LawNowrelating law to life in Canada Back to School Included in this Issue Special Report Canada as a Bilingual Country Columns Paying Employee Earnings Charity Law Reforms Reinstating Discriminated Employees Volume 44-1 September/October 2019 We would like to thank the Alberta Law Foundation and the Department of Justice Canada for providing operational funding, which makes publications like this possible. © 2019, Legal Resource Centre of Alberta Ltd., Edmonton, Alberta. Operating as: Centre for Public Legal Education Alberta The Legal Resource Centre of Alberta Ltd., operating as the Centre for Public Legal Education Alberta, is a non-profit organization whose mission is to help people understand the law as it affects their everyday lives. We develop plain language booklets, presentations, and other learning materials to help people recognize and respond to their legal rights and responsibilities. We have a variety of programs, and provide legal information and referrals on many legal topics. For more information, please visit www.cplea.ca 2 LawNow About LawNow The contents of this publication are intended as general legal information only. It is not legal advice. Opinions and views expressed are those of the writers and do not necessarily reflect the opinion of the Legal Resource Centre of Alberta Ltd. and/or the Centre for Public Legal Education Alberta. Permission to reproduce material from LawNow may be granted upon request. LawNow is published six times per year. More information is available on our website at: www.lawnow.org Publisher Jeff Surtees Editor/Legal Writer Jessica Steingard Designer Jessica Nobert 3 LawNow September marks the beginning of another school year. This issue looks at current legal topics impacting Alberta parents, Contents students, teachers, and beyond. This issue also reports on In This Issue Canada as a bilingual country. Departments 6 Featured Back to School 42 BenchPress 7 Gay-Straight Alliances (GSAs) 44 Note from the Publisher Linda McKay-Panos Bill 8: The Education Amendment Act comes into force on 45 Viewpoint September 1, 2019 and changes the law on GSAs. 11 In Loco Parentis Peter Bowal and John Rollett By way of the in loco parentis doctrine, teachers stand in essentially the same legal position as parents. 14 Distracted Driving and the Traffic Safety Act Shaun Fluker Distracted driving has become a major public safety issue with the proliferation of mobile technology and the in- dash features of modern vehicles. 20 Student Legal Assistance Susan V.R. Billington and Michelle De Cambra Celebrating 40 years of law students providing access to justice in Calgary and area. 23 Student Legal Services Sarah McFadyen Celebrating 50 years of law students providing access to justice in Edmonton and area. 4 LawNow 25 Special Report 47 Columns Canada as a Bilingual Country 48 Consumer 26 The Constitutional Basis for Bilingualism 50 Employment in Canada Peter Bowal and John Rollett 52 Environment Canada’s Constitution establishes and protects bilingualism. 55 Famous Cases 30 Why is Canada a Bilingual Country? 58 Human Rights Myrna El Fakhry Tuttle Law & Literature Canada has two official languages: French and English. 61 We always wonder why. 63 Not-for-Profit 33 Other Official Languages in Canada Charles Davison There are other official languages in two territories: Nunavut and the Northwest Territories. 37 Assurer l’éducation en français : les Franco-Albertains et leurs droits linguistiques (Ensuring French Education: Franco- Albertans and their Linguistic Rights) Association des juristes d’expression française de l’Alberta (AJEFA) L’Alberta compte également la population francophone ayant la croissance la plus rapide au Canada après le Québec. (Alberta accounts for the fastest growing francophone population in Canada after Québec.) 5 LawNow Featured Back to School 6 LawNow • 50% of LGBTQ youth reported self-harming Gay- (compared to 35% of heterosexual youth); • 53% of LGBTQ youth felt unsafe at school (compared to 3% of heterosexual youth); Straight and • 30-50% of homeless youth identify as LGBTQ. Alliances According to Ian Macgillivray (see: Gay- Straight Alliances: A Handbook for Students, Educators and Parents, 2007), gay-straight (GSAs) alliances ARE: Linda McKay-Panos • student clubs started and run by students, for students; Gay-straight alliances (GSAs) are groups • treated like any other student club in a formed in schools and run by students with school; teacher support or sponsorship. The purpose of a GSA is to create welcoming, caring, • a safe place for students to get support respectful and safe spaces for LGBTQ2S+ that they sometimes cannot find at home; (Lesbian, Gay, Bisexual, Transgender, Queer or • a good way to address the social and Questioning, Two-Spirit, Intersex, Pansexual, emotional isolation endured by some Asexual, Androgynous) students and their LGBTQ students; allies. GSAs often work on advocacy, human rights and awareness projects to make their • an effective way to educate the school communities more inclusive. According to community about human rights, equality Calgary’s Centre for Sexuality, over 100 schools and diversity; and in Calgary and area have GSAs. • shown to decrease bullying, violence and risky behaviours. Overview of GSAs GSAs have sprung up in schools across the On the other hand, he notes that gay-straight United States and Canada over the last thirty alliances are NOT: years. These groups have been formed mostly • sex or dating clubs; in response to some troubling statistics about • an official endorsement of sexual LGBTQ2S+ youth. A 2011 Canadian survey orientation; revealed the following: • limited to LGBTQ students; or • one in five Canadian LGBTQ students experience bullying every day; • anti-faith or anti-religious. • 90% of those are bullied with words; Bill 8: The Education • 70% hear transphobic (fear, discrimination or hatred against transgender people) Amendment Act will come into remarks every day; force on September 1, 2019. • 37% of students are harassed about their Studies conducted in schools with GSAs parents’ sexual orientation; indicate that GSAs make schools safer for • 44% of LGBTQ youth reported thinking LGBTQ students by sending a message that about, considering or planning suicide verbal and physical harassment will not be (compared to 26% of heterosexual youth); tolerated. Further, LGBTQ students are less Featured Back to School 7 Gay-Straight Alliances (GSAs) LawNow likely to miss school because of safety issues. In 2015, the Alberta government amended GSAs also help LGBTQ students identify the School Act. The key amendments provided supportive school staff, which can have a that: positive impact on their academic achievement • Alberta schools could not notify parents if and experiences. (See Gay-Straight Alliances: their child joined a GSA; Creating Safer Schools for LGBT Students and their Allies, GLSEN Research Brief.) In addition, • principals could only inform parents that the University of British Columbia concluded a GSA existed in the school (s. 50.1; s. that GSAs in schools reduce the risk of suicide 16.1(6)); for all students. • if a student or group of students applied for permission to establish a “student organization” (this included GSAs), permission should be immediately granted by the principal (s. 16.1); • principals could not prohibit or discourage students from calling the club a “gay- straight alliance” or “queer-straight alliance” (s. 16.1(3.1)); and • all schools in Alberta that receive public History of GSAs in Alberta funding must publish a policy that clearly allows students to form a gay-straight Alberta Education has stated that students alliance (s. 45.1). who attend schools with GSAs are far more likely to say that their schools are supportive Section 45.1(5) of the School Act set out of LGBTQ people. Students are more willing requirements for these policies: to reveal their sexual orientation or gender identity and see their school climate as A code of conduct … must contain the becoming less homophobic. Other positive following elements: impacts reported by Alberta Education include: • greater school attachment and (a) a statement of purpose that provides connectedness which lead to higher a rationale for the code of conduct, with a academic achievement, greater focus on welcoming, caring, respectful and participation in the school community, and safe learning environments; lower levels of depression; (b) one or more statements about what • increased student safety and decreased is acceptable behaviour and what is incidents of bullying; unacceptable behaviour, whether or not it • improved mental health and student well- occurs within the school building, during being; the school day or by electronic means; • higher self-esteem and positive identity (c) one or more statements about the development; consequences of unacceptable behaviour, • increased development of advocacy and which must take account of the student’s leadership skills; age, maturity and individual circumstances, and which must ensure that support is • increased representation of visible LGBTQ provided for students who are impacted identities, which can help to challenge by inappropriate behaviour, as well as for stereotypical gender norms; and students who engage in inappropriate • improved climate of gender inclusion and behaviour. improved respect for differences. Featured Back to School 8 Gay-Straight Alliances (GSAs) LawNow In 2018, a group of parents, private schools • while Alberta privacy legislation governs and