Judicial Decisions and the Public Schools.
While the statute law governing B.C.'s public schools is familiar to a majority of its educators, there appears to be widespread uncertainty as to the content and relevance of judicial decisions, and also as to the ways in which the courts and various quasi-judicial bodies make the decisions. The major purpose of the research reported herein was to evaluate the extent and the significance of these decisions as they relate to public school operations in British Columbia. Scattered information concerning relevant decisions was gathered, organised and evaluated. In addition, a number of issues concerning the current and future impact of judicial decisions on school operations were brought into perspective. Major conclusions were: (1) judicial decisions do play a significant role in B.C. public school operations; (2) greater interest, knowledge and involvement on the part of educators is required.
The Bounded Politics of School Desegregation Litigation.
The courts, a dominant force in the creation of school desegregation policy, are commonly perceived as making decisions primarily legalistic in nature. In this article, David Kirp examines the evolution of Supreme Court doctrine since the Brown decision in 1954; the progression of specific desegregation cases through the trial courts; and the interchange between political institutions and the courts at the local level. His analysis reveals that the decision-making process in contemporary school desegregation cases is both a political and a constitutional event.
Equality before the Law in the Supreme Court of Canada: A Case Study
The twentieth anniversary of the enactment of the Canadian Bill of Rights is being celebrated at a time of great political uncertainty in Canada. The fundamental structure of Canadian federalism, if not its very survival, is the subject of heated debate. Much of the debate revolves around the aspirations of the provinces to gain a larger measure of legislative authority over economic and cultural matters, and their desire to have a greater input into the governing process at the federal level. Within the context of this debate, the role of the Supreme Court of Canada is a crucial element. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol18/iss3/2 EQUALITY BEFORE THE LAW IN THE SUPREME COURT OF CANADA: A CASE STUDY By MARC EMMETT GOLD*