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Top Five 2002

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Summaries of important legal cases from 2002, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2003 Summer Law Institute.

1. Adler v Ontario, [1996] 3 SCR 609

Ontario publically funds Roman Catholic schools, but denies funding for schools of other religious denominations. The full decision is available here.

2. Canadian Foundation for Children v Canada (2002), 57 OR (3d) 511 (CA)

A provision in the Criminal Code of Canada makes it legal for a “schoolteacher, parent or person standing in the place of a parent” to use reasonable force in the correction of a child. The full decision is available here.

3. Falkiner v Ontario (2002), 59 OR (3d) 481 (CA)

In 1995, the government of Ontario changed the definition of the word “spouse” in legislation affecting the payment of income assistance benefits. The full decision is available here.

4. Trinity Western University v British Columbia College for Teachers, [2001] 1 SCR 772

Can a privately funded university implement teacher-training programs that reflect only one religious worldview?  In this case, the Supreme Court of Canada (SCC) was asked to consider whether the British Columbia College of Teachers (BCCT) acted reasonably when it denied the certification of a Christian teacher education program. The full decision is available here.

5. United States of America v Burns, [2001] 1 SCR 283

This case involved the decision of whether or not to extradite the accused without first receiving assurances that the receiving country would not impose the death penalty.The full decision is available here.


Date Produced: 2002

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