Creating a Professional Standard of Moral Conduct for Canadian Teachers: A Work in Progress

Abstract

The Charter of Rights and Freedoms protects the rights of all Canadians. Historically, Canadian legislation has allowed denominational schools to exercise the rights of the group over the individual rights of teachers. Denominational doctrine is used as a bona fide definition of moral conduct in these situations. In public schools, the standards of moral behaviour are less clear. In this article I investigate the role of the local community in setting moral standards for public schools by reviewing several court cases. I suggest that public school teachers may best protect their human rights by asserting their professional status through collective bargaining and peer review.

Challenges in Fostering Ethical Knowledge as Professionalism within Schools as Teaching Communities

“…They offer several examples of successful union initiatives including support for a school self-evaluation that implies judgmental and perhaps critical assessment of teachers' work. Similarly, Covert (1993) proposes the idea of establishing peer tribunals and peer review to address specifically the moral conduct of teachers; he argues, ''Teachers as professionals should have a greater say in defining the moral standards of the profession and should have greater control over the discipline of professional misconduct'' (pp. 443-444).…”

Canadian Courts, Constitution, Charter and Catholic Schools: Intersecting Powers

“…Therefore, critical rulings on important cases have distinct impact and influence within a diverse Canadian Catholic education system. Covert (1993) identified Section 29 of the Charter because it was an important to the human rights of teachers. Section 29 reaffirmed the rights of certain denominational schools previously granted under Section 93 of the British North America Act.…”

“…According to Covert (1993) it is unusual for a provincial court to ignore rulings from another provincial jurisdiction (p. 4). This is why for this study the authors have chosen to select cases from across Canada, despite a focus upon the impact of these decisions within the Ontario Catholic system.…”

“…The specified schools can exercise their rights to maintain the religious integrity of their programs. Covert (1993) further explained that neither the freedom of conscience and religion clause nor the equality rights clause, will be interpreted so as to strike down existing constitutional rights respecting the establishment and state financing of schools operated on a religious basis.…”

“…The Caldwell Case (1980) Covert (1993) claims that the best-known case involving the religious rights of teachers is the Caldwell case (1980). It began in 1979 prior to passage of the Charter in 1982, and was tried under the British Columbia (provincial) Code of Human Rights, eventually reaching the Supreme Court of Canada.…”