ERIC Number: ED232314
Record Type: RIE
Publication Date: 1983
Reference Count: N/A
Termination of Teacher Contracts in Canada.
Harrison, Allen Keith
In Canada, a teacher is deemed to have tenure after serving a probationary period which varies from one province or territory to another. This chapter explains Canadian law as it relates to the termination of teacher contracts. The Canadian court structure and the means of challenging termination decisions are explained. Technical, procedural, and unusual cases are cited, and the present circumstances for termination of teacher contracts are explained with differences in provinces and territories noted. Reasons for termination are categorized as: misconduct, incompetence, neglect of duty, criminal conviction, and redundancy. Also discussed is how these reasons would be evaluated by an appeal board. Grounds for a judicial review include failure to comply with statutory provisions; failure to abide by the rules of natural justice; an error at law on the face of the record; abuse of power; bad faith; failure of a public official to perform a duty; and other grounds peculiar to the case. Conclusions from landmark cases that have established procedures are listed along with implications for school administrators. Recommendations are made for a Canadian model for termination of teacher contracts. (MLF)
Descriptors: Contracts, Court Litigation, Elementary Secondary Education, Federal Courts, Foreign Countries, Hearings, School Law, State Courts, Teacher Dismissal, Teacher Rights, Tenure
Not available separately; see EA 016 000.
Publication Type: Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: In its: School Law Update--1982, p236-56, 1983.