CASE 1: Following a confrontation between a 16 year-old student and a phys-ed. teacher, during noon-hour activities, the student refused to obey the teacher’s order to leave the gymnasium and report to the office. When the teacher attempted to grab the student’s arm, the student forcefully pushed the teacher away. The teacher then grabbed the student, wrestled him to the floor and applied a hammer-lock, which he then used to escort the student to the office. THE TEACHER WAS CHARGED WITH ASSAULT. WAS HE CONVICTED?
CASE 2: After being convicted of importing pornographic literature and possessing a narcotic, a teacher receives a letter from the Minister of Education saying his teaching certificate has been revoked. DOES HE HAVE GROUNDS FOR GETTING IT BACK?
CASE 3: A principal is told a student has drugs in his possession. He calls the student into his office, reaches into the student's pant cuff and finds some marijuana. At trial, the student’s lawyer argues that the drugs cannot be used as evidence because they were found in an illegal search. DOES A PRINCIPAL HAVE LEGAL AUTHORITY TO SEARCH A STUDENT’S PERSON?
CASE 4: A large urban public school board passed a resolution which effectively banned the use of three books as learning resources for kindergarten and grade one students. The three books, Asha’s Mums , Belinda’s Bouquet and One Dad, Two Dads, Brown Dad, Blue Dads , depicted children with same-sex parents. The subject matter of the books was deemed to be “sensitive” and likely to cause parental concern. Can this school board effectively ban these books because they find the subject matter to be too controversial for their “taste”?
CASE 5: A physical education teacher permits a 16 year-old student to go to a separate room to work out on the "rings." The teacher clearly and forcefully orders the student to do nothing without his spotter in position. The student falls and breaks his neck attempting a reverse straddle dismount in the absence of the spotter. IS THE TEACHER LEGALLY RESPONSIBLE FOR THE INJURY? IS THE BOARD? THE STUDENT?
CASE 6: A Catholic high school in London, Ontario censored the school’s yearbook after discovering that a number of “inappropriate” comments appeared as nicknames, favourite sayings, most embarrassing moments, etc. relating to 36 graduating students. Offending comments were simply “Blacked-out” in each of the 600 yearbooks for which students/parents had paid $35. Can the school exercise this type of censorship?
CASE 7: A teacher takes a photo of his wife, who is also a teacher employed by the same school board, and sends it to a “man’s” magazine, which prints it. She is [much] less than fully clothed in the picture. The board and some parents are [much] less than impressed. Both teachers are suspended without pay. CAN THE BOARD DISCIPLINE THE TEACHERS BECAUSE IT DOES NOT APPROVE OF THEIR “OUT OF SCHOOL” ACTIVITIES?
CASE 8: A Grade 12 student attending a Catholic separate school informs his principal that he is gay and will be bringing his boyfriend to the Grad Dance as his “date.” The principal informs the school board, which passes a resolution banning the student and his date from the Grad Dance. CAN THE BOARD DO THIS?
CASE 9: A student and her parents are shocked to learn, after educational testing, that the student, a high school graduate, has only grade 5 level reading and math skills. CAN THEY SUCCESSFULLY SUE THE STUDENT'S TEACHERS AND THE SCHOOL BOARD FOR FAILING TO EDUCATE THEIR DAUGHTER?
A bussed student attending a rural Saskatchewan school was disciplined because he sang a song to the School Division’s Assistant Director, knowing that the Assistant Director would be offended by this song. The incident occurred during the noon hour and off school property. CAN THE SCHOOL DISCIPLINE A STUDENT FOR BEHAVIOUR THAT OCCURRED OUTSIDE OF SCHOOL TIME AND OFF SCHOOL PROPERTY?
As recognized by the Court in its reasons for judgement
What questions did the Court have to answer?
Ratio decidendi :
The judicial reasoning which led to the decision of the Court
Obiter dicta :
"Things [statements] by the way" - judicial 'asides,' opinions or reasoning on facts or issues which are somewhat different than those before the Court (e.g., "If Ms. Pringle had actually knocked out the student's front teeth I would have concluded that the force used was excessive; however, the teeth in question were only loosened, therefore . . . ."
What decision was reached by the majority of the Court?
What was the reasoning of dissenting judge(s), if any?