Teachers and the Law: Diverse Roles and New Challenges, 3rd Edition

Teachers and the Law: Diverse Roles and New Challenges, 3rd Edition
Emond Publishing
Page Count:
Publication Date:
April 2013
Educational Law

NOTE: Please visit Teachers and the Law: Diverse Roles and New Challenges, 4th Edition for the latest edition.


Teachers and the Law: Diverse Roles and New Challenges, 3rd Edition, is also available as an ebook. To inquire about pricing for your firm or organization, please contact Debbie Hogan or call 1-888-837-0815 ext. 239.

Teachers and the Law, Third Edition is one of the few books of its kind which teachers and school administrators can turn to for up-to-date, accessible, comprehensive and helpful advice on virtually every legal issue they may face. The teacher’s role is placed in a broader context regarding the right to freedom of expression, the school’s investigative role and the obligations to report child abuse. Every major issue is addressed with thoughtful analysis regarding the current case law and relevant legislation. It provides an essential guide for educators to better understand and effectively navigate complex and demanding legal issues in Canadian schools.

— Eric M. Roher, Borden Ladner Gervais

This successful and widely used publication has been thoroughly updated in this third edition, reflecting recent court cases such as Moore v. British Columbia (Education) and A.B. v. Bragg Communications Inc., two landmark Supreme Court of Canada decisions released in 2012, which significantly impact the areas of special education and cyberbullying, respectively.

The authors, legal experts in education, human rights, and media law, bring together a vast array of practical material gathered through their legal practices, involvement with educational task forces and human rights tribunals, and their interaction with teachers and administrators.

From the growing presence and influence of technology to such issues as bullying, privacy, copyright, equality rights, and liability, this book is designed to address the laws that affect Canada's classrooms.

  • NEW: Includes a brand new chapter, "The Role of Technology in the Classroom and Beyond," and a chapter with a new focus on "Teachers as Guardians of Equality."
  • NEW: Provides updated information on school violence, bullying, and cyberbullying.
  • NEW: Presents enhanced and thoroughly updated coverage of such timely issues as copyright, social media, and First Nations.
  • NEW: Covers important recent court cases, such as the Moore decision, and their impact.
  • NEW: Includes a new, free instructor's resource package (test bank, PowerPoint presentations, and in-class role-playing exercises).
  • NEW: Includes a table of court cases mentioned in the text.
  • Explains negligence and liability issues for teachers.
  • Examines the implications for teachers of the Criminal Code's sexual abuse provisions.
  • Explains the impact that constitutional law has on the expanding role of the teaching profession, highlighting the importance of section 93 of the Constitution Act, 1867 and its legislative authority over education for the provinces.
  • Tackles the challenging issue of special-needs education and equality.
  • Provides guidelines for making and enforcing school rules.
  • Discusses the Youth Criminal Justice Act and, using case-law examples, examines the roles that teachers play, including that as agent of the police.
  • Examines the labour and employment rights and duties of teachers.

Brief Table of Contents

  • Preface to the Third Edition
  • Table of Cases
  • Chapter 1: Introduction
  • Chapter 2: Teachers as Parents
  • Chapter 3: Teachers as Educational State Agents
  • Chapter 4: Teachers as Guardians of Equality
  • Chapter 5: Teachers as Agents of the Police
  • Chapter 6: Teachers as Social Welfare Agents
  • Chapter 7: Teachers as Employees
  • Chapter 8: Teachers and Technology
  • Epilogue: Concluding Thoughts on New Challenges Facing the Modern Teacher
  • Index

Detailed Table of Contents

Chapter 1: Introduction to the Legal Framework

  • Constitutional Basis of Law
  • Specific Sources of School Law
  • Related Sources of Education Law
  • Legal Procedures and Related Matters
  • Legal Role and Status of Teachers
  • Modern-Day Roles of Teachers
  • Notes

Chapter 2: Teachers as Parents

  • Liability for Accidents at School
    • Negligence Principles
    • Vicarious Liability
    • Application of Negligence Principles in the School
  • Liability for Corporal Punishment in Schools
  • Sexual Interference and Invitation to Sexual Touching: The Teacher's Liability
  • Duty to Prevent Sexual Abuse
  • Religion
  • Educational Malpractice
  • Summary
  • Notes

Chapter 3: Teachers as Educational State Agents

  • State Agent Defined
  • Application of Section 32 of the Charter
  • The Nature of Charter Rights and Litigation
    • Application of the Charter to Plaintiff and Defendant
    • Breach of Rights
    • Section 1 of the Charter
    • Remedies
    • Teachers' Role
  • Students' Rights Under the Charter
    • Fundamental Freedoms: Section 2 of the Charter
  • Enforcing School Rules in the Wake of the Charter
    • Rule Making
    • Enforcing Rules
    • Penalizing for Breach of Rules
  • Summary
  • Notes

Chapter 4: Teachers as Guardians of Equality

  • Introduction
  • Human Rights Tribunals as an Alternate Route to Equality: The Landmark Moore Case
  • Disability, Special Education, and Inclusion
    • Access to Schools
    • Appropriate and Meaningful Education
    • Related Services
    • Balancing Limited Resources: The Limits of Reasonable Accommodation
  • Other Equality Issues
    • Sex
    • Age
    • Race and Multiculturalism
    • Religion as Proxy for Culture: New Challenges of Diversity and Multiculturalism
    • Sexual Orientation
    • Bullying, School Violence, and Vulnerable Students
  • Concluding Thoughts on Schools as Guardians of Equality
  • Notes

Chapter 5: Teachers as Agents of the Police

  • The Juvenile Delinquents Act
  • The Young Offenders Act
  • The Youth Criminal Justice Act
    • Declaration of Principle
    • Age Limitation
    • Extrajudicial Measures
    • Detention Before Sentencing
    • Detention
    • Right to Counsel
    • Sentencing
    • Custodial Dispositions
    • Interference with Dispositions
  • A School's Investigative Role
    • Arrest and Detention
    • Search and Seizure
    • Personal Searches
    • Searches of Lockers and Other Places
    • Dragnet Searches
    • Informational Searches
  • Questioning Students and the Admissibility of Statements
    • Persons in Authority
    • Informing Youths of Their Rights
    • Consultation with an Appropriate Adult
    • Summary: Questioning Students
  • Citizen's Arrest
  • Student Records and the Youth Criminal Justice Act
  • Competing Interests: Attempts at Resolution
  • Summary
  • Notes

Chapter 6: Teachers as Social Welfare Agents

  • Teachers as YCJA Rehabilitation Counsellors
    • Identification of Young Offenders
  • Teachers as Social Workers
    • Reporting Child Abuse
    • School Attendance
  • Teachers as Child Advocates
  • Teachers as Family Mediators
    • Physical Access to the Child at School
    • Decisions About a Child's Education
    • Access to Information About the Child's Education
  • Teachers as Paramedics
  • Summary
  • Notes

Chapter 7: Teachers as Employees

  • Labour Law
  • Stress: The Inclusive Classroom and Other Challenges
    • Stress Generally
    • Occupational Safety
    • Risk Management
    • Parental Harassment
    • Defamation as a Response to Harassment
  • Legal Rights of Teachers
    • Freedom of Religion
    • Religious Holidays for Teachers
    • Freedom of Expression
    • Personal Views and Lifestyle
    • Privacy in the Internet Age
  • Freedom of Association
  • Equality Rights
    • Age
    • Physical Disability
    • Sex
    • Sexual Orientation
  • Dismissal for Denominational Cause
  • Procedural Rights
    • Procedural Safeguards in a Disciplinary Context
    • Procedural Rights Under the Charter
    • Duty of Fair Representation
  • Sexual Misconduct in Schools
  • Summary
  • Notes

Chapter 8: The Role of Technology in the Classroom and Beyond

  • Introduction
  • Information Technology: Social Media and Electronic Communication
    • Use by Teachers
    • Use by Students
  • Copyright
    • What Is Copyright?
    • Who Owns Copyright?
    • How Is Copyright Infringed?
    • Are There Exceptions to Infringement?
    • What's New in the Copyright Act?
  • Intellectual Property in Materials Prepared by Teachers
  • Summary
  • Notes

Epilogue: Concluding Thoughts on New Challenges Facing the Modern Teacher

Table of Cases


Prices and Formats

Teachers and the Law: Diverse Roles and New Challenges, 3rd Edition

Format: Print
Cover: Softcover
Colour: One Colour
Status: Available

Price: $87.00