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1872-1878 -John Jessop - First BC Superintendent of Education

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1872-1878 -John Jessop - First BC Superintendent of Education

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It is important to note the influence of Egerton Ryerson on Jessop's ideas about education. Ryerson was one of the fathers' of Residential Schools.

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1872-1878 -John Jessop - First BC Superintendent of Education

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1872-1878 -John Jessop - First BC Superintendent of Education

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1969 The partnership between the government and churches ends, and the federal government takes over the Residential School System. Transfer of control of the schools to Indian bands begins.

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1969 The partnership between the government and churches ends, and the federal government takes over the Residential School System. Transfer of control of the schools to Indian bands begins.

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The first government report about Indian Education in this place now known as Canada.

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1889 Allegations of physical and sexual abuse at Rupert's Land School in Manitoba 

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1889 Allegations of physical and sexual abuse at Rupert's Land School in Manitoba 

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A law put in place until 1951 taking it against the law for Indigenous people to participate in the ceremonial practice of the potlatch and sun dance.

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A display of goods to be given away at a potlatch at Yalis (Alert Bay), ca. 1900. Photograph by William Halliday. BC Archives H-03976.

Potlatches are times of song, ritual, dance and ceremony, and are the context in which ceremonial masks are seen and performed. The potlatch, especially the Kwakwaka'wakw potlatch, is famous for its theatricality and symbolism, and for various reasons has become emblematic of Northwest Coast culture.

In a broad sense, the potlatch is a gift giving feast practiced by Northwest Coast First Nations in Canada and the U.S. The feasts are held on the occasion of births, deaths, adoptions, weddings, and other rite-of-passage events (Harkin 2001). At a potlatch, the hosts display masks and other hereditary possessions, recite the origin of the rights these objects represent and the history of their transmission, and bestow new ranks and names upon the member now entitled to use them. The ceremony is completed by a distribution of gifts, which are really payments to the guests. The guests, or witnesses', role at a potlatch is to validate the new status of the individual by providing a public witnessing (Cole and Chaikin 1990: 5). The feasts are closely associated with the winter months, as food and wealth were traditionally gathered in the warmer summer months. A diversity of different coastal cultures each practice their own version of the potlatch and have different names for it. The word comes from the Chinook jargon, a lingua franca practiced among coastal peoples and early traders. Potlatch means "to give away" or "a gift" and is derived from the Nuu-chah-nulth word paɬaˑč (Harkin 2001).
It is a time for pride - a time for showing the masks and dances owned by the Chief or host giving the potlatch. It is a time for joy. "When one's heart is glad, he gives away gifts. Our Creator gave it to us, to be our way of doing things, to be our way of rejoicing, we who are [Kwakwaka'wakw]. Everyone on earth is given something. The potlatch was given to us to be our way of expressing joy." - Elder Agnes Axu Alfred (Quoted from Living Tradition Virtual Exhibit, 2016).
The potlatch is much more than a gift giving feast. It was once the primary economic system of Coastal First People (Jonaitis 1991), and although no longer the primary economic system, it is intricately woven into the social fabric of coastal societies. These events display and legitimate class, rank, privilege, kinship, and marriage (Cole and Chaikin 1990: 12). One of the most important aspects of the potlatch is to pass on a family's rights, privileges, and inheritances. This includes rights to land, property, fishing holes, berry patches, hunting grounds, and beach fronts. The gifts and inheritances distributed at such feasts include tangible objects (hats, blankets, dance aprons, coppers, masks, painted house fronts and carved posts), and intangible wealth (rights to specific dances, songs, stories and the right to display animal crest designs). After contact with Europeans these gifts were supplemented with goods acquired through trade including metal dishes and tools, European jewelry, flour, sugar, and cash. In the contemporary potlatch goods vary widely and include both handmade and store bought items.

Masks surrendered under duress by the Kwakwaka'wakw people after Chief Dan Cranmer's potlatch in 1921. Photographer unknown. Royal British Columbia Museum, PN 12191.

Integral to the meaning of the potlatch today, especially among the Kwakw ak a'wakw and other Coastal First Nations, is the Canadian governments banning of the ceremony through legal means. Potlatching was made illegal in 1885, and the prohibition was not lifted until 1951 (Cole and Chaikin 1990). Such attempts at suppression were not new. Missionaries and federal officials had been trying to ban the custom since they first arrived in British Columbia. The lobbying of the federal government to legislate the ban, can be seen as evidence of just how ineffective their initial attempts at suppression were (Ibid: 14). The purpose of the ban was explicit. It ws intended to stamp out aboriginal people and their culture. Coastal First Nations were persecuted, chiefs and noblewomen were jailed for practicing their culture, masks were confiscated, Big Houses were torn down, and ceremonial objects were burned (Joseph 1998: 26).

The Canadian government's ban on potlatching came to a head at Christmas in 1921 when Dan Cranmer held the largest potlatch recorded on the coast of British Columbia at the village of ʼMimkwa̱mlis (Village Island). Federal authorities caught wind of the event and forty-five people were arrested. The participants were given a choice of either surrendering their potlatch regalia- to prevent them from having future potlatches-or going to jail. Twenty-two people went to jail (U'mista 2015). The confiscated collection of masks, rattles, and other treasured regalia and family heirlooms totaled over 600 pieces. The treasures were transported out in the open by boat and were exhibited as trophies on benches in Parish Hall of the Anglican Church in Alert Bay. This was particularly difficult for the Kwakw ak a'wakw as the items were considered sacred, and strict tradition required that they be stored away and out of sight when not in use (U'mista 2015).

"And my uncle took me to the Parish Hall, where the Chiefs were gathered. Od a n picked up a rattle and spoke, 'We have come to say goodbye to our life,' then he began to sing his sacred song. All of the Chiefs, standing in a circle around their regalia were weeping, as if someone had died." (James Charles King, at Alert Bay, 1977) (Quoted from Living Tradition Virtual Exhibit, 2016).

Kwaxalanukwame', Odan, Chief Johnny Drabble. Photograph by William Halliday. Royal BC Museum, PN 12195

The Indian Agent, William Halliday, displayed the confiscated goods in the Anglican Parish Hall at Yalis (Alert Bay) and charged an admission price. Collectors came to see the masks and add photographs of regalia to their personal collections. Halliday also sold 33 items to Mr. George Heye, of New York, who would later found the Museum of the American Indian (now the National Museum of the American Indian). Most of the collection was then crated and divided between the Victoria Memorial Museum (now the Canadian Museum of History) and the Royal Ontario Museum.

For many years potlatches continued to be held in secret by people of the Northwest Coast with hopes that the Potlatch Ban would be repealed. In 1951, Section 149 of the Indian Act was deleted and people of the Northwest Coast were able to hold potlatches in public. The first held after the repeal was hosted by Mungo Martin, in Victoria, BC (Cole 1990). However, those who have had their families belongings confiscated have not forgotten and many are still looking to have them returned home.

Masks surrendered under duress by the Kwakwaka'wakw people after Chief Dan Cranmer's potlatch in 1921. Photograph by Rev. V. Lord, 1922. Royal British Columbia Museum, PN 12189.

Please visit this beautifully designed and informative website for more informaiton on the Kwakwaka'wakw potlatch and the Potlatch Colleciton. While there you can virtually tour the colleciton in high resolution 3D.

Work Cited
Cole, Dougalas and Ira Chaikin
1990 An Iron Hand Upon the People: The Law Against the Potlatch on the Northwest Coast. Vancouver: Dougalas and McIntyre.

Harkin, Michael E.
2001 Potlatch in Anthropology, International Encyclopedia of the Social and Behavioral Sciences, Neil J. Smelser and Paul B. Baltes, eds., vol 17, pp. 11885-11889. Oxford: Pergamon Press

Jonaitis, Aldona
1991 Chiefly Feasts: The Enduring Kwakiutl Potlatch. University of Washington Press 1991

Umista Cultural Society
2015 Living Tradition: The Kwakwaka'wakw Potlatch of the Northwest Coast. The Virtual Museum of Canada. http://umistapotlatch.ca/nos_masques_come_home-our_masks_come_home-eng.php

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The Potlatch Ban - The Bill Reid Centre - Simon Fraser University

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A display of goods to be given away at a potlatch at Yalis (Alert Bay), ca. 1900. Photograph by William Halliday. BC Archives H-03976. Potlatches are times of song, ritual, dance and ceremony, and are the context in which ceremonial masks are seen and performed.

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This act requires that all Indian males over the age of 21 who can speak, read, and write English or French will be “enfranchised,” meaning that they must renounce their Indian status and become a British subject.

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An Act to Encourage the Gradual Civilization of the Indian Tribes in the Province was passed by the fifth Parliament of the Province of Canada (formally Upper Canada and Lower Canada) in 1857. The Gradual Civilization Act, as it came to be known, was part of a state effort to use government policy to assimilate Indigenous peoples to the economic and social customs of European settler society.

Description

The Gradual Civilization Act sought to assimilate Indigenous peoples (then referred to as " Indians") by encouraging enfranchisement, and adherence to the European concept of private land ownership and wealth accumulation. Under the Act, a debt-free, "educated Indian," who was of "good moral character," could apply for a land grant from the federal government. At the time, colonial administrators believed that Indigenous people would benefit from individualized property rights, despite provisions in the Royal Proclamation of 1763 (issued by King George III), which recognized Indigenous land rights. Indigenous people were expected to relinquish their treaty rights voluntarily, to be replaced by land parcelled out for homesteading and voting privileges, which were already constrained under the restrictive definitions of who was eligible to participate in full citizenship rights at the time.

Policy of "Civilization"

There was internal debate between the respective colonies in British North America on how to best deal with the issue of Indigenous peoples and their ancestral rights. Some historians have argued that civilization did not necessarily mean assimilation for colonial administrators. Ultimately, the British policy of "civilization" was a result of cost and expediency. However, some historians argue that cost was not necessarily the main motivation for defining who was an "Indian" or civilization policy. In pursuing an official act of enfranchisement in 1857, the colonial arm of the British Empire sought to remove the rights of Indigenous peoples, and aimed to set a framework by which this diverse population might be culturally absorbed, or assimilated, into settler populations.

Imperial Laws

The Gradual Civilization Act served as one indicator of the expansionist agenda of the growing Canadian state, which was on the verge of federation in the late 1850s. The 1857 Act set a precedent for further paternalistic laws, like the Gradual Enfranchisement Act of 1869, which also sought to regulate Indigenous self-determination. These Acts would be consolidated under the in 1876, which subsumed existing imperial laws and officially sidestepped the rights of Indigenous peoples under the Royal Proclamation of 1763. The fact that only one person voluntarily franchised under the Gradual Civilization Act suggests that Indigenous response to the colonial law was unfavourable. Efforts to assimilate Indigenous peoples to Euro-Canadian culture were always met with resistance on behalf of Indigenous people and their communities.

Controversy

The Gradual Civilization Act, the treaty system, and other pre- and post- Confederation laws have been heavily criticized for their coercive nature, inherent racism and lack of regard for the sovereignty of Indigenous peoples, who were widely diverse in their political, economic and culture practices across the continent. This Act, and other policies like it, treated Indigenous people like children, seeking to diminish their power in order to fulfill the expansionist desires of the growing Canadian state. Many have argued, among them Indigenous peoples, historians and critical theorists, that the larger effort to strip Indigenous peoples of their rights under these repressive policies represented cultural genocide. Residential schools are considered one of the many tragic and damning examples of efforts to purge Indigenous identity to serve the purposes of Canadian state formation.

Significance

The Gradual Civilization Act was one of the concluding acts of the British imperial administration over their remaining colonies in North America, which had become a costly burden for the ageing empire. In the concert of colonization, strains of liberal humanitarianism informed paternalistic efforts to script Indigenous communities to act in accordance with the concept of Christian agriculturalist settlement. This law reflects the nature of colonial policies seeking to discourage Indigenous peoples from expressing their social and cultural customs and values. This coercive policy of "civilization" would be pursued by the state and society - government officials, Christian missionaries and regular citizen - well into the 20th century, and would result in the loss and shaming of some of the constitutive parts of Indigenous identity and social cohesion.

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An Act to Encourage the Gradual Civilization of the Indian Tribes in the Province was passed by the fifth Parliament of the Province of Canada (formally Upper Canada and Lower Canada) in 1857. The Gradual Civilization Act, as it came to be known, was part of a state effort to use government policy to assimilate Indigenous peoples to the economic and social customs of European settler society.

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1995 - The Conseil scolaire francophone (CSF) officially established in BC

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1995 - The Conseil scolaire francophone (CSF) officially established in BC

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1972- Indian Control of Indian Education Report 

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1972- Indian Control of Indian Education Report 

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1969 - White Paper/ Red Paper - Federal policy proposed to abolish "Indian Status" in Canada

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1969 - White Paper/ Red Paper - Federal policy proposed to abolish "Indian Status" in Canada

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Indigenous leaders' response to the White Paper: The Red Paper - https://www.ictinc.ca/blog/the-red-paper-a-counter-punch-to-the-white-paper

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1849 - Reverend Honore Timothy Lempfrit established Victoria’s first Catholic school 

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1849 - Reverend Honore Timothy Lempfrit established Victoria’s first Catholic school 

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The first school in was established in 1849. Although itself was established in 1843, white settlement did not begin in earnest until the Colony of Vancouver Island was founded six years later. Many historians have commented upon the "fairly rigid class structure" that characterized the 's Bay Company. One's rank within the company determined one's social standing and it was inconceivable that children of different classes would mix in a common school. As Barman notes, "In the new colony as in , education was perceived as having two prime functions: preparation to maintain existing place within the social order, and inculcation of denominational religious beliefs." Therefore, the first school established was a " " for the children of the senior managers within the company. The Reverend Robert Staines was an Anglican cleric who arrived from on and was expected to take care of the spiritual and educational welfare of the new colony. He was assisted in his educational duties by his wife. He received a salary from the Company of $1700 a year for maintaining a fee-based boarding school as well as $1000 a year for serving as chaplain.
Common Schools
Two years later it was decided that the privilege of an education should not be restricted solely to the upper classes and Governor Douglas recommended the establishment of a school for "the children of the laboring and poorer classes." As a British colony, this school was to provide "a good sound English education and nothing more" and was to be run by an individual "of strictly religious principles". A company labourer by the name of Charles Bailey was hired to be teacher and in 1852 Vancouver Island 's first common school opened. Despite receiving government funding, students were required to pay a $5 annual fee towards the teacher's salary as well as provide their own books and supplies. Originally housed in temporary quarters, this common school moved to the first purpose-built schoolhouse in Minie's Plain just outside of in 1853. That same year the 's second common school opened in , and the third common school would open in the Company's agricultural settlement of Craigflower near two years later. 1855 was also the year that the Reverend Edward Cridge arrived in to take over as chaplain and headmaster from Rev. Staines. Expected not only to "take charge of a Boarding School of a superior class" he was also appointed Superintendent of Schools for the Colony of Vancouver Island. In November 1856, Cridge reported to Governor Douglas that the common school in Victoria was attended by seventeen boys, aged 6-15, whereas the common school in Craigflower is attended by twenty-one pupils, both male and female, aged 4-16.

The distinction between company, colonial, and common schools can be confusing although it depends on what era is being referred to in order to differentiate between them. The " " refers to the elite boarding school first established in 1849 for the upper-class employees of the HBC. "Common schools" are like our modern day public schools in that there are publically funded and in 1865 the Common School Act was passed. Therefore, any school established before this date was often called a " " although this term could also characterize any school established prior to 1871 - the date entered Confederation.
Catholic Education in BC
The was not the only school established in 1849. All the schools mentioned so far fell under the jurisdiction of the HBC and were therefore very British - meaning Anglican - in character. There were many Catholic settlers and employees of the HBC as well and prior to the creation of the Colony of Vancouver Island settlers of the in Oregon Country requested that a priest be sent to their region. This request was answered when Francis Norbert Blanchet and Modeste Demers arrived to oversee the entire territory between the . In Pacific Ocean and the Rocky Mountains Vancouver Island was established on with Modeste Demers in charge. A year later Demers travelled both to The History of Catholic Education in British Columbia Edith E. Downs notes that both priests had specific instructions to establish schools and catechism classes to ensure the Christian education of youth among other tasks. The diocese of and in order to raise funds and obtain help for his new mission. While he was away, the Reverend Honore Timothy Lempfrit was put in charge and it was he who started 's first Catholic school in 1849. As Lempfrit originally boarded with the family, it is not surprising that this occasion is mentioned by Sir Douglas is one of his colonial reports of 1849.

prosecute his ministry among the natives of Vancouver Island , was received

nearly all our French Canadians are living outside (the fort)."

After Father Lempfrit left in 1851, Catholic education was sporadic at best until the arrival of the Sisters of St. Ann in 1858. Responding a request for service put forth by Bishop Demers, the Sister's arrived in a "tent city" instead of an isolated fort as expected. The gold rush had struck and permanently altered the flavor of . When asked during the journey if the Sisters too were attempting to seek their fortune, Sister Mary Angele replied no and "they were astonished that we were concerned not about gold but only for the welfare of society by devoting our lives to the education of youth." The rustic conditions and lack of resources necessitated the lack of class division: Blacks, Caucasians, Aboriginals, elite, poor, Catholics, Protestants, Jews all sat next to each other on the rough-hewn planks that were used instead of desks. However, as the town grew and the Sister's school expanded, more class divisions and race divisions manifested (See Beginnings - " for young ladies run by the Sisters. The First Ten Years). Commencing in 1859 a series of advertisements were placed in the Weekly British Colonist by Bishop Demers announcing the opening of a "
Common School Act 1865 -1869
This " " was not the first of its kind in and a quick scan of the early issues of the British Colonist will reveal many advertisements for similar private institutions. Before education was regulated by the government, any one could become a teacher and anyone could open a school. However, this system did not sit well with the editor of the British Colonist, Amor de Cosmos, who as an outsider from , would regularly complain against the 's "Family-Company-Compact". In one of his editorials published he put forth an argument for the creation of a Noting that despite the creation of the Colonial School, Victoria has no public system of education and the "tuition fee is a burlesque on the value of a good education." De Cosmos did not wish to interfere with select schools; he only wanted to extend the opportunity of education to all children for "There is something noble - morally sublime, in a country so providing for the instruction of its youth, that none, however poor or unfortunate, need grow up untaught." This opinion was shared by a significant enough portion of the population that by 1865 the campaign led by de Cosmos resulted in the creation of the and in . Common School Act. Providing for free, non-sectarian education this Act was an important turning point in the history of education on the
Post 1869
Repealed by the 1869 entered Confederation in 1871 the "deteriorating educational and economic situation of the last half-dozen years had amply reconfirmed the need for free non-denominational school." According to the Common School Ordinance, this new Act did not specifically state that education was to be free and non-sectarian. By the time British Colonist, this was one of the key issues in the creation of a new provincial legislature and "no candidate, be his private opinion what they might, volunteered to say a word against this form of education." In 1872, the Public School Act was established. This allowed schools to be funded through revenue from the Province and created school districts. A Board of Education and School Superintendent were also appointed. The objective of this act was "to give every child in the Province such knowledge as will fit him to become a useful and intelligent citizen in after years."

Denominational schools had been recognized when entered Confederation and thus became part of the provincial system. However, with the passing of the 1872 act, the request for funding for any type of religious or non-public school was firmly rejected. Public opinion supported this stance as illustrated by a letter in the Colonist from April 1872.

"Now to establish a denominational school in such a community is nothing more than to keep up the caste divisions in a country where "Jack is as good as his master" - where are we suppose to ignore the old fogey teaching of the old country where children are taught to regard the squire and the parson with dreadful and deferential awe."

Not until over one-hundred years later would the province extend official recognition and financial support to private schools.

List of Objectives:
"evangelize the natives.

Down, Edith E. , The History of Catholic Education in British Columbia, 1847-1900, CCHA, StudySessions, 50 (1983), 569-90. , 7.

< http://www.umanitoba.ca/colleges/st_pauls/ccha/Back%20Issues/CCHA1983-84/Down.pdf

Sister Mary Angele, Journal, 3.

Amor de Cosmos, "National Education", The Weekly British Colonist, .

Amor de Cosmos, "National Education", The Weekly British Colonist, .

Shirley Cuthbertson, A Highlight History of British Columbia Schools from Royal BC Museum, Online Exhibits, Thunderbird Park, Schoolhouse Display. , <http://www.royalbcmuseum.bc.ca/exhibits/tbird-park/main.htm?lang=eng>

"Citizen", Letter to the Editor, Colonist, .

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The first school in was established in 1849. Although itself was established in 1843, white settlement did not begin in earnest until the Colony of Vancouver Island was founded six years later. Many historians have commented upon the "fairly rigid class structure" that characterized the 's Bay Company.

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1871 BC joins the Canadian Confederation

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1871 BC joins the Canadian Confederation

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1849-"The “Company School” refers to the elite boarding school first established for the upper-class employees of the HBC" in Victoria

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1849-"The “Company School” refers to the elite boarding school first established for the upper-class employees of the HBC" in Victoria

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"As Barman notes, “In the new colony as in England, education was perceived as having two prime functions: preparation to maintain existing place within the social order, and inculcation of denominational religious beliefs.”[2]  Therefore, the first school established was a “Company School” for the children of the senior managers within the company."  Quote taken from https://web.uvic.ca/vv/student/SistersStAnn/documents/Education.html

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The first school in was established in 1849. Although itself was established in 1843, white settlement did not begin in earnest until the Colony of Vancouver Island was founded six years later. Many historians have commented upon the "fairly rigid class structure" that characterized the 's Bay Company. One's rank within the company determined one's social standing and it was inconceivable that children of different classes would mix in a common school. As Barman notes, "In the new colony as in , education was perceived as having two prime functions: preparation to maintain existing place within the social order, and inculcation of denominational religious beliefs." Therefore, the first school established was a " " for the children of the senior managers within the company. The Reverend Robert Staines was an Anglican cleric who arrived from on and was expected to take care of the spiritual and educational welfare of the new colony. He was assisted in his educational duties by his wife. He received a salary from the Company of $1700 a year for maintaining a fee-based boarding school as well as $1000 a year for serving as chaplain.
Common Schools
Two years later it was decided that the privilege of an education should not be restricted solely to the upper classes and Governor Douglas recommended the establishment of a school for "the children of the laboring and poorer classes." As a British colony, this school was to provide "a good sound English education and nothing more" and was to be run by an individual "of strictly religious principles". A company labourer by the name of Charles Bailey was hired to be teacher and in 1852 Vancouver Island 's first common school opened. Despite receiving government funding, students were required to pay a $5 annual fee towards the teacher's salary as well as provide their own books and supplies. Originally housed in temporary quarters, this common school moved to the first purpose-built schoolhouse in Minie's Plain just outside of in 1853. That same year the 's second common school opened in , and the third common school would open in the Company's agricultural settlement of Craigflower near two years later. 1855 was also the year that the Reverend Edward Cridge arrived in to take over as chaplain and headmaster from Rev. Staines. Expected not only to "take charge of a Boarding School of a superior class" he was also appointed Superintendent of Schools for the Colony of Vancouver Island. In November 1856, Cridge reported to Governor Douglas that the common school in Victoria was attended by seventeen boys, aged 6-15, whereas the common school in Craigflower is attended by twenty-one pupils, both male and female, aged 4-16.

The distinction between company, colonial, and common schools can be confusing although it depends on what era is being referred to in order to differentiate between them. The " " refers to the elite boarding school first established in 1849 for the upper-class employees of the HBC. "Common schools" are like our modern day public schools in that there are publically funded and in 1865 the Common School Act was passed. Therefore, any school established before this date was often called a " " although this term could also characterize any school established prior to 1871 - the date entered Confederation.
Catholic Education in BC
The was not the only school established in 1849. All the schools mentioned so far fell under the jurisdiction of the HBC and were therefore very British - meaning Anglican - in character. There were many Catholic settlers and employees of the HBC as well and prior to the creation of the Colony of Vancouver Island settlers of the in Oregon Country requested that a priest be sent to their region. This request was answered when Francis Norbert Blanchet and Modeste Demers arrived to oversee the entire territory between the . In Pacific Ocean and the Rocky Mountains Vancouver Island was established on with Modeste Demers in charge. A year later Demers travelled both to The History of Catholic Education in British Columbia Edith E. Downs notes that both priests had specific instructions to establish schools and catechism classes to ensure the Christian education of youth among other tasks. The diocese of and in order to raise funds and obtain help for his new mission. While he was away, the Reverend Honore Timothy Lempfrit was put in charge and it was he who started 's first Catholic school in 1849. As Lempfrit originally boarded with the family, it is not surprising that this occasion is mentioned by Sir Douglas is one of his colonial reports of 1849.

prosecute his ministry among the natives of Vancouver Island , was received

nearly all our French Canadians are living outside (the fort)."

After Father Lempfrit left in 1851, Catholic education was sporadic at best until the arrival of the Sisters of St. Ann in 1858. Responding a request for service put forth by Bishop Demers, the Sister's arrived in a "tent city" instead of an isolated fort as expected. The gold rush had struck and permanently altered the flavor of . When asked during the journey if the Sisters too were attempting to seek their fortune, Sister Mary Angele replied no and "they were astonished that we were concerned not about gold but only for the welfare of society by devoting our lives to the education of youth." The rustic conditions and lack of resources necessitated the lack of class division: Blacks, Caucasians, Aboriginals, elite, poor, Catholics, Protestants, Jews all sat next to each other on the rough-hewn planks that were used instead of desks. However, as the town grew and the Sister's school expanded, more class divisions and race divisions manifested (See Beginnings - " for young ladies run by the Sisters. The First Ten Years). Commencing in 1859 a series of advertisements were placed in the Weekly British Colonist by Bishop Demers announcing the opening of a "
Common School Act 1865 -1869
This " " was not the first of its kind in and a quick scan of the early issues of the British Colonist will reveal many advertisements for similar private institutions. Before education was regulated by the government, any one could become a teacher and anyone could open a school. However, this system did not sit well with the editor of the British Colonist, Amor de Cosmos, who as an outsider from , would regularly complain against the 's "Family-Company-Compact". In one of his editorials published he put forth an argument for the creation of a Noting that despite the creation of the Colonial School, Victoria has no public system of education and the "tuition fee is a burlesque on the value of a good education." De Cosmos did not wish to interfere with select schools; he only wanted to extend the opportunity of education to all children for "There is something noble - morally sublime, in a country so providing for the instruction of its youth, that none, however poor or unfortunate, need grow up untaught." This opinion was shared by a significant enough portion of the population that by 1865 the campaign led by de Cosmos resulted in the creation of the and in . Common School Act. Providing for free, non-sectarian education this Act was an important turning point in the history of education on the
Post 1869
Repealed by the 1869 entered Confederation in 1871 the "deteriorating educational and economic situation of the last half-dozen years had amply reconfirmed the need for free non-denominational school." According to the Common School Ordinance, this new Act did not specifically state that education was to be free and non-sectarian. By the time British Colonist, this was one of the key issues in the creation of a new provincial legislature and "no candidate, be his private opinion what they might, volunteered to say a word against this form of education." In 1872, the Public School Act was established. This allowed schools to be funded through revenue from the Province and created school districts. A Board of Education and School Superintendent were also appointed. The objective of this act was "to give every child in the Province such knowledge as will fit him to become a useful and intelligent citizen in after years."

Denominational schools had been recognized when entered Confederation and thus became part of the provincial system. However, with the passing of the 1872 act, the request for funding for any type of religious or non-public school was firmly rejected. Public opinion supported this stance as illustrated by a letter in the Colonist from April 1872.

"Now to establish a denominational school in such a community is nothing more than to keep up the caste divisions in a country where "Jack is as good as his master" - where are we suppose to ignore the old fogey teaching of the old country where children are taught to regard the squire and the parson with dreadful and deferential awe."

Not until over one-hundred years later would the province extend official recognition and financial support to private schools.

List of Objectives:
"evangelize the natives.

Down, Edith E. , The History of Catholic Education in British Columbia, 1847-1900, CCHA, StudySessions, 50 (1983), 569-90. , 7.

< http://www.umanitoba.ca/colleges/st_pauls/ccha/Back%20Issues/CCHA1983-84/Down.pdf

Sister Mary Angele, Journal, 3.

Amor de Cosmos, "National Education", The Weekly British Colonist, .

Amor de Cosmos, "National Education", The Weekly British Colonist, .

Shirley Cuthbertson, A Highlight History of British Columbia Schools from Royal BC Museum, Online Exhibits, Thunderbird Park, Schoolhouse Display. , <http://www.royalbcmuseum.bc.ca/exhibits/tbird-park/main.htm?lang=eng>

"Citizen", Letter to the Editor, Colonist, .

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The first school in was established in 1849. Although itself was established in 1843, white settlement did not begin in earnest until the Colony of Vancouver Island was founded six years later. Many historians have commented upon the "fairly rigid class structure" that characterized the 's Bay Company.

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1853 First Common (public) school established in Victoria for the children of the labourer and poorer classes

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1853 First Common (public) school established in Victoria for the children of the labourer and poorer classes

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See also: https://web.uvic.ca/vv/student/SistersStAnn/documents/Education.html

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The school was located at Minie's Plain, near the site of present day Central Junior High/Middle School in Victoria, between Fort Street and Yates Street in the Victoria's Fernwood District.

The building was used as primary school from 1853 to the early 1870s. Subsequently, it accommodated Victoria High School (1876 to 1882). The simple wooden structure was used briefly for Victoria's boys' elementary school, before it was demolished sometime in the mid-1880s.

Since no photographs of the original structure exist, this image is the best we have. It's based on a drawing made in 1917 by a former pupil. The provenance of this image was described by Professor Peter L. Smith in his book, Come Give a Cheer!

"An engaging local historian named Edgar Fawcett wrote in 1917 to an old school chum, Mr. Ernest Leigh, by then a resident of San Francisco, to ask if he could provide a description of the school. Leigh replied at once with a memory sketch of the Colonial School, reproduced in the Daily Colonist on May 6, 1917. Leigh's sketch ... has become, by default, the official portrait of British Columbia's first high school."

This image has also become, by default, the official portrait of British Columbia's first public school!

Edgar Fawcett (1847 - 1923) left a vivid account of the school in his memoir, Some Reminiscences of Old Victoria: �After you left Blanchard Street, the way to the school was by a pathway through the woods�and very pretty the woods looked in summer. The school and grounds were covered by spreading oaks, which covered that part of the city, or country as it was then called, and it was under these trees we sat with the girls and ate our lunch or rested in the shade after our innings at ball. Wild flowers, that now are found miles away, were found there in profusion.�

A cairn and a bronze plaque, erected c. 1953, mark the site of the school today. The inscription on the plaque reads: "The Educational system of British Columbia had its origins on this site. Here in 1853 the first colonial common school-house was erected...."

As the monument indicates, the site is also significant to the history of post-secondary education in Victoria. "In 1903, Education at the university level began with the establishment of the Victoria College in the high school [on this site]...." Victoria College evolved into the University of Victoria (1963).

References: D. L. MacLaurin, "Education Before the Gold Rush," British Columbia Historical Quarterly, Vol. 2 (October 1938); Edgar Fawcett, Reminiscences of Old Victoria, (Victoria: 1912), Peter L. Smith, Come Give a Cheer! One Hundred Years of Victoria High School, 1876-1976, (Victoria: Victoria High School Celebrations Committee, 1976). Image: British Columbia Archives PDP01597

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The school was located at Minie's Plain, near the site of present day Central Junior High/Middle School in Victoria, between Fort Street and Yates Street in the Victoria's Fernwood District. The building was used as primary school from 1853 to the early 1870s. Subsequently, it accommodated Victoria High School (1876 to 1882).

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Log cabin constructed in Victoria by a French Canadian employee of the HBC (situated on Humboldt Street).

1846

The Oregon Treaty establishes the 49th parallel as the international boundary between
the United States and British territory. The HBC moves its operations from Fort Vancouver to Fort Victoria.

1847

Modeste Demers ordained Bishop of Vancouver Island.

1848

The Institute of the Sisters of Saint Ann was founded in Quebec by Marie Esther Blondin.

1849

The Colony of Vancouver Island is established by the British Government.

1849

A Catholic school was established in Fort Victoria under the guidance of the Reverend Honore Timothy Lempfrit, O.M.I. (The school lasted until October 8, 1851 when Father Lempfrit left for the Cowichan Valley.)

1849

"Company School" was established in Fort Victoria under the guidance of Reverend and Mrs. Staines who arrived from England on March 17th. However, the school building provided by the HBC was not officially opened to students until January 23, 1850.

1852

"Common School" established in Fort Victoria for "the children of the laboring and poor classes."

1853

First purpose-built schoolhouse opens in Minie's Plain, near Victoria.

1853

Log cabin purchased by another French Canadian, Leon Morrells. (When his wife dies, his daughter Emily becomes the first orphan border at the school).

1855

Craigflower common school established by the HBC, building still in existence today.

1856

Bishop Modeste Demers first meets the Sisters of St. Ann at Lachine, Quebec. (All thirty-eight nuns of the order volunteer to travel to Victoria with the Bishop although only four are chosen.)

1858

Log Cabin purchased by Bishop Demers for $500

1858

The Bishop and the four sisters arrive in Victoria. Classes begin immediately.

1858

The mainland Colony of British Columbia is created.

1858

Additions to the log cabin: chapel completed, renovations on the convent, and a new bell in the 12-foot belfry.

1859

Twenty-two year-old Sister Mary Providence arrives in Victoria and begins her duties as Superior of the Sister's of St. Ann accompanied by Sister Mary Bonsecours.

1859

Select School opens up on Broad Street.

1860

School moved to a new brick building on View Street. The View Street Convent was built at a cost of $5000 and will renovated three years later in order to accommodate boarders and day students.

1863

St. Louis College for boys established in Victoria by the Oblate Fathers.

1863-1864

Log cabin briefly used as a dormitory for boys.

1864

Sisters establish the Cowichan Convent School in Quamichan, BC for aboriginal girls.

1865

St. Ann's Academy established in New Westminster, BC.

1865

Common School Act established on Vancouver Island.

1866

The Colonies of Vancouver Island and British Columbia are amalgamated to create the single Colony of British Columbia.

1869

Common School Ordinance established

1871

Entry into Confederation

1871

St. Ann's Academy established at its present location in Victoria.

1872

Public Schools Act established. This allowed schools to be funded through revenue from the Province. School districts were created, and a Board of Education and School Superintendent were also appointed. The objective of this act was "to give every child in the Province such knowledge as will fit him to become a useful and intelligent citizen in after years."

1876

St. Joseph's Hospital established by the Sister's of St. Ann in Victoria.

1858-1876

The Sister's of St. Ann ran an orphanage alongside their girl's boarding school.

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Log cabin constructed in Victoria by a French Canadian employee of the HBC (situated on Humboldt Street). 1846 The Oregon Treaty establishes the 49th parallel as the international boundary between the United States and British territory. The HBC moves its operations from Fort Vancouver to Fort Victoria.

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1960- Approximately 10,000 students are attending 60 schools across the country.

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1960- Approximately 10,000 students are attending 60 schools across the country.

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1958- Indian Affairs regional inspectors recommend abolition of residential schools.

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1958- Indian Affairs regional inspectors recommend abolition of residential schools.

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2019- Final report of the Nation Inquiry of Missing and Murdered Inidgenous women and girl 

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2019- Final report of the Nation Inquiry of Missing and Murdered Inidgenous women and girl 

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See also: https://www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Supplementary-Report_Genocide.pdf

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Reclaiming Power and Place

The National Inquiry's Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada's staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.
The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.
As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.

Supplementary report: Quebec

The National Inquiry is simultaneously releasing a report specific to Quebec in order to give particular attention to the issue of violence against Indigenous women and girls in that province. The report outlines specific issues such as language barriers, health and social services provide by religious congregations and interaction with Indigenous and provincial police forces.

Download PDF

Section 1 of the report, made up of Chapters 1-4, sets up the overall context that will be helpful for readers in approaching the information presented in the later sections of the report. In Section 1, we talk about the role of relationships, human and Indigenous rights, the history of colonization, and how each of these contexts can inform our understanding of the issue of violence against First Nations, Inuit, and Métis women, girls, and 2SLGBTQQIA people.
Chapter 1: Centring Relationships to End Violence
Chapter 2: Indigenous Recognitions of Power and Place
Chapter 3: Emphasizing Accountability through Human Rights Tools
Chapter 4: Colonization as Gendered Oppression

Overwhelmingly, the families who testified before the National Inquiry were seeking answers to perceived flaws in the investigations into the loss of their loved ones.

They discussed many ways in which they felt that police services had failed in their duty to properly investigate the crimes committed against them or their loved ones, leading ultimately to a failure to obtain closure and justice within the existing system. In response, the National Inquiry established the Forensic Document Review Project (FDRP), consisting of two teams conducting a review of police and other related institutional files. One team examined files of the Province of Quebec; the second group examined police files in all other provinces and territories throughout the rest of Canada. In this summary, when we refer to the FDRP, we are referring specifically to this second group. Information and recommendations of the Quebec FDRP are located in the Supplementary Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls devoted to Quebec. The purpose of the FDRP was to identify potential systemic barriers or problems and areas of weakness relating to the protection of Indigenous women, girls, and 2SLGBTQQIA people, and to make recommendations to the National Inquiry into Missing and Murdered Indigenous Women and Girls about the systemic causes of their disappearances and deaths.

During the course of the project, the Forensic Document Review Project (FDRP), which was tasked with examining files outside of Quebec, obtained and reviewed 174 files and 35 previous reports and studies on policing related to Indigenous women, girls, and 2SLGBTQQIA people, and analyzed publicly available information related to those files.

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The National Inquiry's Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada's staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

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2015- Final report of the Truth and Reconciliation Commission 

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2015- Final report of the Truth and Reconciliation Commission 

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See also https://nctr.ca/

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The Truth and Reconciliation Commission (TRC) provided those directly or indirectly affected by the legacy of the Indian Residential Schools system with an opportunity to share their stories and experiences.

About the Truth and Reconciliation Commission

The Indian Residential Schools Settlement Agreement, the largest class-action settlement in Canadian history, began to be implemented in 2007. One of the elements of the agreement was the establishment of the Truth and Reconciliation Commission of Canada to facilitate reconciliation among former students, their families, their communities and all Canadians.

The official mandate (PDF) of the TRC is found in Schedule "N" of the Settlement Agreement which includes the principles that guided the commission in its important work.

Between 2007 and 2015, the Government of Canada provided about $72 million to support the TRC's work. The TRC spent 6 years travelling to all parts of Canada and heard from more than 6,500 witnesses. The TRC also hosted 7 national events across Canada to engage the Canadian public, educate people about the history and legacy of the residential schools system, and share and honour the experiences of former students and their families.

The TRC created a historical record of the residential schools system. As part of this process, the Government of Canada provided over 5 million records to the TRC. The National Centre for Truth and Reconciliation at the University of Manitoba now houses all of the documents collected by the TRC.

In June 2015, the TRC held its closing event in Ottawa and presented the executive summary of the findings contained in its multi-volume final report, including 94 "calls to action" (or recommendations) to further reconciliation between Canadians and Indigenous Peoples.

In December 2015, the TRC released its entire 6-volume final report. All Canadians are encouraged to read the summary or the final report to learn more about the terrible history of Indian Residential Schools and its sad legacy.

To read the reports, please visit the National Centre for Truth and Reconciliation website.

The Truth and Reconciliation Commission's final report

The Truth and Reconciliation Commission's Final Report is a testament to the courage of each and every Survivor and family member who shared their story.

As part of the Indian Residential Schools Settlement Agreement, Prime Minister Justin Trudeau accepted the Final Report of the Truth and Reconciliation Commission on behalf of Canada.

The Government of Canada continues to be committed to a renewed nation-to-nation relationship with Indigenous Peoples based on recognition of rights, respect, co-operation and partnership. The Government of Canada will work closely with provinces, territories, First Nations, the Métis Nation, Inuit groups and church entities to implement recommendations of the TRC and further reconciliation to the benefit of all Canadians. This will include the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

The Government of Canada also recognizes that true reconciliation goes beyond the scope of the commission's recommendations. The Prime Minister announced that Canada will work with leaders of First Nations, the Métis Nation, Inuit, provinces and territories, parties to the Indian Residential School Settlement Agreement, and other key partners, to design a national engagement strategy for developing and implementing a national reconciliation framework, informed by the Truth and Reconciliation Commission's recommendations.

As an important step in rebuilding Canada's relationship with Indigenous Peoples, the Prime Minister of Canada met with leaders of the National Indigenous Organizations on December 16, 2015, in Ottawa to continue the dialogue on reconciliation. At that meeting, the Prime Minister committed to National Indigenous Organizations that he would meet with them annually in order to sustain and advance progress on shared priorities.

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Truth and Reconciliation Commission of Canada

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The Truth and Reconciliation Commission (TRC) provided those directly or indirectly affected by the legacy of the Indian Residential Schools system with an opportunity to share their stories and experiences. The Indian Residential Schools Settlement Agreement, the largest class-action settlement in Canadian history, began to be implemented in 2007.

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2008- Prime Minister Stephen Harper apologizes on behalf of Canada to Survivors of the Residential School System.

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2008- Prime Minister Stephen Harper apologizes on behalf of Canada to Survivors of the Residential School System.

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School District 27 Residential Schools and Reconciliation

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Canadian Federal Government Apology to First Nations

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2008- As part of the IRSSA, the Truth and Reconciliation Commission of Canada (TRC) is launched.

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2008- As part of the IRSSA, the Truth and Reconciliation Commission of Canada (TRC) is launched.

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2006- The federal government, legal representatives of former students, the Assembly of First Nations, Inuit representatives, and churches sign the Indian Residential School Settlement Agreement (IRSSA). The IRSSA is contentious to some, and does not represent Survivors of all schools.

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2006- The federal government, legal representatives of former students, the Assembly of First Nations, Inuit representatives, and churches sign the Indian Residential School Settlement Agreement (IRSSA). The IRSSA is contentious to some, and does not represent Survivors of all schools.

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2005- AFN National Chief Phil Fontaine announces a class action lawsuit against the Government of Canada over the legacy of the residential schools.

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2005- AFN National Chief Phil Fontaine announces a class action lawsuit against the Government of Canada over the legacy of the residential schools.

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1996- The last federally-run residential school—the Gordon Indian Residential School in Punnichy, Saskatchewan closes.

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1996- The last federally-run residential school—the Gordon Indian Residential School in Punnichy, Saskatchewan closes.

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1996- The Final Report of the Royal Commission on Aboriginal Peoples is released. It calls for a public inquiry into the effects of residential schools upon generations of First Peoples.

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1996- The Final Report of the Royal Commission on Aboriginal Peoples is released. It calls for a public inquiry into the effects of residential schools upon generations of First Peoples.

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1920- Duncan Campbell Scott, Deputy Superintendant of Indian Affairs, makes residential school attendance compulsory for children between the ages of 7 and 15.

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1920- Duncan Campbell Scott, Deputy Superintendant of Indian Affairs, makes residential school attendance compulsory for children between the ages of 7 and 15.

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1907- Medical Inspector for Indian Affairs, Dr. P.H. Bryce, reports that health conditions in the residential schools are a “national crime.” This is what Cindy Blackstock uses as the foundation of her work today. 

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1907- Medical Inspector for Indian Affairs, Dr. P.H. Bryce, reports that health conditions in the residential schools are a “national crime.” This is what Cindy Blackstock uses as the foundation of her work today. 

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See the work of Dr. Cindy Blackstock: legal fight agains the Federal government for the rights of Indigenous children in Canada  https://fncaringsociety.com/

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1892- The Federal government and certain Christian churches enter into a formal agreement to operate residential schools.

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1892- The Federal government and certain Christian churches enter into a formal agreement to operate residential schools.

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1883- Following recommendations made in the Davin Report, Sir John A. Macdonald authorizes creation of residential schools in the Canadian West.

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1883- Following recommendations made in the Davin Report, Sir John A. Macdonald authorizes creation of residential schools in the Canadian West.

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1879- The Davin Report recommends the creation of a system of industrial schools where children are intentionally separated from their parents to reduce the influence of the “wigwam”. Written by Edgar Ryerson 

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1879- The Davin Report recommends the creation of a system of industrial schools where children are intentionally separated from their parents to reduce the influence of the “wigwam”. Written by Edgar Ryerson 

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1876 The Indian Act is enacted and gives government exclusive right to create legislation regarding Indians and Indian lands. This act identifies who is an Indian and establishes related legal rights.

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1876 The Indian Act is enacted and gives government exclusive right to create legislation regarding Indians and Indian lands. This act identifies who is an Indian and establishes related legal rights.

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1844- The Bagot Commission recommends the establishment of manual labour schools for aboriginal children. 

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1844- The Bagot Commission recommends the establishment of manual labour schools for aboriginal children. 

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1831- Mohawk Indian Residential school opens in Brantford Ontario 

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1831- Mohawk Indian Residential school opens in Brantford Ontario 

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BC School Act - revised version Aug. 17 2022

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BC School Act - revised version Aug. 17 2022

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Copyright (c) Queen's Printer, Victoria, British Columbia, Canada

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2008 - Diversity in BC Schools: A Framework

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2008 - Diversity in BC Schools: A Framework

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Important document published by the BC Ministry of Education on diversity in schools

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1993 - First edition of the Parents' Handbook on Inclusive Education in BC

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1993 - First edition of the Parents' Handbook on Inclusive Education in BC

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"On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations."

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Implementing the United Nations Declaration on the Rights of Indigenous People Act

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Implementing the United Nations Declaration on the Rights of Indigenous People Act

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4 countries votes AGAINST UNDRIP: Australia, Canada, New Zealand and the United States

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ERROR: The request could not be satisfied

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2020: Canada Supreme Court Ruling on French-Language Schools in BC

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2020: Canada Supreme Court Ruling on French-Language Schools in BC

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"Children who study in English or French should get the same quality of education, and eight B.C. communities should get French-language schools, the Supreme Court has ruled."

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Conseil scolaire francophone de la Colombie-Britannique v. British Columbia
Children who study in English or French should get the same quality of education, and eight B.C. communities should get French-language schools, the Supreme Court has ruled.
The Canadian Charter of Rights and Freedoms is part of Canada's Constitution. It sets out the rights and freedoms of all Canadians. Some of those Charter rights protect the use of Canada's official languages, English and French. Section 23 of the Charter is about the right to go to school in English or French, even when it's not the main language of the province or territory. It says people whose first language is the minority language, or who went to primary school in that language, can send their kids to school in that language. But there have to be enough children in a community to justify it. Section 23 doesn't say exactly how many children is enough for different levels of services. (For example, their own classrooms, their own schools, or their own school boards.) It also doesn't say how good the education in those schools has to be.

The Conseil scolaire francophone de la Colombie-Britannique is B.C.'s French-language school board. The school board and some parents said B.C. hadn't done enough for French-language schools in the past. It wanted the government to fix school buildings and property and to build new schools because the number of students was going up. It said the government's laws and policies breached the French-speaking community's language rights under section 23. B.C. said there weren't enough students for new schools and that the existing schools were good enough. It also said it would cost too much to provide all the services the school board wanted.

The trial judge said there were enough children for a school in some, but not all, parts of B.C. By not providing those schools, B.C. breached the French-speaking community's rights under section 23. But she said this didn't mean B.C. had to build new schools right away. She said it had to pay $6 million in damages for not funding school buses, though. The Court of Appeal agreed with the trial judge but said the government didn't have to pay the $6 million.

The majority of judges at the Supreme Court of Canada said the lower courts interpreted section 23 of the Charter too narrowly. They said school helps preserve the language and culture of official-language minorities. That's why the right to go to school in the minority language is protected.

The majority set out a way to decide what kinds of programs and services minority-language students should get. In general, it said they should get their own school if the government gave one to the same number of majority-language speakers somewhere in the province. This would promote fairness and make sure public funds are spent wisely. In B.C., it means that there were enough students to justify eight new French-language schools. They said a trial court should decide about one more school.

The majority also said all children deserve the same opportunities. That means that minority- and majority-language students should get the same quality and experience at school. Going to a small school shouldn't mean students get a worse education.

Under section 1 of the Charter, certain rights can be limited. But this is only if the limit is reasonable and can be justified in a free and democratic society. The majority said it would be very difficult to justify a limit for section 23. Section 23 is already limited because the right depends on there being enough students. Plus, it requires the government to spend money on schools. So the majority said that saving money wasn't a good enough reason to justify breaching section 23.

The majority also said governments can't avoid paying damages for decisions based on their policies. This is in order to ensure they respect people's rights. That meant B.C. had to pay the $6 million for not funding school buses. It also had to pay $1.1 million because it hadn't given the school board enough money for rural schools.

This was one of two cases heard during the Supreme Court's visit to Winnipeg, Manitoba in September 2019. It was the first time in history the Court sat outside of Ottawa.
Cases in Brief are prepared by communications staff of the Supreme Court of Canada to help the public better understand Court decisions. They do not form part of the Court's reasons for judgment and are not for use in legal proceedings.

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Children who study in English or French should get the same quality of education, and eight B.C. communities should get French-language schools, the Supreme Court has ruled. The Canadian Charter of Rights and Freedoms is part of Canada's Constitution. It sets out the rights and freedoms of all Canadians.

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2012 - Supreme Court of Canada: The Moore Case (based in BC) & the rights of students with disabilities

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2012 - Supreme Court of Canada: The Moore Case (based in BC) & the rights of students with disabilities

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"The Moore case says that students with disabilities are entitled to receive the accommodation measures they need to access and benefit from the service of public education"

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The Moore Case: Summary of Key Points | Council of Canadians with Disabilities

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CCD is a national human rights organization of people with disabilities working for an accessible and inclusive Canada.

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2010 - Canada signs the UN Convention of Rights of Persons with Disabilities - Article 24 is specifically about access to quality education

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2010 - Canada signs the UN Convention of Rights of Persons with Disabilities - Article 24 is specifically about access to quality education

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See also: http://www.ccdonline.ca/en/international/un/canada/033007

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1970'-1980's- Research supporting integration of neurodivergent and students with mobility challenges into "mainstream classes" 

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1970'-1980's- Research supporting integration of neurodivergent and students with mobility challenges into "mainstream classes" 

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​

​

T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

Y et, while evidence, ethos, and many formalized commitments weigh on the side of inclusion, it remains elusive as a widespread practice in classrooms. Cases of exclusion have been reported in all 60 BC school districts, studies show that inclusive education is not a system-wide reality across the province, and the progress from integration to inclusion cannot yet be regarded as complete.

What will it take for full inclusion? Click here to learn more about the barriers and how the situation can be changed!

​
Inclusive Education Main Page

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History of Inclusive Education in Canada | BC Disability

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​ ​ T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

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1960's - starting to see neurodivergent students and students with mobility challenges as individual. Majority of students are still in segregated classes

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1960's - starting to see neurodivergent students and students with mobility challenges as individual. Majority of students are still in segregated classes

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​

​

T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

Y et, while evidence, ethos, and many formalized commitments weigh on the side of inclusion, it remains elusive as a widespread practice in classrooms. Cases of exclusion have been reported in all 60 BC school districts, studies show that inclusive education is not a system-wide reality across the province, and the progress from integration to inclusion cannot yet be regarded as complete.

What will it take for full inclusion? Click here to learn more about the barriers and how the situation can be changed!

​
Inclusive Education Main Page

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History of Inclusive Education in Canada | BC Disability

# data[].attributes.attachment_link.description
​ ​ T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

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1800's-1920's - Exclusion of neurodivergent students and students with mobility challenges from schools

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1800's-1920's - Exclusion of neurodivergent students and students with mobility challenges from schools

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​

​

T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

Y et, while evidence, ethos, and many formalized commitments weigh on the side of inclusion, it remains elusive as a widespread practice in classrooms. Cases of exclusion have been reported in all 60 BC school districts, studies show that inclusive education is not a system-wide reality across the province, and the progress from integration to inclusion cannot yet be regarded as complete.

What will it take for full inclusion? Click here to learn more about the barriers and how the situation can be changed!

​
Inclusive Education Main Page

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History of Inclusive Education in Canada | BC Disability

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​ ​ T he BC School Act and numerous other provincial acts similarly call for measures to ensure that special needs students within mainstream classrooms have all the support they need to thrive. The body of evidence that started forming in the 70s has also continued to build throughout the 2000s in support of inclusion, making the empirical foundation stronger now than ever before.

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1957: The first “special education” teacher training course is offered at UBC

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1957: The first “special education” teacher training course is offered at UBC

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In May, 1955 seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C. Association for Community Living.

Despite several name changes over the years, the fundamental purpose and goals of the association have remained the same. Those who gathered to found this province-wide association 40 years ago pioneered a movement whose legacy continues today.

Our Founding Members

On May 21, 1954 Dr. Donald Paterson, a consulting pediatrician for the Handicapped Children's Registry, called a meeting of all persons "interested in the advancement of mentally retarded children." That meeting, which brought together representatives from six parent groups, three government departments (Mental Health, Health, and Education), the Metropolitan Health Committee, and the Vancouver School Board, laid the groundwork for the formation of what is now called Inclusion BC.

When we were officially formed in 1955, however, our founding name was the Association for Retarded Children of B.C. (ARC BC). And it was under this name that we pioneered the initial work of our province-wide association.

The issue at the heart of our formation, which may come as a surprise to some, was education. In the early 1950″s, many parents were struggling to find ways to educate their children, who, because of their "mental retardation" label, were entirely excluded from the public school system.

Many parents passionately believed their children were capable of learning (despite general thinking to the contrary) and that their children had a right to develop their individual potentials, just like the rest of society's children. Faced with a public school system which refused to take any responsibility for educating children with mental handicaps, parents formed their own local societies in communities throughout B.C. to provide schooling for their children.

In this respect, the founding of ARC BC in 1955 represented a major victory for parent-led societies. This was the only vehicle the government would recognize as a legitimate way to fund society schools. Having survived on donations, these fledgling schools at last would receive monies from the public purse. Once ARC BC was formed, legislation allowing government to contribute to the societies quickly followed. The amount was $256.47 per ch ild which included 4.14% for administration!

At the Association"s 1956 AGM, Dr. W.A. Plenderlaith, representing the Department of Education, told delegates, "Government does not wish to go into the field of education for retarded children and believes it is better to leave the matter in the hands of the organizations who are dealing with it."

His counterpart from the Department of Health, Dr. A.M. Gee, was a bit more inspiring and for his time, somewhat visionary. "Every child has the right to develop his potentialities to the maximum," he said. "Every effort should be made to prevent him being cut off, by the special provisions made for him, from his family, from other more normal children of his age, and from the community in general."

That summer, the first "special education" teacher training course was held at UBC. The 39 registrants included teachers, parents, and helpers. ARC BC paid the tuition fees and everyone paid their own transportation.

"We are quite convinced that there are no children who are entirely uneducatable," speaker Dean Scarfe told his audience. "All children who are born are part of society and each one deserves what society brings to all children."

By 1957, the first of what was to become a yearly brief to the provincial government, outlining the ARC BC program for children with "mental retardation," was produced. It stated, "Our function is to point out the necessity, set the standards for providing the adequate educational facilities which are every bit as much the birthright of retarded children as they are of the more fortunate normal ones."

By 1958, ARC BC had jumped to 32 member chapters serving 348 school children. That summer another teacher training course was held at UBC; this time for two weeks with 80 people attending, several of them from out-of-province. This success led UBC to introduce training in the field of mental retardation into their regular teacher training curriculum.

One year later, the first Chair of Special Education was established at UBC with professor Dr. J.A. Richardson appointed to the position. The year 1959 also saw a critical amendment to the School Act, which enabled public school boards to take over full responsibility for the education and training of "moderately retarded" children. This was the first time in Canada that educating children with special needs was recognized as a public responsibility. The Act also permitted school boards to accommodate society classes and the individual student grant was increased by 50%.

Clearly, ARC BC was on a roll. In four short years the association had made astounding progress. At the time, however, it would appear some members were anxious for a speedier resolve to the issues they were facing.

Said President Richard McCallum to the membership in 1959: "I would at this time just remind some of our members who may get a bit impatient with the progress that is being made. To some, it seems as though we are just crawling, and they feel we should be running."

Nonetheless, a Pediatric Journal of the time, commenting on the huge interest by all disciplines in mental retardation, stated: "Much of the credit for the impetus in this important movement belongs to the parents of retarded children who, because of their persistence, perseverance and courage, have shown the way."

Without the tenacity and vision of so many parents, it is hard to imagine where we would be today.

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Inclusion BC was founded in 1955 by a small group of families who wanted a better life for their children. Seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C.

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1900's-1950's - Students with disabilities are not accepted in BC public schools 

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1900's-1950's - Students with disabilities are not accepted in BC public schools 

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In May, 1955 seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C. Association for Community Living.

Despite several name changes over the years, the fundamental purpose and goals of the association have remained the same. Those who gathered to found this province-wide association 40 years ago pioneered a movement whose legacy continues today.

Our Founding Members

On May 21, 1954 Dr. Donald Paterson, a consulting pediatrician for the Handicapped Children's Registry, called a meeting of all persons "interested in the advancement of mentally retarded children." That meeting, which brought together representatives from six parent groups, three government departments (Mental Health, Health, and Education), the Metropolitan Health Committee, and the Vancouver School Board, laid the groundwork for the formation of what is now called Inclusion BC.

When we were officially formed in 1955, however, our founding name was the Association for Retarded Children of B.C. (ARC BC). And it was under this name that we pioneered the initial work of our province-wide association.

The issue at the heart of our formation, which may come as a surprise to some, was education. In the early 1950″s, many parents were struggling to find ways to educate their children, who, because of their "mental retardation" label, were entirely excluded from the public school system.

Many parents passionately believed their children were capable of learning (despite general thinking to the contrary) and that their children had a right to develop their individual potentials, just like the rest of society's children. Faced with a public school system which refused to take any responsibility for educating children with mental handicaps, parents formed their own local societies in communities throughout B.C. to provide schooling for their children.

In this respect, the founding of ARC BC in 1955 represented a major victory for parent-led societies. This was the only vehicle the government would recognize as a legitimate way to fund society schools. Having survived on donations, these fledgling schools at last would receive monies from the public purse. Once ARC BC was formed, legislation allowing government to contribute to the societies quickly followed. The amount was $256.47 per ch ild which included 4.14% for administration!

At the Association"s 1956 AGM, Dr. W.A. Plenderlaith, representing the Department of Education, told delegates, "Government does not wish to go into the field of education for retarded children and believes it is better to leave the matter in the hands of the organizations who are dealing with it."

His counterpart from the Department of Health, Dr. A.M. Gee, was a bit more inspiring and for his time, somewhat visionary. "Every child has the right to develop his potentialities to the maximum," he said. "Every effort should be made to prevent him being cut off, by the special provisions made for him, from his family, from other more normal children of his age, and from the community in general."

That summer, the first "special education" teacher training course was held at UBC. The 39 registrants included teachers, parents, and helpers. ARC BC paid the tuition fees and everyone paid their own transportation.

"We are quite convinced that there are no children who are entirely uneducatable," speaker Dean Scarfe told his audience. "All children who are born are part of society and each one deserves what society brings to all children."

By 1957, the first of what was to become a yearly brief to the provincial government, outlining the ARC BC program for children with "mental retardation," was produced. It stated, "Our function is to point out the necessity, set the standards for providing the adequate educational facilities which are every bit as much the birthright of retarded children as they are of the more fortunate normal ones."

By 1958, ARC BC had jumped to 32 member chapters serving 348 school children. That summer another teacher training course was held at UBC; this time for two weeks with 80 people attending, several of them from out-of-province. This success led UBC to introduce training in the field of mental retardation into their regular teacher training curriculum.

One year later, the first Chair of Special Education was established at UBC with professor Dr. J.A. Richardson appointed to the position. The year 1959 also saw a critical amendment to the School Act, which enabled public school boards to take over full responsibility for the education and training of "moderately retarded" children. This was the first time in Canada that educating children with special needs was recognized as a public responsibility. The Act also permitted school boards to accommodate society classes and the individual student grant was increased by 50%.

Clearly, ARC BC was on a roll. In four short years the association had made astounding progress. At the time, however, it would appear some members were anxious for a speedier resolve to the issues they were facing.

Said President Richard McCallum to the membership in 1959: "I would at this time just remind some of our members who may get a bit impatient with the progress that is being made. To some, it seems as though we are just crawling, and they feel we should be running."

Nonetheless, a Pediatric Journal of the time, commenting on the huge interest by all disciplines in mental retardation, stated: "Much of the credit for the impetus in this important movement belongs to the parents of retarded children who, because of their persistence, perseverance and courage, have shown the way."

Without the tenacity and vision of so many parents, it is hard to imagine where we would be today.

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Inclusion BC was founded in 1955 by a small group of families who wanted a better life for their children. Seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C.

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1950's Foundation of what is now known as Inclusion BC. Parents advocating for all children to have access to quality education.

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1950's Foundation of what is now known as Inclusion BC. Parents advocating for all children to have access to quality education.

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In May, 1955 seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C. Association for Community Living.

Despite several name changes over the years, the fundamental purpose and goals of the association have remained the same. Those who gathered to found this province-wide association 40 years ago pioneered a movement whose legacy continues today.

Our Founding Members

On May 21, 1954 Dr. Donald Paterson, a consulting pediatrician for the Handicapped Children's Registry, called a meeting of all persons "interested in the advancement of mentally retarded children." That meeting, which brought together representatives from six parent groups, three government departments (Mental Health, Health, and Education), the Metropolitan Health Committee, and the Vancouver School Board, laid the groundwork for the formation of what is now called Inclusion BC.

When we were officially formed in 1955, however, our founding name was the Association for Retarded Children of B.C. (ARC BC). And it was under this name that we pioneered the initial work of our province-wide association.

The issue at the heart of our formation, which may come as a surprise to some, was education. In the early 1950″s, many parents were struggling to find ways to educate their children, who, because of their "mental retardation" label, were entirely excluded from the public school system.

Many parents passionately believed their children were capable of learning (despite general thinking to the contrary) and that their children had a right to develop their individual potentials, just like the rest of society's children. Faced with a public school system which refused to take any responsibility for educating children with mental handicaps, parents formed their own local societies in communities throughout B.C. to provide schooling for their children.

In this respect, the founding of ARC BC in 1955 represented a major victory for parent-led societies. This was the only vehicle the government would recognize as a legitimate way to fund society schools. Having survived on donations, these fledgling schools at last would receive monies from the public purse. Once ARC BC was formed, legislation allowing government to contribute to the societies quickly followed. The amount was $256.47 per ch ild which included 4.14% for administration!

At the Association"s 1956 AGM, Dr. W.A. Plenderlaith, representing the Department of Education, told delegates, "Government does not wish to go into the field of education for retarded children and believes it is better to leave the matter in the hands of the organizations who are dealing with it."

His counterpart from the Department of Health, Dr. A.M. Gee, was a bit more inspiring and for his time, somewhat visionary. "Every child has the right to develop his potentialities to the maximum," he said. "Every effort should be made to prevent him being cut off, by the special provisions made for him, from his family, from other more normal children of his age, and from the community in general."

That summer, the first "special education" teacher training course was held at UBC. The 39 registrants included teachers, parents, and helpers. ARC BC paid the tuition fees and everyone paid their own transportation.

"We are quite convinced that there are no children who are entirely uneducatable," speaker Dean Scarfe told his audience. "All children who are born are part of society and each one deserves what society brings to all children."

By 1957, the first of what was to become a yearly brief to the provincial government, outlining the ARC BC program for children with "mental retardation," was produced. It stated, "Our function is to point out the necessity, set the standards for providing the adequate educational facilities which are every bit as much the birthright of retarded children as they are of the more fortunate normal ones."

By 1958, ARC BC had jumped to 32 member chapters serving 348 school children. That summer another teacher training course was held at UBC; this time for two weeks with 80 people attending, several of them from out-of-province. This success led UBC to introduce training in the field of mental retardation into their regular teacher training curriculum.

One year later, the first Chair of Special Education was established at UBC with professor Dr. J.A. Richardson appointed to the position. The year 1959 also saw a critical amendment to the School Act, which enabled public school boards to take over full responsibility for the education and training of "moderately retarded" children. This was the first time in Canada that educating children with special needs was recognized as a public responsibility. The Act also permitted school boards to accommodate society classes and the individual student grant was increased by 50%.

Clearly, ARC BC was on a roll. In four short years the association had made astounding progress. At the time, however, it would appear some members were anxious for a speedier resolve to the issues they were facing.

Said President Richard McCallum to the membership in 1959: "I would at this time just remind some of our members who may get a bit impatient with the progress that is being made. To some, it seems as though we are just crawling, and they feel we should be running."

Nonetheless, a Pediatric Journal of the time, commenting on the huge interest by all disciplines in mental retardation, stated: "Much of the credit for the impetus in this important movement belongs to the parents of retarded children who, because of their persistence, perseverance and courage, have shown the way."

Without the tenacity and vision of so many parents, it is hard to imagine where we would be today.

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Inclusion BC was founded in 1955 by a small group of families who wanted a better life for their children. Seven local parent associations joined together to create the B.C. Association for Retarded Children which later became the B.C. Association for the Mentally Retarded, British Columbians for Mentally Handicapped People and finally the B.C.

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1983 - École Anne-Hébert opens in Vancouver. It is the first francophone school opening in BC

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1983 - École Anne-Hébert opens in Vancouver. It is the first francophone school opening in BC

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The term "homogenous" school means that the school is not part of an English speaking school. The administration and the staff also speak French.

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Conseil scolaire francophone de la Colombie-Britannique (CSF)

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18th century

1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois).

19th century

1807 - A group of Voyageurs founds Fort George, now Prince George.

1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; then, at the request of the authorities, the schools are also required to accommodate Anglophone children.

1860-1890 - Over a 30-year period, Francophone priests and nuns establish schools at various locations in the province (Kelowna, Mission, Williams Lake, Kamloops and Cranbrook).

1871 - The British Columbia public school system is established.

20th century

1910 - A number of Francophones immigrate from the east. Maillardville's first Catholic school, École Notre-Dame de Lourdes, opens its doors to the community's Francophone children.

1964 - The Fédération canadienne-française de la Colombie-Britannique (F.C.F.C.B. - French-Canadian Federation of British Columbia) focuses its efforts on the establishment of non-denominational schools operated and administered by Francophone trustees.

1977 - Nearly a hundred years after setting up a public education system, the government of British Columbia grants Francophones the right to an education in French. The principles governing French-language education are established in a program called the "Programme cadre de français" (PCDF).

1979 - The PCDF starts with 232 students in 9 programs under the jurisdiction of Anglophone school districts.

1982 - The Canadian Charter of Rights and Freedoms is adopted. Section 23 of the Charter gives official language minorities the right to have their children educated in their mother tongue, where numbers warrant.

1983 - B.C.'s first homogeneous Francophone public school opens: École Anne-Hébert in Vancouver.

1988 - The Association des parents du Programme cadre de français (APPCF - Programme cadre du français Parents Association) initiates a court action against the provincial government to secure the right to manage the Francophone education system.

1989 - For the first time, the province's School Act contains a clause setting out the rights of Francophone parents under section 23 of the Canadian Charter.

1990 - The Supreme Court of Canada hands down its ruling in the Mahé case. The government establishes a special committee on Francophone education.

1991 - The special committee recommends the creation of three school boards and proposes an implementation mechanism. However, no follow-up actions are taken by the government.

1994 - The court action adjourned in 1990 is reactivated.

1995 - November - The Francophone School Authority is established by regulation. It has jurisdiction over the corridor from Chilliwack to Victoria.

1996 - August - Justice Vickers of the Supreme Court of British Columbia rules in favour of the parents in the court action reactivated in 1994.

1997 - July 28 - The Legislative Assembly passes the draft amendment to the School Act (Bill 45), thereby entrenching recognition of Francophone educational rights in British Columbia.

1997 - December - Another court action is launched to require the provincial government to give the Francophone school board jurisdiction over the whole province and enforce the 1996 ruling of Justice Vickers.

1998 - January - The Association des parents francophones de la Colombie-Britannique becomes the Fédération des parents francophones de Colombie-Britannique (Federation of Francophone Parents of British Columbia).

1998 - March 27 - As a result of the second court action brought by the parents, the provincial cabinet adopts a regulation governing the Conseil scolaire francophone, giving it jurisdiction over the whole province effective July 1, 1999.

1998 - November - Justice Vickers of the Supreme Court of British Columbia hands down his ruling in the action brought in December 1997. A regulation is adopted governing a mediation process to be used in case of a disagreement between the CSF and the school districts when negotiating service agreements (rental of space, school transportation, loaning of staff, etc.).

1999 - July - The CSF obtains jurisdiction over the Francophone education system throughout the province. The number of electoral regions increases from 5 to 7.

21st century

2002 - The Ministry of Education allocates $15 million for the construction of two Francophone schools: École Gabrielle-Roy in Surrey and École André-Piolat in North Vancouver.

2004 - The Conseil scolaire francophone continues to grow. The Ministry of Education agrees to fund the construction of two new schools: École Victor-Brodeur in Victoria and a secondary school in Vancouver. Nearly 3,500 students are enrolled in 37 programs, including 19 homogeneous schools, of which 14 belong to the CSF.

2005 - The Fédération des parents francophones continues to represent and promote the rights and interests of British Columbia's Francophone parents. Its membership is comprised of 27 parent advisory councils and 10 preschool parent associations

2009 - The CSF has 3,500 students in 38 schools, of which 23 are homogeneous, offers a curriculum from kindergarten through grade 12, online courses and the International Baccalaureate program, and signs a five-year agreement on the enhancement of aboriginal education throughout its territory. Enrolment is increasing by more than 3% per year. Its schools have become overcrowded.

2010 - Together with the Fédération des parents francophones and a group of co-plaintiff parents, the CSF initiates a legal action to require the provincial government to recognize the school board's constitutional responsibilities and provide it with the means to fulfil its obligations.

2013 - Proceedings begin in the legal action between the CSF, the Fédération des parents francophones, a group of co-applicants, and the Government of British Columbia.

2016 - Madam Justice Russell's judgment is handed down. The vast majority of the conclusions are favourable to the Francophone community. An appeal against the decision is filed.

2017 - The CSF continues to grow. Enrolment has increased by more than 20% since 2012.

2019 - April 11 - The Supreme Court of Canada agrees to hear the appeal against a decision handed down by the British Columbia Court of Appeal on French-language education.

2019 - June 18 - The campaign "Mon éducation Notre droit" is launched.

2019 - September 26 - Hearing of the Conseil scolaire francophone de la Colombie-Britannique (CSF), the Fédération des parents francophones de BC and co-appellant parents before the Supreme Court of Canada in Winnipeg.

2020 - June 12 - The Supreme Court of Canada hands down its decision in the French-language education case, deciding in favour of the Conseil scolaire francophone (CSF), the Fédération des parents francophones de Colombie-Britannique, and co-appellant parents in their claim against the provincial Ministry of Education. The reasoning of the majority of the Supreme Court of Canada is clear: "children of s. 23 rights holders must receive an educational experience that is substantively equivalent to the experience provided to the majority, regardless of the size of the school or program in question." According to the Supreme Court of Canada, the lower courts "adopted an inordinately narrow interpretation of s. 23 and its role in the Canadian constitutional order."

2020 - September - The CSF has over 6,400 students and 45 schools across the province, offering a curriculum from kindergarten through grade 12.

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History of the CSF - Conseil scolaire francophone de la Colombie-Britannique (CSF)

# data[].attributes.attachment_link.description
18th century 1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois). 19th century 1807 - A group of Voyageurs founds Fort George, now Prince George. 1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; [...]

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1800's -early 1900's - French Canadians form part of early settlers in BC and established schools in different communities in BC.

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1800's -early 1900's - French Canadians form part of early settlers in BC and established schools in different communities in BC.

# data[].attributes.attachment_link.provider_name
Conseil scolaire francophone de la Colombie-Britannique (CSF)

# data[].attributes.attachment_link.readable_text
18th century

1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois).

19th century

1807 - A group of Voyageurs founds Fort George, now Prince George.

1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; then, at the request of the authorities, the schools are also required to accommodate Anglophone children.

1860-1890 - Over a 30-year period, Francophone priests and nuns establish schools at various locations in the province (Kelowna, Mission, Williams Lake, Kamloops and Cranbrook).

1871 - The British Columbia public school system is established.

20th century

1910 - A number of Francophones immigrate from the east. Maillardville's first Catholic school, École Notre-Dame de Lourdes, opens its doors to the community's Francophone children.

1964 - The Fédération canadienne-française de la Colombie-Britannique (F.C.F.C.B. - French-Canadian Federation of British Columbia) focuses its efforts on the establishment of non-denominational schools operated and administered by Francophone trustees.

1977 - Nearly a hundred years after setting up a public education system, the government of British Columbia grants Francophones the right to an education in French. The principles governing French-language education are established in a program called the "Programme cadre de français" (PCDF).

1979 - The PCDF starts with 232 students in 9 programs under the jurisdiction of Anglophone school districts.

1982 - The Canadian Charter of Rights and Freedoms is adopted. Section 23 of the Charter gives official language minorities the right to have their children educated in their mother tongue, where numbers warrant.

1983 - B.C.'s first homogeneous Francophone public school opens: École Anne-Hébert in Vancouver.

1988 - The Association des parents du Programme cadre de français (APPCF - Programme cadre du français Parents Association) initiates a court action against the provincial government to secure the right to manage the Francophone education system.

1989 - For the first time, the province's School Act contains a clause setting out the rights of Francophone parents under section 23 of the Canadian Charter.

1990 - The Supreme Court of Canada hands down its ruling in the Mahé case. The government establishes a special committee on Francophone education.

1991 - The special committee recommends the creation of three school boards and proposes an implementation mechanism. However, no follow-up actions are taken by the government.

1994 - The court action adjourned in 1990 is reactivated.

1995 - November - The Francophone School Authority is established by regulation. It has jurisdiction over the corridor from Chilliwack to Victoria.

1996 - August - Justice Vickers of the Supreme Court of British Columbia rules in favour of the parents in the court action reactivated in 1994.

1997 - July 28 - The Legislative Assembly passes the draft amendment to the School Act (Bill 45), thereby entrenching recognition of Francophone educational rights in British Columbia.

1997 - December - Another court action is launched to require the provincial government to give the Francophone school board jurisdiction over the whole province and enforce the 1996 ruling of Justice Vickers.

1998 - January - The Association des parents francophones de la Colombie-Britannique becomes the Fédération des parents francophones de Colombie-Britannique (Federation of Francophone Parents of British Columbia).

1998 - March 27 - As a result of the second court action brought by the parents, the provincial cabinet adopts a regulation governing the Conseil scolaire francophone, giving it jurisdiction over the whole province effective July 1, 1999.

1998 - November - Justice Vickers of the Supreme Court of British Columbia hands down his ruling in the action brought in December 1997. A regulation is adopted governing a mediation process to be used in case of a disagreement between the CSF and the school districts when negotiating service agreements (rental of space, school transportation, loaning of staff, etc.).

1999 - July - The CSF obtains jurisdiction over the Francophone education system throughout the province. The number of electoral regions increases from 5 to 7.

21st century

2002 - The Ministry of Education allocates $15 million for the construction of two Francophone schools: École Gabrielle-Roy in Surrey and École André-Piolat in North Vancouver.

2004 - The Conseil scolaire francophone continues to grow. The Ministry of Education agrees to fund the construction of two new schools: École Victor-Brodeur in Victoria and a secondary school in Vancouver. Nearly 3,500 students are enrolled in 37 programs, including 19 homogeneous schools, of which 14 belong to the CSF.

2005 - The Fédération des parents francophones continues to represent and promote the rights and interests of British Columbia's Francophone parents. Its membership is comprised of 27 parent advisory councils and 10 preschool parent associations

2009 - The CSF has 3,500 students in 38 schools, of which 23 are homogeneous, offers a curriculum from kindergarten through grade 12, online courses and the International Baccalaureate program, and signs a five-year agreement on the enhancement of aboriginal education throughout its territory. Enrolment is increasing by more than 3% per year. Its schools have become overcrowded.

2010 - Together with the Fédération des parents francophones and a group of co-plaintiff parents, the CSF initiates a legal action to require the provincial government to recognize the school board's constitutional responsibilities and provide it with the means to fulfil its obligations.

2013 - Proceedings begin in the legal action between the CSF, the Fédération des parents francophones, a group of co-applicants, and the Government of British Columbia.

2016 - Madam Justice Russell's judgment is handed down. The vast majority of the conclusions are favourable to the Francophone community. An appeal against the decision is filed.

2017 - The CSF continues to grow. Enrolment has increased by more than 20% since 2012.

2019 - April 11 - The Supreme Court of Canada agrees to hear the appeal against a decision handed down by the British Columbia Court of Appeal on French-language education.

2019 - June 18 - The campaign "Mon éducation Notre droit" is launched.

2019 - September 26 - Hearing of the Conseil scolaire francophone de la Colombie-Britannique (CSF), the Fédération des parents francophones de BC and co-appellant parents before the Supreme Court of Canada in Winnipeg.

2020 - June 12 - The Supreme Court of Canada hands down its decision in the French-language education case, deciding in favour of the Conseil scolaire francophone (CSF), the Fédération des parents francophones de Colombie-Britannique, and co-appellant parents in their claim against the provincial Ministry of Education. The reasoning of the majority of the Supreme Court of Canada is clear: "children of s. 23 rights holders must receive an educational experience that is substantively equivalent to the experience provided to the majority, regardless of the size of the school or program in question." According to the Supreme Court of Canada, the lower courts "adopted an inordinately narrow interpretation of s. 23 and its role in the Canadian constitutional order."

2020 - September - The CSF has over 6,400 students and 45 schools across the province, offering a curriculum from kindergarten through grade 12.

# data[].attributes.attachment_link.title
History of the CSF - Conseil scolaire francophone de la Colombie-Britannique (CSF)

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18th century 1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois). 19th century 1807 - A group of Voyageurs founds Fort George, now Prince George. 1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; [...]

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1982: Article 23 of the Canadian Charter of Rights and Freedoms recognizes the rights of Francophone outside of Québec to have access to K-12 public education in French

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1982: Article 23 of the Canadian Charter of Rights and Freedoms recognizes the rights of Francophone outside of Québec to have access to K-12 public education in French

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This guide explains the Canadian Charter of Rights and Freedoms (the Charter) and its importance in the daily lives of Canadians. This content is not legal advice and should not be taken as legal interpretation of the provisions of the Charter.

The legal text of the Charter is published online as Constitution Act, 1982.

Contents

Part I - Overview

What is the Canadian Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.

The Charter is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates. For example, it states the powers of the federal, and provincial and territorial governments in Canada.

How does the Charter work with other Canadian laws?

The Constitution is the supreme law of Canada; all other laws must be consistent with the rules set out in it. If they are not, they may not be valid. Since the Charter is part of the Constitution, it is the most important law we have in Canada.

However, the rights and freedoms in the Charter are not absolute. They can be limited to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or child pornography. Section 1 of the Charter says that Charter rights can be limited by law so long as those limits can be shown to be reasonable in a free and democratic society.

Who does the Charter protect and what rights are protected?

Any person in Canada - whether they are a Canadian citizen, a permanent resident or a newcomer - has the rights and freedoms contained in the Charter. There are some exceptions. For example, the Charter gives some rights only to Canadian citizens - such as the right to vote ( section 3) and the right "to enter, remain in and leave Canada" ( section 6).

History of the Charter

The Chartercame into force on April 17, 1982. One section of the Charter, section 15, came into effect three years after the rest of the Charter, on April 17, 1985, to give governments time to bring their laws into line with the equality rights guaranteed in section 15.

Section 16.1 was added to the Charter in 1993. It makes clear that the English-speaking and French-speaking communities of New Brunswick have equal rights, and that the Government of New Brunswick has a duty to protect and promote those rights.

Before the Charter came into effect, other Canadian laws protected many of the rights and freedoms that are now included in it. One example is the Canadian Bill of Rights, which Parliament enacted in 1960. It applies to legislation and policies of the federal government and guarantees rights and freedoms similar to those found in the Charter. However, the Bill of Rights is not part of the Constitution of Canada.

For decades, the Charter has been the source of change, progress and the affirmation of our society's values. Canadian courts have rendered hundreds of decisions in which they apply the Charter to bring Canadian laws into line with the principles and values of Canadian society. For example:

With respect to language rights, the Charter has reinforced the rights of official language minorities.

With regard to equality rights, the Charter has led to the recognition and enforcement of the rights of a number of minority and disadvantaged groups.

In criminal matters, the Charter has clarified the state's powers with respect to the rights of the accused.

Part II - Understanding the Charter

This part of the guide sets out the actual text of each section of the Charter, followed by an explanation of its meaning and purpose.

Guarantee of rights and freedoms - section 1

1. Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

The Charter protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country. It applies to all governments - federal, provincial and territorial - and includes protection of the following:

fundamental freedoms, democratic rights

the right to live and seek employment anywhere in Canada

legal rights (life, liberty and personal security)

equality rights for all

the official languages of Canada

minority language education rights

Canada's multicultural heritage

Indigenous peoples' rights

The rights and freedoms in the Charter are not absolute. They can be limited to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or child pornography.

Fundamental freedoms - section 2
2. Everyone has the following fundamental freedoms:

freedom of conscience and religion;

freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

freedom of peaceful assembly; and

freedom of association.

Under section 2of the Charter, Canadians are free to follow the religion of their choice. In addition, they are guaranteed freedom of thought, belief and expression. Since the media are an important means for communicating thoughts and ideas, the Charter protects the right of the press and other media to speak out. Our right to gather and act in peaceful groups is also protected, as is our right to belong to an association like a trade union.

These freedoms are set out in the Charter to ensure that Canadians are free to create and express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.

Even though these freedoms are very important, governments can sometimes limit them. For example, freedom of expression may be limited by laws against hate propaganda or child pornography because they prevent harm to individuals and groups.

Democratic rights - sections 3 to 5

Sections 3, 4 and 5 of the Charter contain rules that guarantee Canadians a democratic government.

Section 3 - Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Section 3 guarantees to all Canadian citizens the right to be involved in the election of their governments. It gives them the right to vote in federal, provincial or territorial elections, along with the right to stand for public office themselves.

Some limits on these rights may be reasonable, even in a democracy. For example, the right to vote or stand for election is limited to Canadians 18 years of age or older.

Section 4 - Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

It is a basic principle in a democracy that a government must consult the voters and stand for re-election at regular intervals. Section 4 states that no Parliament or legislative assembly can continue to sit for longer than five years. Only under extraordinary circumstances, such as a war or national emergency, may a government stay in office for a longer period.

Section 5 - Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

Another basic democratic principle is that a government must explain its actions to the people. Section 5 of the Charter makes it clear that Parliament and the legislative assemblies must hold a session at least once a year. This guarantees that elected members and the public have a chance to question government actions on a regular basis.

Mobility rights - section 6

Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right:

Limitation

(3) The rights specified in subsection (2) are subject to:

Affirmative Action Program

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Section 6 protects the right of Canadian citizens to move from place to place, and subsection 6(1) ensures that all Canadian citizens are free to come and go as they please. Extradition laws place some limits on these rights; these laws state that persons in Canada who face criminal charges or punishment in another country may be ordered to return to that country.

Subsection 6(2) gives all Canadian citizens and permanent residents the right to move to, and live in any province or territory. They may also look for work or set up a business there.

Subsection 6(3) makes clear that provinces and territories may decide to give social benefits, such as welfare, only to persons who have lived in the province or territory for a certain period of time. They may also pass employment laws that require workers to have the necessary qualifications to practice their profession or trade.

In addition, subsection 6(4) allows a province or territory that has an employment rate below the national average to create programs that favour its own residents.

Legal rights - sections 7 to 14

Sections 7 to 14 set out rights that protect Canadians when dealing with the justice system. They ensure that individuals who are involved in proceedings are treated fairly, especially those charged with a criminal offence.

Section 7 - Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 7 guarantees the life, liberty and personal security of all Canadians. It also requires that governments respect the basic principles of justice whenever they intrude on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost.

Section 8 - Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

According to the Supreme Court of Canada, the purpose of section 8 is to protect a reasonable expectation of privacy. This means that those who act on behalf of a government, such as police officers, must carry out their duties in a fair and reasonable way. They cannot enter private property or take things from others unless they can show that they have a clear legal reason.

In most cases, they are allowed to enter private property to look for evidence or to seize things only if they have been given a search warrant by a judge. On the other hand, government inspectors may enter business premises without a warrant to check if government regulations are being observed.

Section 9 - Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Section 9 says that government officials cannot take individuals into custody or hold them without a good reason. For example, a police officer must have reasonable grounds for detaining a person. However, courts have stated that laws allowing officers to stop drivers for breath tests are reasonable and do not violate the Charter.

Section 10 - Arrest or detention
10. Everyone has the right on arrest or detention:

to be informed promptly of the reasons therefor;

to retain and instruct counsel without delay and to be informed of that right; and

to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

The rights in section 10 apply when a person is arrested or detained. They ensure that people under arrest have a chance to challenge the lawfulness of their arrest. The police must tell them quickly the reasons for their arrest. These people also have the right to talk to a lawyer to get legal advice about their situation, and the police must tell them what legal aid services are available in their area. Persons under arrest also have the right to ask a judge to decide whether their arrest was legal and, if it was not, to order their release.

Section 11 - Proceedings in criminal and penal matters
11. Any person charged with an offence has the right:

to be informed without unreasonable delay of the specific offence;

to be tried within a reasonable time;

not to be compelled to be a witness in proceedings against that person in respect of the offence;

to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

not to be denied reasonable bail without just cause;

except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Section 11 sets out several important rules that protect anyone charged with an offence under federal, provincial or territorial law.

Persons accused of a crime must be told promptly what offence they are charged with (section 11 a) their trials must take place within a reasonable time (section 11 b); and they cannot be forced to testify at their own trials (section 11 c).

Anyone accused of breaking the law is considered to be innocent until proven guilty. This means that the prosecution must prove beyond a reasonable doubt that the person committed the offence, before he or she can be found guilty. The trial must also be conducted fairly before a court which is unbiased and independent of political or any other influence (section 11 d). A fair trial ensures that the rights of the accused are properly protected.

An accused person is entitled to reasonable bail (section 11 e) and, for very serious charges, has the right to trial by jury (section 11 f).

A court cannot convict a person of a crime unless the law in force at the time of the offence specifically stated that the actions in question were illegal (section 11 g).

If a person is tried for an offence and found not guilty, he or she cannot be tried on the same charge again. Moreover, if the person is found guilty and punished for the offence, he or she cannot be tried or punished for it again (section 11 h).

In a situation where a person commits an offence and, before he or she is sentenced, a new law changes the fine or term of imprisonment that applies, that person must be sentenced under whichever law is the more lenient (section 11 i).

Section 12 - Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Section 12 prohibits treatment and punishment by the state that are cruel and unusual. This includes torture, excessive or abusive use of force by law enforcement officials. Also, sentences of imprisonment must match the seriousness of the crime committed. For example, an extremely long prison sentence is not appropriate for a very minor crime.

Section 13 - Self-incrimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Section 13 states that witnesses who give evidence in court cannot have their testimony used against them in other proceedings. In other words, if the testimony of a witness shows that he or she has committed a crime, that evidence cannot be used by the prosecution to prove that the witness committed an offence. The exception is where a witness commits the crime of perjury which is the offence of lying to the court. In that case, the testimony of the witness may be used to show that he or she lied in court.

Section 14 - Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Persons who are hearing impaired or do not understand or speak the language being spoken in court have the right to be assisted by an interpreter. This right applies regardless of which language is involved.

Equality rights - section 15

Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Section 15 of the Charter makes it clear that every individual in Canada - regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability - is to be treated with the same respect, dignity and consideration. This means that governments must not discriminate on any of these grounds in its laws or programs.

The courts have held that section 15 also protects equality on the basis of other characteristics that are not specifically set out in it. For example, this section has been held to prohibit discrimination on the grounds of sexual orientation, marital status or citizenship.

The Supreme Court of Canada has stated that the purpose of section 15 is to protect those groups who suffer social, political and legal disadvantage in society. Discrimination occurs when a person, because of a personal characteristic, suffers disadvantages or is denied opportunities available to other members of society.

At the same time as it protects equality, the Charter also allows for certain laws or programs that aim to improve the conditions of disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Indigenous peoples, visible minorities, or those with mental or physical disabilities are allowed under subsection 15(2).

Official languages of Canada - sections 16 to 22

Sections 16 to 20 make clear that official language rights apply in respect of both the federal government and the provincial government of New Brunswick. Canadians can use English or French when they deal with the Government of Canada. Residents of New Brunswick also have the right to use English or French when they deal with their provincial government.

Section 16 - Official languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada.

Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.

Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

Subsections 16(1) and 16(2) confirm that English and French are Canada's and New Brunswick's official languages. They also say that both of these languages can be used equally in the institutions of Parliament and the Government of Canada as well as all institutions of the legislature and Government of New Brunswick.

Note that the Charter guarantees that any member of the public can communicate with and receive service from the federal government in the official language of their choice. The Charter does not oblige any member of the public to become bilingual.

Section 16.1 - English and French linguistic communities in New Brunswick

16.1(1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.

Section 16.1 was added to the Charter in 1993. It makes clear that the English-speaking and French-speaking communities of New Brunswick have equal rights, and that the Government of New Brunswick has a duty to protect and promote those rights.

Section 17 - Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.

Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.

Section 18 - Parliamentary statutes and records

18. (1) The statutes, records and journal of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.

Section 19 - Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.

Section 20 - Communications by public with federal institutions
20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where:
Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

Section 17 states that everyone has the right to use English or French in Parliament as well as the Legislature of New Brunswick. For example, a witness before a Parliamentary committee may use the official language of his or her choice.

Section 18 states that federal laws as well as those of the Government of New Brunswick, must be published in both English and French and that both versions are equally valid.

Section 19 states that everyone has the right to use English or French in any court established by Parliament, including the Supreme Court of Canada, or by the Government of New Brunswick.

Section 20 outlines the right of Canadians to communicate with the federal government or with the Government of New Brunswick in either English or French. These governments must provide services in both official languages at all of their central offices and other locations where there is a significant demand for them, or where it would be reasonable to expect them.

Section 21 - Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

The purpose of section 21 is to protect language rights that already exist in other parts of the Constitution. For example, section 133 of the gives the people of Quebec the right to use either English or French in the Quebec legislature and before any of the courts of that province. It also provides the right to have the provincial laws printed and published in both English and French. The Manitoba Act, 1870 (confirmed in the Constitution Act, 1871) confirms the same rights for the people of Manitoba.

Section 22 - Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Section 22 guarantees that the rights in respect of the use of English and French as set out in the Charter do not remove or reduce any right to use other languages that might be granted by other Acts or by custom.

Minority language educational rights - section 23

Language of instruction
23. (1) Citizens of Canada:
Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province:

Section 23 of the Charter requires provincial and territorial governments to provide education to Canadians in the official language of their choice, even in areas where a minority of residents speaks that language.

In nine provinces and in the three territories, the official language of the majority is English. In these provinces and territories, Canadian citizens have the right to have their children educated in French if:

their first language is French; or

they received their own primary education in Canada in French; or

they have a child who has received or is receiving his or her primary or secondary education in French in Canada.

In Quebec, the language of the majority is French. In Quebec, Canadian citizens have the right to have their children educated in English if:

they received their own primary instruction in Canada in English; or

they have a child who has received or is receiving his or her primary or secondary education in English in Canada.

According to section 59 of the Constitution Act, 1982 (paragraph 23(1) (a) of the Charter) the criteria of "first official language learned and still understood" does not apply in Quebec. It cannot be brought into force without the consent of the National Assembly or government of Quebec. To date, such consent has not been given.

In all cases, the right to receive an education in a minority language applies only when there is a sufficient number of children to justify providing schooling in that language. Where those numbers do exist, governments must provide instruction in the minority language.

Enforcement - section 24

Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Section 24 discusses the involvement of the court if an individual's Charter rights have been denied.

Anyone who believes his or her rights or freedoms under the Charter have been violated by any level of government can go to court to ask for a remedy. That person must show which Charter right or freedom has been violated. If a limit to the right or freedom is set out in the law, the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government's argument, then it can grant a remedy that is just and appropriate in the circumstances.

For example, in criminal cases, a court may make an order to stop a trial if they decide that the person has been denied the right to a fair trial within a reasonable time. A special remedy is available under subsection 24(2) if the denial of a Charter right takes place during a government investigation. For example, if a government official improperly searches for evidence on private property (section 8), a court may order that the evidence not be used against the person in trial if it is clear that using the evidence would diminish public confidence in law enforcement and the justice system.

A court may also make an order that a law that violates a person's Charter rights is not valid. This power comes from section 52 of the Constitution Act, 1982.

General - sections 25 to 31

Sections 25 to 31 contain interpretative provisions.

Section 25 - Aboriginal, treaty or other rights and freedoms
25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including:
The Constitution recognizes the rights of Aboriginal Peoples of Canada to protect their culture, customs, traditions and languages. The Aboriginal Peoples of Canada are also referred to as Indigenous Peoples, though constitutional provisions specifically refer to Aboriginal Peoples.

Section 25 makes it clear that other rights contained in the Charter must not interfere with the rights of Aboriginal Peoples. For example, where Indigenous Peoples are entitled to special benefits under treaties, other persons who do not enjoy those benefits cannot argue that they have been denied the right to be treated equally under section 15 of the Charter.

In addition to section 25 of the Charter, section 35 of the Constitution Act, 1982, Part II -Rights of the Aboriginal Peoples of Canada, states that the existing Aboriginal and treaty rights of the Indigenous Peoples of Canada are recognized and affirmed. The Supreme Court of Canada has ruled that section 35 means that Indigenous rights under treaties or other laws are now protected under the Constitution Act, 1982.

Section 26 - Other rights or freedoms that exist in Canada

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Canadians have rights and freedoms under laws other than the Charter. The purpose ofsection 26 is to ensure that these rights or freedoms are not extinguished because they are not expressly spelled out in the Charter. It also makes clear that Parliament and the legislatures are free to create rights beyond those that are in the Charter. By establishing basic or minimum rights, the Charter does not restrict the creation or enjoyment of other rights.

Section 27 - Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Section 27 recognizes that Canada is home to many cultural groups and seeks to maintain and promote multiculturalism.

Section 28 - Gender equality rights

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Section 28 makes it clear that both women and men are equally protected under the Charter. This principle is also found in section 15.

Section 29 - Denominational school rights and privileges

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

The Charter does not affect the operation of religious schools that are protected elsewhere under the Constitution.

More specifically, the freedoms of conscience and religion in section 2of the Charter and the equality rights in section 15 do not limit the right of Canadians under the Constitution Act, 1867, to establish religious or denominational schools.

Section 30 - Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

The Charter applies to the Yukon Territory, the Northwest Territories and Nunavut in exactly the same way as it does to the provinces. At the time the Charter was enacted, the Northwest Territories included the territory now called Nunavut.

Section 31 - Charter does not extend powers of legislatures

31. Nothing in this Charter extends the legislative powers of any body or authority.

The Charter in no way affects the sharing of responsibilities or the distribution of powers between the provinces and the territories, and the federal government. The powers of the provincial and federal governments are set out in the Constitution Act, 1867. The legislative, executive and judicial powers exercised in the three territories are contained in the Yukon Act, the Northwest Territories Act and the Nunavut Act, which are federal statutes.

Application of the Charter - sections 32 and 33

Sections 32 and 33 discuss the application of the Charter: what it applies to and the limits to its application.

Section 32 - Application of Charter
32. (1) This Charter applies:
Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

The purpose of section 32 is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations.

Subsection 32(2) was necessary to give governments a chance to amend their laws to bring them into line with equality rights. Section 15 of the Charter did not come into force until three years after the rest of the Charter became effective on April 17, 1982.

Section 33 - Exception where express declaration

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Re-enactment

(4) Parliament or a legislature of a province may re-enact a declaration made under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

The purpose of section 33 is to require a government that wishes to pass laws that limit Charter rights to say clearly what it is doing and accept the political consequences.

Section 33 is sometimes referred to as the "notwithstanding clause". It gives Parliament and provincial and territorial legislatures limited power to pass laws that may limit certain Charter rights - namely fundamental freedoms, legal and equality rights.

They can only do this if they clearly state that a particular law is exempt from the Charter. An exemption from the Charter lasts a maximum of five years, but may be re-enacted by Parliament or the legislature concerned.

To date, provincial or territorial legislatures have rarely used this section. It has never been used by the federal Parliament.

Citation - section 34

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

Section 34 simply means that the official name of Part I of the Constitution Act, 1982 (contained in sections 1 to 33) is the Canadian Charter of Rights and Freedoms.

Constitution Act, 1982 - section 52 (Part VII - General)

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

This section of the Constitution gives the courts the power to rule that a particular law is not valid if it violates the Charter, which itself is part of the Constitution.

While subsection 52(1) is not part of the Charter, it provides courts with an important power to strike down laws that violate Charter rights. If only part of the law violates the Constitution, only that part will be ruled invalid.

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Guide to the Canadian Charter of Rights and Freedoms - Canada.ca

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This guide explains the Canadian Charter of Rights and Freedoms and its importance in our daily lives.

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Late 1970's: British Columbia grants Francophones the right to an education in French. The principles governing French-language education are established in a program called the “Programme cadre de français”" 

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Late 1970's: British Columbia grants Francophones the right to an education in French. The principles governing French-language education are established in a program called the “Programme cadre de français”" 

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Conseil scolaire francophone de la Colombie-Britannique (CSF)

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18th century

1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois).

19th century

1807 - A group of Voyageurs founds Fort George, now Prince George.

1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; then, at the request of the authorities, the schools are also required to accommodate Anglophone children.

1860-1890 - Over a 30-year period, Francophone priests and nuns establish schools at various locations in the province (Kelowna, Mission, Williams Lake, Kamloops and Cranbrook).

1871 - The British Columbia public school system is established.

20th century

1910 - A number of Francophones immigrate from the east. Maillardville's first Catholic school, École Notre-Dame de Lourdes, opens its doors to the community's Francophone children.

1964 - The Fédération canadienne-française de la Colombie-Britannique (F.C.F.C.B. - French-Canadian Federation of British Columbia) focuses its efforts on the establishment of non-denominational schools operated and administered by Francophone trustees.

1977 - Nearly a hundred years after setting up a public education system, the government of British Columbia grants Francophones the right to an education in French. The principles governing French-language education are established in a program called the "Programme cadre de français" (PCDF).

1979 - The PCDF starts with 232 students in 9 programs under the jurisdiction of Anglophone school districts.

1982 - The Canadian Charter of Rights and Freedoms is adopted. Section 23 of the Charter gives official language minorities the right to have their children educated in their mother tongue, where numbers warrant.

1983 - B.C.'s first homogeneous Francophone public school opens: École Anne-Hébert in Vancouver.

1988 - The Association des parents du Programme cadre de français (APPCF - Programme cadre du français Parents Association) initiates a court action against the provincial government to secure the right to manage the Francophone education system.

1989 - For the first time, the province's School Act contains a clause setting out the rights of Francophone parents under section 23 of the Canadian Charter.

1990 - The Supreme Court of Canada hands down its ruling in the Mahé case. The government establishes a special committee on Francophone education.

1991 - The special committee recommends the creation of three school boards and proposes an implementation mechanism. However, no follow-up actions are taken by the government.

1994 - The court action adjourned in 1990 is reactivated.

1995 - November - The Francophone School Authority is established by regulation. It has jurisdiction over the corridor from Chilliwack to Victoria.

1996 - August - Justice Vickers of the Supreme Court of British Columbia rules in favour of the parents in the court action reactivated in 1994.

1997 - July 28 - The Legislative Assembly passes the draft amendment to the School Act (Bill 45), thereby entrenching recognition of Francophone educational rights in British Columbia.

1997 - December - Another court action is launched to require the provincial government to give the Francophone school board jurisdiction over the whole province and enforce the 1996 ruling of Justice Vickers.

1998 - January - The Association des parents francophones de la Colombie-Britannique becomes the Fédération des parents francophones de Colombie-Britannique (Federation of Francophone Parents of British Columbia).

1998 - March 27 - As a result of the second court action brought by the parents, the provincial cabinet adopts a regulation governing the Conseil scolaire francophone, giving it jurisdiction over the whole province effective July 1, 1999.

1998 - November - Justice Vickers of the Supreme Court of British Columbia hands down his ruling in the action brought in December 1997. A regulation is adopted governing a mediation process to be used in case of a disagreement between the CSF and the school districts when negotiating service agreements (rental of space, school transportation, loaning of staff, etc.).

1999 - July - The CSF obtains jurisdiction over the Francophone education system throughout the province. The number of electoral regions increases from 5 to 7.

21st century

2002 - The Ministry of Education allocates $15 million for the construction of two Francophone schools: École Gabrielle-Roy in Surrey and École André-Piolat in North Vancouver.

2004 - The Conseil scolaire francophone continues to grow. The Ministry of Education agrees to fund the construction of two new schools: École Victor-Brodeur in Victoria and a secondary school in Vancouver. Nearly 3,500 students are enrolled in 37 programs, including 19 homogeneous schools, of which 14 belong to the CSF.

2005 - The Fédération des parents francophones continues to represent and promote the rights and interests of British Columbia's Francophone parents. Its membership is comprised of 27 parent advisory councils and 10 preschool parent associations

2009 - The CSF has 3,500 students in 38 schools, of which 23 are homogeneous, offers a curriculum from kindergarten through grade 12, online courses and the International Baccalaureate program, and signs a five-year agreement on the enhancement of aboriginal education throughout its territory. Enrolment is increasing by more than 3% per year. Its schools have become overcrowded.

2010 - Together with the Fédération des parents francophones and a group of co-plaintiff parents, the CSF initiates a legal action to require the provincial government to recognize the school board's constitutional responsibilities and provide it with the means to fulfil its obligations.

2013 - Proceedings begin in the legal action between the CSF, the Fédération des parents francophones, a group of co-applicants, and the Government of British Columbia.

2016 - Madam Justice Russell's judgment is handed down. The vast majority of the conclusions are favourable to the Francophone community. An appeal against the decision is filed.

2017 - The CSF continues to grow. Enrolment has increased by more than 20% since 2012.

2019 - April 11 - The Supreme Court of Canada agrees to hear the appeal against a decision handed down by the British Columbia Court of Appeal on French-language education.

2019 - June 18 - The campaign "Mon éducation Notre droit" is launched.

2019 - September 26 - Hearing of the Conseil scolaire francophone de la Colombie-Britannique (CSF), the Fédération des parents francophones de BC and co-appellant parents before the Supreme Court of Canada in Winnipeg.

2020 - June 12 - The Supreme Court of Canada hands down its decision in the French-language education case, deciding in favour of the Conseil scolaire francophone (CSF), the Fédération des parents francophones de Colombie-Britannique, and co-appellant parents in their claim against the provincial Ministry of Education. The reasoning of the majority of the Supreme Court of Canada is clear: "children of s. 23 rights holders must receive an educational experience that is substantively equivalent to the experience provided to the majority, regardless of the size of the school or program in question." According to the Supreme Court of Canada, the lower courts "adopted an inordinately narrow interpretation of s. 23 and its role in the Canadian constitutional order."

2020 - September - The CSF has over 6,400 students and 45 schools across the province, offering a curriculum from kindergarten through grade 12.

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History of the CSF - Conseil scolaire francophone de la Colombie-Britannique (CSF)

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18th century 1793 - Alexander McKenzie's expedition. He is accompanied by ten other men, six of whom are French-Canadian voyageurs (Doucette, Landry, Beaulieux, Bisson, Beauchamp and Contois). 19th century 1807 - A group of Voyageurs founds Fort George, now Prince George. 1848-1849 - At first, French religious schools are set up for the Indigenous, Métis and Francophone population; [...]

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1859 Discrimination of Black Canadian students in Select School in Victoria  (p.30)

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1859 Discrimination of Black Canadian students in Select School in Victoria  (p.30)

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1940's Japanese Canadian Students Removed from public schools (p.54-55) 

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1940's Japanese Canadian Students Removed from public schools (p.54-55) 

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1920's Segregation of Chinese Canadian students in Victoria 

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1920's Segregation of Chinese Canadian students in Victoria 

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In September 1922, the Victoria Daily Times reported on a curious incident in the streets of Victoria, British Columbia. A principal was leading a group of Chinese students down the street towards their new school when, in a matter of seconds, the entire assembly vanished into the adjacent streets: "A Chinese boy holding the reputation of being the quietest and most studious in the class shouted something in the Oriental lingo, and like a flash the parade disbanded, leaving Principal Cunningham in the middle of the roadway and wondering how he could overcome the difficulties of the situation." The coordinated action of the students was a response to the Victoria District School Board's decision to implement racial segregation in its schools. It was the first act in what would become a year-long student strike in opposition to segregation.

The history of school segregation is seldom remembered in Victoria, but two buildings in the heart of today's Chinatown played a central role in the Chinese community's response to it. The first building, at 542-562 Fisgard Street, was built in 1885 to provide a base for the Chinese Consolidated Benevolent Association (CCBA), an organization that campaigned against discriminatory laws at all levels of government. One block away stands 636 Fisgard Street, the current home of the CCBA and the Chinese Public School. Together, the CCBA and Chinese Public School buildings bear witness to the history of school segregation and the 1922 Chinese student strike that struggled against it.

At the turn of the twentieth century, most Chinese students in Victoria attended the Lequn Yishu (Sociability Free School), which was founded by the CCBA in 1899 to accommodate the growing population of Chinese youth. Housed on the third floor of the CCBA Building, the Lequn Yishu taught a classical Confucian curriculum, and was Canada's first Chinese public school. A small number of Chinese students attended other public schools. Even so, white parents voiced objections to having Chinese children study alongside their own. Racial bigotry was pervasive in British Columbia's Anglo-European population, and parents complained that Chinese students were dirty, poorly mannered, and obstructed the progress of the class as a whole. In 1907, the school board responded to these complaints by passing a resolution that forced Chinese students to pass an English exam before being allowed to attend public schools. The exam was a formality to deflect criticisms that the policy was racially prejudiced - French, German, and other linguistic minorities were exempt.

After a legal challenge from the CCBA, the school board agreed to allow Canadian-born Chinese students to attend schools without passing the exam. Another forty Chinese-born children who could not pass the exam were forced to attend the already overcrowded Lequn Yishu school. In response, the CCBA decided to build a new school to accommodate the new students. On August 7, 1909, the Chinese Public School opened at 636 Fisgard Street. The school educated students in Cantonese, and also provided English classes to help Chinese-born students pass public school entrance exams.

Partial segregationist policies remained in place for much of the next decade, but the issue re-emerged in full force in the summer of 1922. That July the school board decided to impose a segregated school system on all of the city's Chinese students. Again, the decision was couched in terms of efficiency and educational goals, but its terms were strictly racial. Only Chinese students were to be relocated, and these without reference to individual students' linguistic or intellectual abilities.

The policy came into effect on September 5, 1922. That day, rather than attend their segregated schools, the Chinese students simply dispersed, leaving Principal Cunningham and others scratching their heads. The school board had spent much of the summer making the necessary arrangements: building a new (if already dilapidated) school, purchasing land from the city, hiring a principal and new teachers. Such expenses would be difficult to justify without even students to show for them. The board refused to back down, however, and the CCBA began to prepare for a long-term strike by organizing a school for the striking students. The Zhonghua Yixue, or Chinese Free School, was opened on November 15. Based in the CCBA Building, the school was financed with voluntary contributions and offered an explicitly Chinese nationalist curriculum.

The student strike continued for a year before the school board finally relented. Students were allowed to return to their original schools in September 1923, but partial segregation remained in place for those with poor English skills. Nonetheless, the strike community succeeded in forcing many Victorians to reconsider the issue of segregation. In the words of historian Timothy Stanley, the students "showed to one and all that racist fantasies were just that" - fantasies. The old CCBA Building at 554-562 Fisgard Street and the still-operating Chinese Public School at 636 Fisgard were born out of widespread discrimination, but today they stand as a testament to the Chinese community's struggle to overcome it.

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kayak: canada’s history magazine for kids

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In September 1922, the Victoria Daily Times reported on a curious incident in the streets of Victoria, British Columbia.

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"The BC School Act is a provincial statue governing primary education and secondary education in B.C. The Act outlines important roles, rights and responsibilities for parents, students and the education system."

Also see: https://www.leg.bc.ca/dyl/Pages/1872-First-Public-School-System-Established.aspx