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Interesting thing about Min of Ed decision to reopen schools in a particular way, is how stark of a contrast it is to the position of other stakeholders.
My curiosity and concern is of a legal nature:
My curiosity and concern is of a legal nature:
I invite any others familiar with the law on this matter to weigh in, but, I am not familiar with Canadian (let alone Ontario's duty to consult with the general public on general matters.
In the UK, however, a duty to consult is canonized through the Sedley Requirements.
In the UK, however, a duty to consult is canonized through the Sedley Requirements.
The law in that jurisidiction says: Whether or not there is a legal duty to consult, where consultation is carried out it must be done fairly. What is fair will depend on the circumstances of the case and the nature of the proposals under consideration.
These consultations must comply with several principles:
1) Consultation must take place when the proposal is at a formative stage.
2) Sufficient reasons must be put forward for the proposal so as to allow for intelligent consideration and response.
1) Consultation must take place when the proposal is at a formative stage.
2) Sufficient reasons must be put forward for the proposal so as to allow for intelligent consideration and response.
3) Adequate time must be given for consideration and response.
4) The product of the consultation must be conscientiously taken into account.
4) The product of the consultation must be conscientiously taken into account.
Ironically, a court case in 1985 relating to a school closure consultation (R v London Borough of Brent ex parte Gunning) ushered in the development of these principles.
Prior to this, very little consideration had been given to the laws of consultation.
Prior to this, very little consideration had been given to the laws of consultation.
I wonder if we have found ourselves at a similar juncture in Ontario.
If the government has fallen below any reasonable standards of consultation, do we have any recourse? Perhaps now is the time to litigate and expand the case law of consultation.
If the government has fallen below any reasonable standards of consultation, do we have any recourse? Perhaps now is the time to litigate and expand the case law of consultation.
Assuming @ONeducation haven't fulfilled the standards of the Sedley Principles, and there are no Ontario laws speaking to something similar... are there any colleagues or stakeholders up for changing some case law?
