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Canadian Teachers and Professionalism

 

After a long, drawn out series of court cases, the Court of Appeal Judges found in Morin's favour. The Judge held that the administrations actions was motivated by a desire to restrict expression and driven by a concern of upsetting parents of students – "the whole context suggests that the purpose was to avoid controversy by prohibiting any possibly controversial content." 5 A similar situation arose in Chamberlain. In this case, a Kindergarten teacher approached the school division for permission to include three books on the subject of same-sex parenting to support a unit on family life education. The board refused on a similar basis as in Morin (concern for parental reaction). The Board in this case argued that the topic of same-sex parenting and homosexuality were not explicitly stated in the curriculum, that this was a controversial topic and could possibly offend parents and community members (district had a high number of conservative religious groups) and further argued that there arose a possibility of cognitive dissonance as a result of the topic not being in line with the views of parents and families. The board's decision was not supported by the provincial Court of Appeal and was asked to reconsider. Ultimately, the board rejected the books on other grounds. However, this case demonstrates that "the issue of what limits can be placed on a teacher's choice of material within the classroom" has not been fully resolved. Additionally, some have criticized the governmental authorities for having sufficiently clear directives, "The province ought to have been more explicit about the learning objectives and the accompanying resources available"6.
             Both cases also highlight a further issue of the difficulty in dealing with balancing competing rights and freedoms. The Morin case suggests that the may be an opportunity to argue on the basis of a teacher's Charter right to freedom of speech as this case established that school boards have an obligation to show that any interference with a teacher's free speech in the classroom is "necessary to address some pressing and substantial harm.


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