman, Report of the Commission on Equality in Employment, (Ottawa: Minister of Supply and Services, 1984), pp. 3-4.

35. Ibid.

36. Ontario Human Rights Commission v. Bureau of Etobicoke (1982), 132 D.L.R. (3rd)14, 3 C.H.R.R. D/781.

37. See note 34, pp. 2-3.

38. See note 26. Co-Operative learning has been shown to reduce prejudice. It involves students working with mixed groups (i.e. gender, race) in interdependent activities toward common goals.

39. See research on effective teaching strategies for reducing prejudice in students in Carlotte C, Anderson, "Human Rights in Elementary and Middle Schools," in Margaret Stimman Branson and Judith Torney Purta (eds.), International Human Rights, Society and the Schools, (Washington D.C.: National Council for Social Studies, 1982), pp. 50-58

40. Do School communications use "he or she"/"she or he" and "her or his"/"his or her" rather than assume that male gender nouns and pronouns include women as well as men.

41. Adapted from Dr. John Kehoe's guidelines for reducing prejudice through classroom materials based on research available in Canada and the United States as presented in Michael Roe, Multiculturalism, Racism and the Classroom: A CEA Report, (Toronto: Canadian Education Association, 1982), p.38.

42. Ibid.

43. Catherine A. Hill and john B. Whitely, "Social interactions and On Task Behaviour of Severely Multihandicapped and Non-handicapped Children in Mainstreamed Classrooms" (1985), 1 Canadian Journal for Exceptional Children (No. 4), pp. 136-140.

44. See Paul De Groot, "Love and Faith in the Inner City School," Canadian Lutheran, February, 1987, pp. 20-24.

45. Towards policy…Race and Ethnic Relations In the Education System, [Ontario]: Ministry of Labour, [1987], p.18

46. Enid Lee, Letters to Marcia, (Toronto: Cross Cultural Communication Centre, 1985), p.11.

47. See note 45.

48. United Nations Decade of Disabled Persons, 1983-1992: World Programme of Action Concerning Disabled Persons, (New York: united Nations, 1983),p.3.

49. Adapted from note 45.

50. Equality Now, (Ottawa: House of Commons, 1984),p.143.

51 Adapted from Multicultural Non-sexist Education in Iowa School: School Administration, ( Des Moines: State of Iowa Department of Education, 1988), p. ii.

52. See note 32.

53. Adapted from 12,000 Words: A Supplement to Webster's Third New international Dictionary, (1986).

54. Black's Law Dictionary, Revise 4th ed.

55. The Random House Dictionary, 1980

56. See note 46, p.12.

57. The Random House Dictionary of the English Language 2nd Unabridged, (1983)

58. Adapted from note 46 p. 12.

59. Adapted from note 45 p. 19.

60. Ibid.

61. Adapted from the definition of "racism", note 45, p.19, Alan Bullock, Oliver Stallybrass and Stephen Trombley (eds.), The Fontana Dictionary of Modern Thought, 2nd ed. (London: Fontana, 1988).

62. Adapted from the definition of "racial discrimination," note 45, p.19.

63. Adapted from The Human Rights Code, S.M. 198788, C.45. s. 19(2).

64 Adapted from Special Programs: A Preliminary Guide, (Winnipeg: Manitoba human Rights Commission, 1989).

65. Adapted from the Women's Studies Committee Bylaws, University of Manitoba, adopted 1989, opening paragraph.


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