Table Of Content

UNIVERSITY OF TORONTO FACULTY LAW of VOTTTH AND THE LAW CASEBOOK 2012 University of Toronto Faculty of Law VOLUME ONE Eric M Roher Partner Borden Ladner Gervais LLP Scotia Plaza 40 King Strret West Toronto, Ontario M5H 3Y4 Tel: (416) 367-6004 E-mail: [email protected] BORA LASKIN LAW LIBRARY JAN - 5 2012 FACULTY OF LAW UNIVERSITY OF TORONTO UNIVERSITY OF TORONTO FACULTY LAW of YOUTH AND THE LAW CASEBOOK 2012 University of Toronto Faculty of Law VOLUME ONE Eric M Roher Partner Borden Ladner Gervais LLP Scotia Plaza 40 King Street West Toronto, Ontario M5H 3Y4 Tel: (416) 367-6004 E-mail: [email protected] Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/youthlawcasebook01 rohe INDEX YOUTH AND THE LAW University of Toronto Faculty of Law VOLUME 1 Page No. 1. Youth Rights International Dimensions David Gutierrez, “U.S. School District to Begin Microchipping Students” (2008). 1 Dragomir v. Canada (Citizenship and Immigration), 2008 FC 1241.1 2. Freedom of Expression Eric M. Roher, “Untangling the Web: Cyberbullying and the Law” An Educator’s Guide to Violence in Schools, Second Edition.5 American Experience Beussink v. Woodland R-IV School District, 30 F. Supp. 2d 1175 (U.S. Dist. 1998) ...17 J.S. v. Bethlehem Area School District, 757 A. 2d 412 (Pa. Commw. 2000) .23 Killion v. Franklin Regional School District, 136 F. Supp. 2d 446 (U.S. Dist. 2001) .35 Keith Mitchell, “Student Free Speech Addressed By United Sates Supreme Court in ‘Bong Hits 4 Jesus’ Case” (2007).45 Canadian Experience Lutes (Litigation Guardian of) v. Prairie View School Division No. 74, [1992] S.J. No. 198 (Sask. Q.B.).49 E.B.J. (Litigation Guardian of) v. Upper Canada District School Board..49 Zhang v. University of Western Ontario [2010] O.J. No. 5723, 328 D.L.R. (4th) 289.57 3. Suspensions & Expulsions: Due Process Eric M. Roher, “Student Discipline Procedures”, An Educator’s Guide to Violence in Schools, Second Edition.67 Eric M. Roher, “Has Bill 212 Made Ontario Schools Safer? ” Education Law News Winter 2009, p. 11 -18.85 Bill 212, Education Amendment Act (Progressive Discipline and School Safety) 2007.93 Bill 157, Education Amendment Act (Keeping Our Kids Safe at School) 2009.115 Bill 13, Accepting Schools Act (Amending the Education Act respecting bullying and other matters), 2011.125 M. v. Toronto District School Board, CFSRB SS08 - 0019, dated December 30, 2008.135 The Provincial Code of Conduct PPM No. 128, issued on October 4, 2007.147 Bullying Prevention and Intervention, PPM No. 144, issued on October 19, 2009.159 Progressive Discipline and Promoting Positive Student Behaviour, PPM No. 145, issued on October 19, 2009.167 4. Negligence and Liability in Schools Eric M. Roher, “Negligence and Liability”, The Role of the Principal, Second Edition.177 Myers et al. v. Peel County Board of Education et al. [1981] 2S.C.R. 21 (S.C.C.).199 Thomas v. Hamilton (City) Board of Education (1994), 20 O.R. (3d) 598 (Ont. C.A.).t.213 Fraser v. Campbell River School District No. 72 {1988), 54 D.L.R. (4th) 563 (B.C.C.A.).251 Misir v. Children ’s Rehabilitation Centre of Essex County, [1989] O.J. No. 1653 (Q.L.) (Dist. Ct).257 McCue v. Etobicoke (Borough) Board of Education, [1982] O.J. No. 1934 (Ont. H.C.J.).265 Bain v. Calgary Board of Education [1994] 2 W.W.R. 468, 14 Alta. L.R. (3d) 319 (Q.B.).275 Walsh v. Buchanan [1995] O.J. No. 64 (Ont. Gen. Div. Ct.).307 5. The Intersection of Criminal Law and Education A. Wayne Mackay, “Rights, Responsibilities, Relationships: Balancing Order with Student Rights” .343 R.vM. (M.R.) (1998), 129 C.C.C. (3d) 361 (S.C.C.346 A. Wayne Mackay, “Don’t Mind Me, I’m from the R.C.M.P.: R. v. M. (M.R.) - Another Brick in the Wall Between Students and Their Rights”.363 R. V. A.M. (2008), 230 C.C.C. (3d) 377 (S.C.C.).367 Sari Wiens, “Charter Rights and Police Search of a Student Knapsack on School Grounds” (2007).389 Greg M. Dickinson, “Court of Appeal Upholds Exclusion of Evidence obtained in Dog Sniff Search of Backpack”, October 2006.393 R. v. S.M.Z. (1998), 131 C.C.C. (3d) 436 (Man.C.A.)...399 6. Violence in Schools Eric M. Roher, “Violence in Schools: The Scope of the Problem”, An Educator’s Guide to Violence in Schools, Second Edition.407 School Community Safety Advisory Panel, “The Road to Health: A Final Report on School Safety” - Executive Summary, p. 1-6.425 The Schools Action Team, “Shaping a Culture of Respect in Our Schools: Promoting Safe and healthy Relationships”, December 11, 2008.433 Roots of Youth Violence, Task Force, Executive Summary.445 J.G. v. Kawartha Pine Ridge District School Board, 2009, CFSRB 16.469 Kawartha Pine Ridge District School Board v. Grant (2010), 186 A.C.W.S. (3d) 713, 2010 ONSC 1205 (Div. Ct.).477