Thesis (Ed.D.)--Boston University

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The education system of British Columbia is constituted by statute. The constitutional statute is called the Public Schools Act (1972). The Public Schools Act Regulations are part of the Act. This Act names various officials (constituents). The constituents include the Minister of Education, the Deputy Minister of Education, Provincial and District Superintendents, Teachers, Principals, Trustees and such persons as may be required to give effect to the provisions of the Act. If it is assumed that the term administration refers to acts of governing, controlling, inducing co-operation and similar kinds of acts, then it may be the case that many constituents of the British Columbia education system engage at least periodically in some form of administrative action. Each constituent that acts administratively has some authority and/or power over someone or something. This capacity may be regarded as a basis of many administrative relationships among the education system's constituents. The Public Schools Act establishes what kinds of authority and degrees of power each constituent has. Without a careful examination of the statutory provisions of the Act, the kinds of legal administrative authority and the degrees of power of the system's constituents cannot be determined. The central problem of the study is to determine the kinds of statutory administrative authority and power of the constituents of the British Columbia educational system. The problem is approached by establishing the nature of the political context within which the administration of education takes place; and by analyzing the statutory documents governing education in British Columbia. The study sets out the many statutorily posited relationships of constituents, and concludes that there is a strong parallel between political and administrative action and that administration in education cannot be fully appreciated without attention to the political context of provincial government which is the source and operating environment of public education. / Education, Faculty of / Graduate

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This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education. / This thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented. / In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec. / The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.

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