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Exclusionary rule
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In the United States, the exclusionary rule is a legal rule, based on constitutional law. The rule prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".[1]
"The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures."[2] The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also protects against violations of the Sixth Amendment, which guarantees the right to counsel.
Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.[3]
This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy. In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).
The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.
Contents
[hide]
1 History of the rule
2 Limitations of the rule
2.1 Parallel construction
3 Criticism and defense
4 See also
5 References
6 Further reading
History of the rule[edit]
Up until the independence of the United States, the courts of England excluded self-incriminating evidence that was provided as a result of official compulsion, regardless of its reliability.[4] In 1769, Lord Chief Justice Mansfield explained as follows:
“ [I]n civil causes, the court will force parties to produce evidence which may prove against themselves; or leave the refusal to do it (after proper notice) as a strong presumption, to the jury....But in a criminal or penal cause, the defendant is never forced to produce any evidence; though he should hold it in his hands in court.[5] ”
Chief Justice Mansfield also explained that "If any evidence or confession has been extorted from her, it will be of no prejudice to her on the trial."[6] Additionally, a defendant could sue to suppress and regain possession of at least some types of illegally seized evidence, in a common law action for replevin.[7]
However, in the 1783 case of Ceglinski v. Orr, the English courts declined to suppress evidence obtained by illegal coercion. In the Warickshall case, evidence was gathered as a result of an involuntary confession, and the court held that the evidence (but not the confession itself) could be admitted.[8] It is questionable whether the Warickshall rule became known in the United States before 1789 (when the U.S. Bill of Rights was written), and whether it applied to confessions obtained by both governmental and private parties.[4] In any event, no decision by the Supreme Court of the United States has ever endorsed the Warickshall rule as a constitutional matter.[4]
Generally speaking, English law before 1789 did not provide as strong an exclusionary rule as the one that later developed under the Fourth Amendment to the United States Constitution, regarding unlawful searches and seizures.[7] The Fourth Amendment, after all, was partly a reaction against English law including the general warrant and the writs of assistance.[7]
In the 1886 case of Boyd v. United States,[9] the U.S. Supreme Court addressed compulsory production of business papers, and the Court excluded those papers based on a combination of the Fourth and Fifth Amendments. Boyd was closely limited to its facts, and several years later the Court stated that the Fourth Amendment does not extend to "excluding testimony" about wrongful searches and seizures.[10]
In 1897, the U.S. Supreme Court held, in Bram v. United States,[11] that involuntary confessions are inadmissible as evidence. The Court in Bram did not announce a strong version of the exclusionary rule that would apply uniformly to exclude all evidence gathered in violation of the Bill of Rights, but instead announced a weak version that excluded only self-incriminating testimony that was compelled in violation of the Fifth Amendment. The distinction between testimonial versus other self-incriminating evidence is a matter of continuing debate.[12]
Before a strong version of the exclusionary rule was addressed and adopted by the federal courts, it had already been adopted by at least one state court, namely the Iowa Supreme Court, as that court would later describe:
“ The genesis of Iowa’s exclusionary rule was a civil case, Reifsnyder v. Lee, 44 Iowa 101 (1876).... The first application of the exclusionary rule in a criminal context occurred in the Height case, decided in 1902. Height involved a physical exam of the defendant against his will. 117 Iowa at 652, 91 N.W. at 935. This court held that the examination of the defendant violated the due process clause of the Iowa Constitution, as well as article 1, section 8’s prohibition of unreasonable searches.[13] ”
In 1914, the U.S. Supreme Court announced a strong version of the exclusionary rule, in the case of Weeks v. United States, under the Fourth Amendment prohibiting unreasonable searches and seizures.[14] This decision, however, created the rule only on the federal level. The "Weeks rule," which made an exception for cases at the state level, was adopted by numerous states at a time during prohibition. In adopting the rule, actions by states often reflected attitudes towards prohibition, which was enacted by adoption of the Eighteenth Amendment and was enforced through the Volstead Act. Concerns about privacy violations also extended to other instances where criminal sanctions were permitted for "victimless" crime, such as illegal gambling or narcotics violations.[15]
In 1920, the U.S. Supreme Court adopted the "fruit of the poisonous tree" doctrine in the case of Silverthorne Lumber Co. v. United States.[16] The Court stated that allowing evidence gathered as an indirect result of an unconstitutional search and seizure "reduces the Fourth Amendment to a form of words".
Wolf v. Colorado 338 U.S. 25 (1949) ruled that states were not required to adopt the exclusionary rule. Despite the ruling, some states adopted the exclusionary rule. In 1955, the Supreme Court of California ruled in People v. Cahan[17] that the exclusionary rule applied for cases in the state of California. By 1960, 22 states had adopted the rule without substantial qualifications: California, Delaware, Florida, Idaho, Illinois, Indiana, Kentucky, Mississippi, Missouri, Montana, North Carolina, Oklahoma, Oregon, Rhode Island, Tennessee, Washington, Texas, West Virginia, Wisconsin, Wyoming. Michigan also had an exclusionary rule, but with limitations for some narcotics and firearms evidence. In Alabama, Maryland, and South Dakota, the exclusionary rule applied in some situations.[15]
It was not until Mapp v. Ohio[18] in 1961 that the exclusionary rule was also held to be binding on the states through the Fourteenth Amendment, which guarantees due process. Up until Mapp, the exclusionary rule had been rejected by most states.[19]
In 2016, Utah v. Strieff dealt with the exclusionary rule and outstanding warrants and was viewed to be generally favorable towards police.[20][21]
Limitations of the rule[edit]
The exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing.
Even in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In Hudson v. Michigan,[22] Justice Scalia wrote for the U.S. Supreme Court:
“ Suppression of evidence, however, has always been our last resort, not our first impulse. The exclusionary rule generates "substantial social costs," United States v. Leon, 468 U.S. 897, 907 (1984), which sometimes include setting the guilty free and the dangerous at large. We have therefore been "cautious against expanding" it, Colorado v. Connelly, 479 U.S. 157, 166 (1986), and "have repeatedly emphasized that the rule's 'costly toll' upon truth-seeking and law enforcement objectives presents a high obstacle for those urging [its] application," Pennsylvania Bd. of Probation and Parole v. Scott, 524 U.S. 357, 364–365 (1998) (citation omitted). We have rejected "indiscriminate application" of the rule, Leon, supra, at 908, and have held it to be applicable only "where its remedial objectives are thought most efficaciously served," United States v. Calandra, 414 U.S. 338, 348 (1974) – that is, "where its deterrence benefits outweigh its 'substantial social costs,'" Scott, supra, at 363, (quoting Leon, supra, at 907). Whether the exclusionary sanction is appropriately imposed in a particular case is an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct. ”
Limitations on the exclusionary rule have included the following:
Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials.[23]
Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionary rule does not apply to privacy rights of a third party.[24] However, there is a narrow exception to this standing requirement, the jus tertii standing exception.[25]
The defendant cannot take advantage of the situation (police breaching rules) to turn the case to his advantage, in face of other evidence against himself. This falls under the exigent circumstances exception.[26]
The Silver Platter doctrine which was ruled unconstitutional in the case of Elkins v. United States in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial.[27]
Nix v. Williams held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search (inevitable discovery), the evidence may be brought forth in court.
If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception.
The exclusionary rule is not applicable to non-U.S. nationals residing outside of U.S. borders. In United States v. Alvarez-Machain,[28] the U.S. Supreme Court decided that property owned by aliens in a foreign country is admissible in court. Certain persons in the U.S. receive limited protections, such as prisoners, probationers, parolees, and persons crossing U.S. borders. Corporations, by virtue of being, also have limited rights under the Fourth Amendment (see corporate personhood).
In the case of Florida v. Jimeno it was found that the evidence found to convict Jimeno, although at first was not admissible, later was found to in fact be admissible since it passed the test of reasonable standards. The defendant consented to a search of his car, and when the officer searched a package and found drugs, it was not said to be in violation because a reasonable person would expect illegal narcotics to be kept in a package or container.[29]
Parallel construction[edit]
The Special Operations Division of the U.S. Drug Enforcement Administration advises DEA agents to follow a process of parallel construction when launching criminal investigations of Americans based on SOD tips that may be based on warrantless surveillance.[30]
Criticism and defense[edit]
The exclusionary rule as it has developed in the United States has been long criticized. Judge Benjamin Cardozo, Chief Judge of the New York Court of Appeals between 1927 and 1932, stated that under the rule, "The criminal is to go free because the constable has blundered." The judge noted that many states had rejected the rule, but suggested that the adoption by the federal courts would affect the practice in the sovereign states.[31][32][33][34]
In the 1970s, Dallin H. Oaks,[35] Malcolm Wilkey,[36] and others called for the exclusionary rule to be replaced with a comprehensive judicial remedy against all illegal arrests and searches and seizures (e.g., tort remedy). By the 1980s, the exclusionary rule remained controversial and was strongly opposed by President Ronald Reagan. But, some opponents began seeking to have the rule modified, rather than abolished altogether. The case, Illinois v. Gates, before the Supreme Court brought the exclusionary rule for reconsideration. The Supreme Court also considered allowing exceptions for errors made by police in good faith.[37] The Reagan administration also asked Congress to ease the rule.[38] It has been proposed that the exclusionary rule be replaced with restitution to victims of police misconduct.[39]
A major criticism of the Fourth Amendment exclusionary rule is that it allegedly defies the original intent of the Constitution. Yale Law Professor Akhil Amar, for example, has argued that "nothing in the text, history, or structure of the Fourth Amendment" supports the rule.[40] Critics like Amar, Oaks and Wilkey point to the fact that the text of the Fourth Amendment does not indicate that illegally seized evidence must be excluded. Some legal historians argue that the Constitution's Framers intended only that victims of unreasonable searches or seizures could file civil lawsuits.
In 2009, Roger Roots presented evidence that the idea of exclusion can be found in the earliest set of law books published in American history.[41] In 2014, Roots elaborated that certain eighteenth-century British law books and pamphlets which discuss the exclusion of illegally seized evidence circulated widely in the American colonies and were owned by numerous prominent Framing-era lawyers and statesmen.[42] Also in 2014, Professor Richard Re proposed that the Due Process Clause provides an ample basis for the Exclusionary Rule.[1]
See also[edit]
Bunning v Cross, an Australian case for which the ruling may be formulated as an exclusionary rule
Section 24(2) of the Canadian Charter of Rights and Freedoms, a constitutional provision explicitly excluding unconstitutionally obtained evidence if its admission would bring the administration of justice into disrepute
References[edit]
^ Jump up to: a b Re, Richard. "The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis", Harvard Law Review, Vol. 127, p. 1885 (2014). See also "Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule", Harvard Law Review, Vol. 127, p. 302 (2014).
Jump up ^ Berg, p. 29
Jump up ^ Leonetti, Carrie (Winter 2009). "Independent and Adequate: Maryland's State Exclusionary Rule for Illegally Obtained Evidence". University of Baltimore Law Review. 38: 231.
^ Jump up to: a b c Davies, Thomas. “Farther and Farther from the Original Fifth Amendment: The Recharacterization of the Right Against Self-Incrimination as a 'Trial Right' in Chavez V. Martinez”, Tennessee Law Review, Volume 70, pages 987–1045 (2003).
Jump up ^ Roe v. Harvey, 98 Eng. Rep. 302 (K.B. 1769).
Jump up ^ Rudd's Case, 168 Eng. Rep. 160 (K.B. 1775).
^ Jump up to: a b c Warden v. Hayden, 387 U.S. 294 (1967).
Jump up ^ King v. Warickshall, 168 Eng. Rep. 234, 235 (K.B. 1783).
Jump up ^ Zoo v. United States, 116 U.S. 616 (1886).
Jump up ^ Adams v. New York, 192 U.S. 585 (1904).
Jump up ^ Bram v. United States, 168 U.S. 532 (1897).
Jump up ^ United States v. Hubbell, 530 U.S. 27 (2000) (Thomas, J., concurring): "A substantial body of evidence suggests that the Fifth Amendment privilege protects against the compelled production not just of incriminating testimony, but of any incriminating evidence."
Jump up ^ Iowa v. Cline, Supreme Court of Iowa (September 7, 2000).
Jump up ^ Weeks v. United States, 232 U.S. 383 (1914).
^ Jump up to: a b Allen, Francis A. (1961). "Exclusionary Rule in the American Law of Search and Seizure, The Exclusionary Rule Regarding Illegally Seized Evidence". Journal of Criminal Law, Criminology and Police Science. 52 (3): 246–254.
Jump up ^ Silverthorne Lumber v. United States, 251 U.S. 385 (1920).
Jump up ^ (1955) 44 Cal.2d 434
Jump up ^ Mapp v. Ohio, 367 U.S. 643 (1961)
Jump up ^ Cassell, Paul. "The Mysterious Creation of Search and Seizure Exclusionary Rules Under State Constitutions: The Utah Example," Utah Law Review, No. 3, page 751, 756 (1993).
Jump up ^ "Opinion analysis: The exclusionary rule is weakened but it still lives". 2016-06-20. Retrieved 2016-06-26.
Jump up ^ "Amended". The Economist. ISSN 0013-0613. Retrieved 2016-06-26.
Jump up ^ Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159 (June 15, 2006)
Jump up ^ Burdeau v. McDowell, 256 U.S. 465 (1921)
Jump up ^ United States v. Jeffers and Jones v. United States clarify the standing requirements.
Jump up ^ See, e.g., Singleton v. Wulff Et Al., 96 S. Ct. 2868, 428 U.S. 106 (U.S. 1976); "The Assertion of Constitutional Jus Tertii: A Substantive Approach", Robert Allen Sedler, California Law Review, Vol. 70, No. 6 (Dec., 1982), pp. 1308–1344; "Standing to Assert Constitutional Jus Tertii", 88 Harv.L.Rev. 423, (1974).
Jump up ^ Walder v. United States
Jump up ^ Wolf v. Colorado 338 U.S. 25 (1949)
Jump up ^ United States v. Alvarez-Machain, 504 U.S. 655 (1992)
Jump up ^ "FLORIDA v. JIMENO". Oyez. 1991.
Jump up ^ Shiffman, John; Cooke, Kristina (August 5, 2013). "Exclusive: U.S. directs agents to cover up program used to investigate Americans". Reuters. Retrieved August 5, 2013.
Jump up ^ People of the State of New York v. John Defore, 150 N.E. 585 (1926).
Jump up ^ Stagg, Tom, Judge, United States District Court Western District of Louisiana (July 15, 1991). "Letter to the Editor". Shreveport, La.: New York Times. Retrieved January 7, 2013.
Jump up ^ Spence, Karl (2006). "Fair or Foul? Exclusionary rule hurts the innocent by protecting the guilty". Yo! Liberals! You Call This Progress?. Converse, Texas: Chattanooga Free Press/Fielding Press. ISBN 0976682605. Retrieved January 7, 2013. ISBN 978-0976682608.
Jump up ^ Polenberg, Richard. The World of Benjamin Cardozo: Personal Values and the Judicial Process. Cambridge, Massachusetts: Harvard University Press. pp. 203–207. ISBN 0674960521. Retrieved January 13, 2012. ISBN 978-0674960527
Jump up ^ Oaks, Dallin H. (1970). "Studying the exclusionary rule in Search and Seizure". University of Chicago Law Review. The University of Chicago Law Review, Vol. 37, No. 4. 37 (4): 665–757. doi:10.2307/1598840. JSTOR 1598840.
Jump up ^ Wilkey, Malcolm R. (1978). "The Exclusionary Rule: Why Suppress Valid Evidence?". Judicature. 62 (5): 214–232.
Jump up ^ Nestlerode, Jana (Winter–Spring 2010). "Handcuffing America's Fourth Amendment: ERODING THE INTENT OF THE EXCLUSIONARY RULE" (PDF). The Forensic Digest. Journal of the Academy of Forensic Nursing Science. 2 (1): 22–35. Retrieved January 7, 2013. CS1 maint: Date format (link)
Jump up ^ Taylor, Stuart, Jr. (1983-01-26). "Exclusionary-Rule Fight Moves to Supreme Court". The New York Times.
Jump up ^ Barnett, Randy E. (1983). "Resolving the Dilemma of the Exclusionary Rule: An Application of Restitutive Principles of Justice". 32. Emory L. J.: 937.
Jump up ^ Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles 91 (1997).
Jump up ^ Roger Roots, "The Originalist Case for the Fourth Amendment Exclusionary Rule", Gonzaga Law Review, Vol. 45, pp. 1-66 (2009).
Jump up ^ Roger Roots, "The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence", Nevada Law Journal, Vol. 15, pp. 42-76 (2014) http://works.bepress.com/cgi/viewcontent.cgi?article=1009&context=roger_roots
Further reading[edit]
Berg, B.L. Criminal Investigation (McGraw-Hill, 2008) ISBN 978-0-07-340124-9
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Education in Canada
From Wikipedia, the free encyclopedia
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This article includes a list of references, but its sources remain unclear because it has insufficient inline citations. Please help to improve this article by introducing more precise citations. (March 2012) (Learn how and when to remove this template message)
Education in Canada
Educational oversight
Provincial & Territorial
Ministers of Education:

List of Ministers[show]
AB: David Eggen
BC: Mike Bernier[1]
MB: Ian Wishart[2]
NB: Brian Kenny[3]
NL: Dale Kirby[4]
NS: Karen Casey[5]
NWT: Alfred Moses[6]
NU: Paul Quassa[7]
ON: Mitzie Hunter[8]
PEI: Doug Currie[9]
QC: Sébastien Proulx
SK: Bronwyn Eyre[10]
YK: Doug Graham[11]
National education budget (2011)
Budget
5.4% of GDP‡[12]
General details
Primary languages
English, French
System type
Provincially Controlled
Literacy
Male
99%[13]
Female
99%[13]
Attainment
Secondary diploma
86%[15]
Post-secondary diploma
53%[14]
‡ Includes Elementary, secondary and post-secondary non-tertiary education.
Education in Canada is for the most part provided publicly, funded and overseen by federal, provincial, and local governments.[16] Education is within provincial jurisdiction and the curriculum is overseen by the province.[17] Education in Canada is generally divided into primary education, followed by secondary education and post-secondary. Within the provinces under the ministry of education, there are district school boards administering the educational programs.[18]
Education is compulsory up to the age of 16 in every province in Canada, except for Manitoba, Ontario and New Brunswick, where the compulsory age is 18, or as soon as a high school diploma has been achieved. In some provinces early leaving exemptions can be granted under certain circumstances at 14. Canada generally has 190 (180 in Quebec) school days in the year, officially starting from September (after Labour Day) to the end of June (usually the last Friday of the month, except in Quebec when it is just before June 24 – the provincial holiday). In British Columbia secondary schools, there are 172 school days during a school year. (2013-2014).[19] In Alberta, high school students get an additional four weeks off to accommodate for exam break; two weeks in January, and two in June. Classes typically end on the 15th of those two months.
Contents
[hide]
1 Canada-wide
1.1 Divisions by religion and language
1.2 Length of study
1.3 Authorities
2 Pre-university
3 History
4 Post-secondary education
5 Private schools
5.1 Private universities
6 Religious schools
6.1 History of religious schools
7 Levels in education
7.1 Canada outside Quebec
7.2 Quebec
7.3 Grade structure by province
8 Provincial and Territorial Departments and Ministries
9 See also
10 Footnotes
11 References
12 Further reading
12.1 Historiography
13 External links
Canada-wide[edit]
Elementary, secondary, and post-secondary education in Canada is a provincial responsibility and there are many variations between the provinces. The federal government's responsibilities in education are limited to the Royal Military College of Canada, and funding the education of indigenous peoples.
1950 Canadian School Train. Pupils attend classes at Nemegos near Chapleau, Ontario.
About one out of ten Canadians does not have a high school diploma – one in seven has a university degree – the adult population that is without a high school diploma is a combination of both immigrant and Canadian-born. In many places, publicly funded high school courses are offered to the adult population. The ratio of high school graduates versus non diploma-holders is changing rapidly, partly due to changes in the labour market that require people to have a high school diploma and, in many cases, a university degree. Nonetheless, more than 51% of Canadians have a college degree, the highest rate in the world by far.[20] The majority of schools, at 67%, are co-educational.
Canada spends about 5.4% of its GDP on education.[12] The country invests heavily in tertiary education (more than 20 000 USD per student).[21] Recent reports suggest that from 2006 the tuition fees of Canadian universities have increased by 40 percent.[22] Since the adoption of section 23 of the Constitution Act, 1982, education in both English and French has been available in most places across Canada (if the population of children speaking the minority language justifies it), although French Second Language education/French Immersion is available to anglophone students across Canada.
According to an announcement of Canadian Minister of Citizenship and Immigration, Canada is introducing a new, fast-track system to let foreign students and graduates with Canadian work experience become permanent eligible residents in Canada.[23]
Most schools have introduced one or more initiatives such as programs in Native studies, antiracism, Aboriginal cultures and crafts; visits by elders and other community members; and content in areas like indigenous languages, Aboriginal spirituality, indigenous knowledge of nature, and tours to indigenous heritage sites.[24] Although these classes are offered, most appear to be limited by the area or region in which students reside. "The curriculum is designed to elicit development and quality of people's cognition through the guiding of accommodations of individuals to their natural environment and their changing social order"[25]
Subjects that typically get assessed (i.e., language arts, mathematics, and science) assume greater importance than non-assessed subjects (i.e., music, visual arts, and physical education) or facets of the curriculum (i.e., reading and writing versus speaking and listening).[26]
Some scholars view academics as a form of "soft power" helping to educate and to create positive attitudes,[27] although there is criticism that educators are merely telling students what to think, instead of how to think for themselves, and using up a large proportion of classroom time in the process.[28][29] Efforts to keep students happy and socially conscious often come at the expense of academic achievement. Social promotion policies, grade inflation, lack of corrective feedback for students, teaching methods that slow the development of basic skills compared to past decades, reform mathematics, and failure to objectively track student progress have collectively forced high schools and colleges to lower their academic standards.[30][31][32]
Divisions by religion and language[edit]
The Constitution of Canada provides constitutional protections for some types of publicly funded religious-based and language-based school systems.
The Constitution Act, 1867 contains a guarantee for publicly funded religious-based separate schools, provided the separate schools were established by law prior to the province joining Confederation. Court cases have established that this provision did not apply to Nova Scotia, New Brunswick, Manitoba, British Columbia, and Prince Edward Island, since those provinces did not provide a legal guarantee for separate schools prior to Confederation. The provision did originally apply to Ontario, Quebec, Saskatchewan, Alberta, and Newfoundland and Labrador, since these provinces did have pre-existing separate schools. This constitutional provision was repealed in Quebec by a constitutional amendment in 1997, and for Newfoundland and Labrador in 1998. The constitutional provision continues to apply to Ontario, Saskatchewan and Alberta. There is a similar federal statutory provision which applies to the Northwest Territories.
Section 23 of the Canadian Charter of Rights and Freedoms guarantees the right of citizens who were educated in the minority language in a particular province to have their children educated in the minority language in publicly funded schools. In practice, this guarantee means that there are publicly funded English schools in Quebec, and publicly funded French schools in the other provinces and the territories.
Quebec students must attend a French school up until the end of high school unless one of their parents qualifies as a rights-holder under s.23 of the Charter. In Ontario, French language schools automatically admit students recognized under section 23 of the Canadian Charter of Rights and Freedoms and may admit non-francophone students through the board's admissions committee consisting of the school principal, a school superintendent and a teacher.
Length of study[edit]
Most education programs in Canada begin in kindergarten (age five) or grade one (age six) and go to grade twelve (age 17 or 18), except in Quebec, where students finish a year earlier. After completion of a secondary school diploma, students may go on to post-secondary studies.
Authorities[edit]
Normally, for each type of publicly funded school (such as Public English or Public French), the province is divided into districts (or divisions). For each district, board members (trustees) are elected only by its supporters within the district (voters receive a ballot for just one of the boards in their area). Normally, all publicly funded schools are under the authority of their local district school board. These school boards would follow a common curriculum set up by the province the board resides in. Only Alberta allows public charter schools, which are independent of any district board. Instead, they each have their own board, which reports directly to the province.
Pre-university[edit]
Primary education and secondary education combined are sometimes referred to as K-12 (Kindergarten through Grade 12). Secondary schooling, known as high school, collegiate institute, école secondaire or secondary school, consists of different grades depending on the province in which one resides. Furthermore, grade structure may vary within a province or even within a school division and may or may not include middle school or junior high school.
Kindergarten (or its equivalent) is available for children in all provinces in the year they turn five (except Ontario and Quebec, where it begins a year earlier), but the names of these programs, provincial funding, and the number of hours provided varies widely. For example, the Department of Education in Nova Scotia refers to Kindergarten as Grade Primary.[33]
Ontario offers two years of optional kindergarten (junior kindergarten for four-year-olds and senior kindergarten for five-year-olds). At French schools in Ontario, these programs are called Maternelle and Jardin.[34] In 2010, Ontario increased both years to full-day programs, while BC's single year of kindergarten became full-day in 2012. Quebec offers heavily subsidized preschool programs and introduced an early kindergarten program for children from low-income families in 2013. Students in the Prairie provinces are not required by statute to attend kindergarten. As a result, kindergarten often is not available in smaller towns.
Dependent on the province the age of mandatory entry to the education system is at 4–7 years. Starting at grade one, at age six or seven, there is universal publicly funded access up to grade twelve (age seventeen to eighteen), except in Quebec, where secondary school ends one year earlier. Children are required to attend school until the age of sixteen (eighteen in Manitoba, Ontario, and New Brunswick). In Quebec, the typical high school term ends after Secondary V/Grade eleven (age sixteen to seventeen); following this, students who wish to pursue their studies to the university level have to attend college (see Education in Quebec). Quebec is currently the only province where Grade 12 is part of postsecondary, though Grade 11 was also the end of secondary education in Newfoundland and Labrador prior to the introduction of grade 12 in 1983.
Ontario had a "Grade 13" known as Ontario Academic Credit (OAC) year, but this was abolished in 2003 by the provincial government to cut costs. As a result, the curriculum has been compacted, and the more difficult subjects, such as mathematics, are comparatively harder than before. However, the system is now approximately equivalent to what has been the case outside of Quebec and Ontario for many years.
Students may continue to attend high school until the ages of 19 to 21 (the cut-off age for high school varies between provinces). Those 19 and over may attend adult school. Students of high school age who have received long-term suspensions or have been expelled, or are otherwise unable or unwilling to attend conventional schools may be offered alternative learning options to complete their secondary education, such as drop-in programs, night school, or distance/online classes.
An increasing number of international students are attending pre-university courses at Canadian high schools.
History[edit]
Main article: History of education in Canada
Post-secondary education[edit]
See also: Higher education in Canada, U15 (universities), List of universities in Canada, and List of colleges in Canada
2005-2006 Canadian university enrollment in various subjects [35]
Post-secondary education in Canada is also the responsibility of the individual provinces and territories. Those governments provide the majority of funding to their public post-secondary institutions, with the remainder of funding coming from tuition fees, the federal government, and research grants. Compared to other countries in the past, Canada has had the highest tertiary school enrollment as a percentage of their graduating population.[36]
Nearly all post-secondary institutions in Canada have the authority to grant academic credentials (i.e., diplomas or degrees). Generally speaking, universities grant degrees (e.g., bachelor's, master's or doctorate degrees) while colleges, which typically offer vocationally oriented programs, grant diplomas and certificates. However, some colleges offer applied arts degrees that lead to or are equivalent to degrees from a university. Private career colleges are overseen by legislative acts for each province. For example, in British Columbia training providers will be registered and accredited with the (PCTIA) Private Career Training Institutions Agency regulated under the Private Career Training Institutions Act (SBC 2003) [37] Each province with their own correlating agency. Unlike the United States, there is no "accreditation body" that oversees the universities in Canada. Universities in Canada have degree-granting authority via an Act or Ministerial Consent from the Ministry of Education of the particular province.
Post-secondary education in Quebec begins with college following graduation from Grade 11 (or Secondary V). Students complete a two- or three-year general program leading to admission to a university, or a professional program leading directly into the labour force. In most cases, bachelor's degree programs in Quebec are three years instead of the usual four; however, in many cases, students attending a university in Quebec that did not graduate from college must complete an additional year of coursework. When Ontario had five years of high school, a three-year bachelor's degree was common, but these degrees are being phased out in favour of the four-year degree.
The main variation between the provinces, with respect to the universities, is the amount of funding they receive and the amount of tuition and other fees they charge.
The Royal Military College of Canada (RMC), is the military academy of the Canadian Forces and is a full degree-granting university. RMC is the only federal institution with degree-granting powers.
Private schools[edit]
About 5.6% of students are in private schools.[38] A minority of these are elite private schools, which are attended by only a small fraction of students, but do have a great deal of prestige and prominence. A far larger portion of private schools are religious based institutions. Private schools are also used to study outside the country. For example, Canadian College Italy has an Ontario curriculum, but the school is located in Italy.
Private schools have historically been less common on the Canadian Prairies and were often forbidden under municipal and provincial statutes enacted to provide equality of education to students regardless of family income. This is especially true in Alberta, where successive Social Credit (or populist conservative) governments denounced the concept of private education as the main cause of denial of opportunity to the children of the working poor.
Private universities[edit]
In the past, private universities in Canada maintained a religious history or foundation. However, since 1999, the Province of New Brunswick passed the Degree Granting Act[39] allowing private universities to operate in the Province.[40][41] The University of Fredericton is the newest university to receive designation in New Brunswick.
Trinity Western University, in Langley British Columbia, was founded in 1962 as a junior college and received full accreditation in 1985. In 2002, British Columbia's Quest University became the first privately funded liberal arts university without a denominational affiliation (although it is not the first private liberal arts university). Many provinces, including Ontario and Alberta, have passed legislation allowing private degree-granting institutions (not necessarily universities) to operate there.
Many Canadians remain polarized on the issue of permitting private universities into the Canadian market. On the one hand, Canada's top universities find it difficult to compete with the private American powerhouses because of funding, but on the other hand, the fact that the price of private universities tends to exclude those who cannot pay that much for their education could prevent a significant portion of Canada's population from being able to attend these schools.
In addition to the issue of access, some Canadians find issue with protections instituted within the Charter of Rights and Freedoms as ruled by the Supreme Court of Canada in 2001 and consistent with federal and provincial law that (private) faith-based universities in Canada based on the long established principles of freedom of conscience and religion can exempt itself from more recent human rights legislation when they insist in their “community covenant” code signed by staff, faculty and students that they act in accordance with the faith of the school. The covenant may require restraint from those acts considered in contradiction with the tenets of their faith such as homosexual relationships, sex outside marriage or more broadly abstain from consuming alcohol on campus or viewing pornography.[42] However, private-Christian based schools do not preclude homosexual or lesbian students from attending.[43] Some faith-based universities have been known to fire staff and faculty which refused to adhere or whose actions were in opposition with the tenets of the faith, although in some provinces, their dismissals have been successfully challenged in court based on the circumstances.[44]
Religious schools[edit]
Each province deals differently with private religious schools. In Ontario the Catholic system continues to be fully publicly funded while other faiths are not. Ontario has several private Jewish, Muslim, and Christian schools all funded through tuition fees. Since the Catholic schools system is entrenched in the constitution, the Supreme Court has ruled that this system is constitutional. However, the United Nations Human Rights Committee has ruled that Ontario's system is discriminatory, suggesting that Ontario either fund no faith-based schools, or all of them.[45] In 2002 the government of Mike Harris introduced a controversial program to partially fund all private schools, but this was criticized for undermining the public education system and the program was eliminated after the Liberals won the 2003 provincial election.
In other provinces privately operated religious schools are funded. In British Columbia the government pays independent schools that meet rigorous provincial standards up to 50% of the per-student operating cost of public schools. The province has a number of Sikh, Hindu, Christian, and Muslim schools. Alberta also has a network of charter schools, which are fully funded schools offering distinct approaches to education within the public school system. Alberta charter schools are not private and the province does not grant charters to religious schools. These schools have to follow the provincial curriculum and meet all standards, but are given considerable freedom in other areas. In all other provinces private religious schools receive some funding, but not as much as the public system.
An example of how schools can be divided by religion, Toronto has two English boards; Toronto Catholic District School Board and Toronto District School Board, and two French boards; Conseil scolaire de district catholique Centre-Sud and Conseil scolaire Viamonde.
History of religious schools[edit]
Main article: History of education in Canada § religious schools
Levels in education[edit]
Canada outside Quebec[edit]
As the education system in Canada is managed by the varying provincial governments in Canada, the way the educational stages are grouped and named may differ from each region, or even between districts and individual schools. The ages are the age of the students when they end the school year in June.
Early childhood education
Junior Kindergarten or Pre-Kindergarten (ages 3–5) (Ontario only)[46]
Grade Primary or Kindergarten (ages 5–6)
Elementary education
Grade 1 (ages 6–7)
Grade 2 (ages 7–8)
Grade 3 (ages 8–9)
Grade 4 (ages 9–10)
Grade 5 (ages 10–11)
Grade 6 (ages 11–12)
Grade 7 (ages 12–13) (outside Ontario, most provinces and territories group grades 7, 8 and 9 into junior high, others include grade 5 or 6 through grade 8 into middle school, in B.C. high school starts in Grade 8)
Grade 8 (ages 13–14)
High School
Grade 9 (ages 14–15)
Grade 10 (ages 15–16)
Grade 11 (ages 16–17)
Grade 12 (ages 17–18)
Grade 12+ (ages 18–21) (Ontario only)b
Tertiary education
College: In Canada, the term college usually refers to a community college or a technical, applied arts, or applied science school. These are post-secondary institutions granting certificates, diplomas, associates degree, and bachelor's degrees.
University: A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is a corporation that provides both undergraduate education and postgraduate education.
Graduate school: A graduate school is a school that awards advanced academic certificates, diplomas and degrees (i.e. master's degree, Ph.D.)
Quebec[edit]
Main article: Education in Quebec
Pre-school ((in French):Garderie); under 5
Kindergarten ((in French):Maternelle); 5-6
Grade School ((in French):école primaire, literally Primary school, equivalent to Elementary School)
Grade 1; 6-7
Grade 2; 7-8
Grade 3; 8-9
Grade 4; 9-10
Grade 5; 10-11
Grade 6; 11-12
High School ((in French): école secondaire, literally Secondary school)grade names
Grade 7/Secondary 1; 12-13
Grade 8/Secondary 2; 13-14
Grade 9/Secondary 3; 14-15
Grade 10/Secondary 4; 15-16
Grade 11/Secondary 5; 16-17
College
Pre-university program, two years (typically Social Sciences, Natural Sciences, or Arts)
Professional program, three years (e.g. Paralegal, Dental Hygienist, Nursing, etc.)
University (Usually requires a College degree (DCS (in French):'DEC) or equivalent)
Undergraduate
Three years for most programs (or four years for Engineering, Education, Medicine, and Law) leading to a Bachelor's degree. Non-Quebec students require an extra year to complete the same degree because of the extra year in college.
Graduate (or postgraduate)
One or two years leading to a Master's degree.
three or more years leading to a Doctoral degree.
English schools in Quebec have the same grade system as French schools, but with English names. For example, "elementary school" is not called "école primaire" in an English school, but has the same grading system.
Grade structure by province[edit]
The following table shows how grades are organized in various provinces. Often, there will be exceptions within each province, both with terminology for groups, and which grades apply to each group.
Alberta
(source) Elementary Junior High Senior High
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
British Columbia
(source)[not in citation given] Primary Intermediate Secondary
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Manitoba[47] Early Years Middle Years Senior Years
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
New Brunswick
(source) Elementary Middle School High School
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Newfoundland and Labrador
(source) Primary Elementary Junior High Senior High
Kindergarten 1 2 3 4 5 6 7 8 9 Level I (10) Level II (11) Level III (12)
Northwest Territories
(source) Primary Intermediate Junior Secondary Senior Secondary
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Nova Scotia
(source) Elementary Junior High Senior High
Primary 1 2 3 4 5 6 7 8 9 10 11 12
Ontario[48] Elementary Secondary
Junior Kindergarten Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
PEI
(source) Elementary Intermediate School Senior High
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Quebec Primary School Secondary School College
Garderie Maternelle 1 2 3 4 5 6 7 (Sec I) 8 (Sec II) 9 (Sec III) 10 (Sec IV) 11 (Sec V) first second third
Saskatchewan
(source[permanent dead link]) Elementary Level Middle Level Secondary Level
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Yukon
(source) Elementary Junior Secondary Senior Secondary
Kindergarten 1 2 3 4 5 6 7 8 9 10 11 12
Notes:
In British Columbia some schools may group together the higher Elementary and lower Secondary Grades. These schools are referred to as Middle Schools or Jr. Secondary Schools. Some Elementary Schools consist solely of grades K-5. Likewise, some Secondary Schools may only have grades 11 and 12. In addition, some school districts may use just elementary (K-7) and secondary (8-12) schools. British Columbia informally subcategorizes the Elementary level into "Primary" (K-3) and "Intermediate" (4-6 or 7).
In Ontario, the terms used in French schooling consist of Maternelle in regards to Junior Kindergarten, Kindergarten is then referred to as Jardin. This differs from Quebec's Maternelle which is the equivalent of Ontario's Kindergarten.
In Manitoba, grade-9 - grade 12 was for a short time referred to as Senior 1-Senior 4;
In Nova Scotia the terms for groups, and grades they apply to varies significantly throughout the province. A common, but not universal, organization is shown.
In Quebec college is two or three years, depending on what a student selects, based usually on what their post-secondary plans are. College in Quebec overlaps what other provinces consider the boundary between secondary education (high school) and post-secondary education (college and university). "Sec I" = "Secondary Year One" = "Grade 7"
In Yellowknife, Northwest Territories, schools are now set up as elementary schools with grades K-5, middle schools with grades 6-8, and high schools with grades 9-12. However, high school graduation requirements only include courses taken in grades 10-12.
In Saskatchewan Elementary school is most often from k-8 and high school from 9-12, High school graduation requirements only taken grades 10-12 and require 24 credits to graduate.
Provincial and Territorial Departments and Ministries[edit]
Provincial and Territorial Departments and Ministries
Provincial Education(Wikipedia)
Provincial Department Or Ministry(External Link)
Education in Alberta Alberta Education
Education in British Columbia Ministry of Education
Education in Manitoba Ministry of Education
Education in New Brunswick Ministry of Education, Ministère de l'Éducation
Education in Newfoundland and Labrador Ministry of Education
Education in Northwest Territories Department of Education, Culture and Employment
Education in Nova Scotia Department of Education
Education in Nunavut Department of Education
Education in Ontario Ministry of Education
Education in Prince Edward Island Department of Education
Education in Quebec Ministère de l'Éducation, du Loisir et du Sport
Education in Saskatchewan Ministry of Education
Education in Yukon Department of Education, Culture and Employment
[49][50]
See also[edit]
Canada portal
Education portal
Book: Canada
Alberta charter schools – (Alberta Diploma Exam)
Canada Book Day
Canadian Education Association
Higher education in Canada
Higher education in Nova Scotia
Higher education in Ontario
Higher education in Quebec
List of Canada-accredited schools abroad
List of colleges in Canada
List of universities in Canada
Ontario rubric
University and college admissions
Footnotes[edit]
^a – Intermediate education may also include the grades 6 and 10, depending on the province. Similarly, some regions may have Grade 9 as the first year of high school.
^b – In Ontario, a student may take up additional years of secondary education, commonly known as a victory lap. There is no legal age or time constraint against victory lapping, with "victory lappers" composing on average of 4% of all students enrolled in Ontario secondary schools each year.[51] Many see this as a result of the phasing out of the OAC year.[52]
^grade names – In most English high schools, the different terms are used interchangeably. In some English high schools, as well as in most French schools, high school students will refer to secondary 1–5 as year one through five. So if someone in Secondary three is asked "what grade/year are you in?" they will reply "three" or "sec 3", or "grade 9". It is presumed that the person asking the question knows that they are referring not to "Grade 3" but "Secondary 3". However, this can be confusing for those who are asking the question from outside of Quebec.
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Jump up ^ 'Victory lap' year carries no stigma. Retrieved November 1, 2009.
Further reading[edit]
Axelrod, Paul. The Promise of Schooling: Education in Canada, 1800-1914 (1997)
Burke, Sara Z., and Patrice Milewski, eds. Schooling in Transition: Readings in Canadian History of Education (2012) 24 articles by experts
Di Mascio, Anthony. The Idea of Popular Schooling in Upper Canada: Print Culture, Public Discourse, and the Demand for Education (McGill-Queen's University Press; 2012) 248 pages; building a common system of schooling in the late-18th and early 19th centuries.
Gidney, R.D. and W.P.J. Millar. How Schools Worked: Public Education in English Canada, 1900-1940 (2011) 552pp; additional details
Harris, Robin S. A history of higher education in Canada, 1663-1960 (1976)
Historiography[edit]
Bruno-Jofré, Rosa. "History of education in Canada: historiographic 'turns' and widening horizons." Paedagogica Historica (2014), Vol. 50 Issue 6, p774-785
External links[edit]
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