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In 1987, the Supreme Court of Canada rejected arguments that the freedom of association in section 2(d) of the Canadian Charter of Rights and Freedoms (hereafter, the Charter) protected a positive right to bargain collectively over working conditions. Between 1987 and 2007, the Supreme Court's jurisprudence on freedom of association was marked by certain tensions. In particular, the Court rejected arguments that freedom of association could have a collective dimension. In addition, the Court adopted a so-called negative approach to freedom of association, stating that section 2(d) of the Charter could not be used to create obligations for the state. The idea that freedom of association conferred negative (as opposed to positive) individual protection against state interference is typical of a liberal view of rights and freedoms. However, in 2007, in Health Services, the Supreme Court relied on underlying Charter values (specifically autonomy, liberty, equality, democracy and dignity) to extend constitutional protection to the right to collective bargaining. In 2015, this constitutional protection was extended to the right to strike. The use of moral values in constitutional adjudication is widespread. In Canada, Charter values are used both to interpret Charter provisions and to weigh competing rights, notably in the proportionality exercise under section 1 of the Charter. Using moral reconstruction as a methodological approach, this thesis examines the use of the values identified in Health Services throughout the Supreme Court's body of case law. From these values, the thesis develops a so-called republican reconstruction of freedom of association. While liberalism emphasises the freedom of the individual from the state, republicanism aims to ensure non-domination in both the private and public spheres. Equality, when considered from a republican perspective, becomes relational equality. Republicanism is particularly relevant to labour law, which is based on a relationship of subordination identified by republican theorists as a relationship of domination. The final chapter of the thesis explores alternative models for protecting republican freedom in the workplace.

As increasingly sophisticated personal-use technologies like drones and home surveillance systems become more common, so too will interpersonal privacy conflicts. Given the nature of these new personal-use technologies, privacy conflicts will increasingly occur in public spaces. Tort law is one area of the Canadian legal system that can address interpersonal conflict and rights-infringements between people with no other legal relationship. However, building on a historical association between privacy and private property, the common and statutory law privacy torts in Canada fail to respond to such conflicts, I argue inappropriately. Privacy is an important dimension of public space, and the social interactions and relationships that arise in public spaces. Failing to recognize public space privacy in tort law leads to an overly narrow understanding of privacy, and can be considered contrary to binding precedent that says that the common law should evolve in line with (or at a minimum, not contrary to) Charter values. The Charter values of privacy, substantive equality, and expressive freedom support various reforms to the judicial understanding of the privacy torts in Canada. Privacy, also understood as "private affairs" or "private facts" in tort, should not be predicated on property, and can sometimes take on greater value in public spaces. Privacy interests should be assessed through a normative lens, with a view to the long-term implications of a precedent for both privacy and substantive equality. Courts should assess privacy through a subjective-objective lens that allows for consideration of the lived experiences and expertise of the parties, their relative power, and their relationships. Adopting these principles into the statutory and common law torts would permit tort law to serve as a legal mechanism for addressing interpersonal, technology-mediated privacy conflicts arising in public spaces. This will be a socially valuable development as such conflicts become increasingly common and potentially litigated.

This study examined the legal, statutory, and governance issues facing virtual charter schools. Virtual models of schooling have the potential to change the face of public education as such schools challenge traditional forms of education. Legislators, policy makers, and school boards must carefully consider existing charter school legislation and determine whether such language is applicable to virtual charter school models. As virtual forms of schooling increase, and choice options for parents become more readily available, the challenge is to develop statutory language that is not overly restrictive but provides a framework from which authorizers and governing boards may operate to ensure the quality, equity, and fiscal responsibility of virtual charter schools. The focus of the study was on the existing legislation in the 19 states with current virtual charter school statutes. The qualitative examination of case law, combined with a review of statutory language, provided the sources of data. Recommendations for policymakers, legislators, departments of education, and school boards were developed to ensure the instructional quality control, the compliance with state and federal statute, and the financial security of virtual charter schools. In an era where choice in education has become mainstream, monitoring the quality of choice options becomes paramount. The development of policies and laws relative to the careful operation of virtual charter schools, from authorization, to governance, to appropriate funding is in the purview of the state. Case law developed in states such as Pennsylvania and Wisconsin where the legality of virtual charter schools has been challenged provides the legal standards for other state legislatures. The establishment of carefully worded legislation that addresses the issues inherent in the next version of school choice is critical to the successful operation of virtual charter schools. Oversight for funding, attendance, curriculum and instruction, and teacher certification is critical in both the authorizing and governance of such schools. Legislation that details the process for enrolling district and out of district students, the process for how the funding flows from the state, to the district, to the virtual charter school, and how the students will be counted for accountability purposes is critical to the successful implementation of virtual charter schools.

The purpose of this case study was to describe how the organization and governance of charter schools influences decisions related to curriculum and assessment methodologies. The study investigated how governance, organization, curriculum, and assessment interrelate to foster increased student performance in a charter school that had been in existence for 6 years and undergone the charter document renewal process. The Charter School studied embodies the intent of the Charter legislation. The Charter School has developed an innovative program that unites parents, teachers, students, and administrators, using shared decision making, a variety of instructional strategies, and performance-based outcomes and assessments, along with district and state required assessments. Curriculum and strategies used for instructional delivery are meaning-centered and related to the real world. Teachers have an opportunity for expanded roles and career options. Choice and freedom are key components of the school's philosophy and embedded into its culture. The organization and governance of the school provide a formal structure for feedback and input by all members of the school community into its operation. Decisions relating to the School's daily operation and the curriculum and instruction an jointly made by parents, teachers, and the administrator. Scores on the required state testing reveal scores substantially higher than the state averages in reading, math, language, and spelling. Students' scores were higher than district scores in reading and language, and the same in math and spelling. However, the small group of students tested demands caution when drawing conclusions about student achievement because it reduces the reliability of the testing data and limits the ability to conclude that an increase in student achievement has been achieved. The Charter School has been able to evolve into an effective school where quality education is occurring in a collaborative and supportive environment. The school has flourished under relaxed governmental regulations and continues to change to meet the needs of students and families.

This thesis is a comparative analysis of the neoliberal market-based reforms and outcomes implemented in both the United States and Sweden during the latter portion of the twentieth century. This thesis highlights the impact associated with the implementation of the reforms then does a comparative analysis of the outcomes. This thesis seeks to uncover the impact of the reforms and the true nature of the reforms. Many classical sociological theories are used to analyze and contextualize the education reforms as a means to preserve existing social stratifications and societal norms and introduce the capacity for private access to public education funding. Theorists used for this thesis include Karl Marx, Max Weber, Samuel Bowles, Herbert Gintis, Iris Marion Young, Stephen J. McNamee and Robert K. Miller. When analyzing these reforms through the lenses provided by the theorists, it is clear that government rhetoric associated with the reforms in both nations served as a disguise for other objectives, which this thesis shows.

No description available.

No description available.

No description available.