Poste - Canadian Coalition for the Rights of Children

C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N
resources, this research focuses on education in British
Columbia, Saskatchewan, Ontario, Quebec and Nova
Scotia. However, information on education in the other
provinces and territories is included when it was made
available to the project researchers and was relevant to
articles 28 and 29.
A full discussion of issues affecting children with
disabilities, including education, can be found in “Children
With Disabilities: Article 23.” A discussion of school
discipline issues can be found in the corporal punishment
section of “Child Abuse and Neglect: Article 19.”
Background
Section 93 of Canada’s constitution designates education
as a provincial responsibility. Canada is the only
industrialized country with no national department of
education. 3 Every province and territory has a ministry or
department of education responsible for elementary and
secondary education. Provinces delegate authority for
education to local school boards or other bodies. As
defined in provincial and territorial statutes, the powers
and duties of these elected boards and bodies are generally
consistent throughout Canada. They are responsible for:
• implementation of curricula;
• operation and administration of school systems;
• acquisition of needed financial resources;
• proposals for new construction or other major
expenditures; and
• related staffing responsibilities. 4
The federal government is responsible for education in the
territories as designated in the Northwest Territories Act
and the Yukon Act. The federal government also supports
provincial and territorial efforts to increase educational
language opportunities for French and English minority
communities and for Canadian students to learn English or
French as a second language, as outlined in the Official
Languages Act. 5
In 1867, the federal government enunciated its
responsibility for status Indians, registered Métis and Inuit
in section 91(24) of the Constitution Act. The Indian Act,
first introduced in 1876, continues to outline the federal
government’s legal relationship with registered Indians;
sections 114 to 122 of the Act address the schooling of
children.
Article 28: The Right to Education
In Canada, over five million children attend elementary
and secondary schools, with five percent of that total
78
attending private schools. 6 There are 14,981 elementary
and secondary schools in the country: 10,314 English,
1,419 bilingual and 3,248 French. Most schools (9,797)
are in an urban setting, while 5,184 are rural schools. 7
Children from age five, six or seven (depending on the
jurisdiction) to age 16 are obligated to attend school. All
provinces have made it an offence in either education or
labour legislation to employ a student during school
hours.
In most jurisdictions, public education begins with
kindergarten for five-year-olds, followed by elementary
school for five (Saskatchewan), six (in eight provinces/
territories), seven (British Columbia) or eight years
(Ontario and Manitoba). Secondary schools usually
continue from the end of elementary education to the
twelfth year (except in Quebec, where it ends at Grade
11.) Eight provinces and territories include a junior high
school or middle school between elementary and
secondary levels, usually lasting three years. 8
All children are entitled to free public education until the
end of secondary school, which is usually completed by
18 years of age. (Young people with special needs are
entitled to attend school up to the age of 21 in most
jurisdictions.) In Quebec, collèges d’enseignement
général et professionnel (cégeps) provide a tuition-free
intermediate level of education for two years between
secondary school and university. Students in Quebec
must complete a cégep program in order to qualify for
university entrance. Cégeps also offer three-year career
and technical programs similar to those provided by
community colleges elsewhere in Canada.
Education legislation in some provinces promotes the
rights and interests of certain minority groups. For
example, Nova Scotia supports heritage education for
Mi’kmaq and African-Canadian children. New
Brunswick has some special programming for Mi’kmaq
and Maliseet children. The Yukon provides for the
instruction of Aboriginal languages.
Early School Leaving
In contrast to the 1980s when only 66 percent of young
people completed high school, approximately 86 percent
of students complete high school today, either directly
without study interruption or as returning students. 9
Secondary school participation rates have increased for
16- to 18-year-olds.