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Implications of Charter litigation for special education policy in Canada Open Access


Other title
special education litigation
Type of item
Degree grantor
University of Alberta
Author or creator
Clayton, Joyce
Supervisor and department
Buck, George (Educational Psychology)
Examining committee member and department
Peters, Frank (Educational Policy Studies)
McDonald, Linda (Educational Psychology, Professor Emeritus)
Hayward, Denise (Educational Psychology)
MacKay, Wayne (Dalhousie University Law School)
Snart, Fern (Educational Psychology)
Department of Educational Psychology

Date accepted
Graduation date
Doctor of Philosophy
Degree level
Twenty-five years have elapsed since the equality provisions of the Charter of Rights and Freedoms came into force for Canadian institutions. During this time courts and human rights tribunals been called upon to describe what equality rights mean for Canadians with disabilities. Parents of children with disabilities have used these processes as a way of clarifying their child’s right to an education and resolving disputes about the provision of special education programming and services. This study builds upon and extends the body of research conducted between 1985 and 1998 that identified the influence of court and tribunal decisions on special education policies across Canada. The goal of this study is to identify how Charter equality provision litigation between 1999 and 2008 has influenced the continued refinement of special education policy frameworks across the country.
License granted by Joyce Clayton ( on 2011-04-12T19:27:32Z (GMT): Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of the above terms. The author reserves all other publication and other rights in association with the copyright in the thesis, and except as herein provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission.
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