James Kent Donlevy - Canada 2020–2022

C ANADA

J. K ent D onlevy & C harles J. R usso

T he
W orld
T oday
S eries

20202022

36th edition

Making its debut as Canada 1985, and annually revised, this book is published by

Rowman & Littlefield

An imprint of The Rowman & Littlefield Publishing Group, Inc.

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Copyright 2022 by The Rowman & Littlefield Publishing Group, Inc.

All rights reserved. This publication, or parts thereof, except for direct quotes with attribution, may not be reproduced without permission in writing from the publisher.

Library of Congress Control Number Available

ISBN 978-1-4758-5629-3 (pbk. : alk. paper)

ISBN 978-1-4758-5630-9 (electronic)

Cover design by Sarah Marizan

Cartographer: William L. Nelson

Typography by Barton Matheson Willse & Worthington

Baltimore, MD 21244

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Dr. J.K. Donlevy

Dr. Donlevy is a Professor and former Associate Dean (interim) of the Graduate Division of Educational Research in the Werklund School of Education at the University of Calgary. He was the Chair of the Research Ethics Appeal Board, and is the Grievance Advisor for the Faculty Association at that University. He teaches ethics and law, is an annual lecturer in the civil litigation course in the Faculty of Law at the University of Alberta, as well as a frequently invited lecturer and debater at the Centre for Constitutional Studies in that Faculty. He has recently presented at the Legal Education Society of Alberta. He has a B.A., B.Ed., M.Ed. (thesis), Ph.D. (Educational Administration), and J.D. (University of Saskatchewan). He has been a Killam scholar and has lectured in both Canada and the United States on constitutional issues involving Canadas Charter of Rights and Freedoms. Most recently, he was an invited lecturer at California State University (Long Beach), where he spoke on Comparative Canadian-American Perspectives on Free Speech, Free Press, and Freedom of Religion in K-12 Education: The Canadian Charter and the First Amendment.

He has been a K-12 teacher in Saskatchewan and Alberta, a school principal, and a negotiator for the Saskatchewan Teachers Federation and the Alberta Teachers Association. He has published over 50 peer-reviewed articles in various jurisdictions (Canada, the United States, the United Kingdom, and Australia), as well as two book on ethics with his colleague Dr. Keith Walker, Working Through Ethics in Education and Leadership, and Dancing on the Narrow Ridge: Superintendents Ethical Decision-Making (2nd ed.). He has co-authored the Guides to Alberta School Law, Saskatchewan School Law, Ontario School Law, and is currently completing, with colleagues, the Guide to Prince Edward Island School Law. His most recent publication is a peer-reviewed article, A Communitys Right to Freedom of Religion: Loyola High School v. Quebec, published in the Supreme Court of Canada Law Review.

His current research project is researching violence in Albertas urban high schools with professors from four other Canadian universities.

He has been a member of the Saskatchewan Law Society since 1985 and, many years ago, litigated cases in provincial court (Sask.), the Court of Queens Bench (Sask.), and the Supreme Court of Canada. He is qualified at the Alberta Court of Queens Bench as an expert witness involving educational law in both constitutional and tortious matters. He is a board member of the Canadian Association for the Practical Study of Law and Education.

Dr. Charles J. Russo

Charles J. Russo, M. Div., J.D., Ed. D., is the Joseph Panzer Chair in Education in the School of Education and Health Sciences, Director of its Ph.D. Program, and Research Professor of Law in the School of Law at the University of Dayton. The 1998-99 President of the Education Law Association, 2002 recipient of its McGhehey (Achievement) Award, and 2021 recipient of the Distinguished Scholar Award from the Religion and Education Special Interest Group of the American Educational Research Association, he authored or co-authored more than 325 articles in peer-reviewed journals; authored, co-authored, edited, or co-edited 74 books, and has more than 1,100 publications. Dr. Russo also speaks extensively on issues in Education Law in the United States and other nations. In addition, he edits two journals and serves on more than a dozen editorial boards.

Along with having spoken in thirty-four states and thirty nations outside of the United States on all six inhabited continents, Russo taught summer courses in England, Spain, and Thailand. He has served as a Visiting Professor at Queensland University of Technology in Brisbane, and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom and Mafeking Campuses of Northwest University, Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; the University of Sao Paulo, Brazil; Yeditepe University, Istanbul Turkey; Inner Mongolia University for the Nationalities, Tongliao, Inner Mongolia; and Peking University and Capital Normal University in Beijing. He is presently a Visiting Professor at the University of Notre Dame of Australia, Faculty of Law, in Sydney,and the College of Education at Capital Normal University in Beijing.

Before joining the Faculty at the University of Dayton as Professor and Chair of the Department of Educational Administration in July 1996, Dr. Russo taught at the University of Kentucky in Lexington, Kentucky, from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for eight and one half-years, both prior to and after graduation from law school. He received a Bachelor of Arts degree in Classical Civilization (1972), Juris Doctor Degree (1983), and Doctor of Education degrees in Educational Administration and Supervision (1989) from St, Johns University in New York City. He received a Master of Divinity degree from the Seminary of the Immaculate Conception in Huntington, New York (1978). He received a Ph.D. Honoris Causa from Potchefstroom University, now the Potchefstroom Campus of Northwest University, in Potchefstroom, South Africa, in May 2004, for his contributions to the field of Education Law.

ACKNOWLEDGMENTS

It is with great gratitude that we thank Dr. Wayne C. Thompson, the former editor of this volume for his stellar work in its preparation of this text. We have relied heavily on his good work. We have also depended on the various official federal and provincial websites as well as major Canadian media sources to update this book.

We also thank Ms. Rhiannon Jones at the University of Calgary for her assistance in the preparation of this volume.