Legal Cases Powerpoint Nathalie Boucher

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Information about Legal Cases Powerpoint Nathalie Boucher
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Published on June 7, 2016

Author: nathalie413746

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Legal Cases: Legal Cases Nathalie Boucher 100367383 EDUC 2404U June 7 th 2016 Case #1: Langstaff v. Marson: Case #1: Langstaff v. Marson When Langstaff was 12 years old he was enrolled at Harry J. Clarke Public School in Belleville where Marson was his science teacher for the year 1976/77. Marson over the years had developed a mini-zoo which needed regular maintenance and cleaning. A previous principal had given Marson a school key, but the School B oard and principal at the time were unaware that he had a key. Langstaff assisted Marson to maintain his mini-zoo.  That allowed Marson to be alone in the classroom with the Plaintiff during recess, after school, on weekends and during holidays.  Marson used that opportunity to sexually assault Langstaff over a period of about 12 months . Around the year 2006, Marson was charged with assaulting Langstaff as well as assaulting four other students at various times during the 1970’s. Langstaff v. Marson, 2013 ONSC 1448 (CanLII)> , http://canlii.ca/t/fwx5q . Retrieved on 2016-06-05 Case #2: Patrick v. St. Clair catholic district school board: Case #2: Patrick v. St. Clair catholic district school board In the year 2000, a group of grade 8’s were playing a game of “keep away” before the first class in the morning. Two teachers were assigned to yard duty by the principal and were responsible for supervising before classes began. During the game D.G pushed Jeffrey Patrick (“Jeffrey”) to the ground. Jeffrey got up and pushes were exchanged and Jeffrey fell again. The back of his head hit the ground while D.G got on top of him and punched Jeffrey in the face a number of times. Jeffrey suffered a brain injury. D.G was charged as a young offender and convicted of assault. Jeffrey never returned to school. It was noted that both boys had been identified with special needs throughout their schooling. The plaintiffs position was that the Board and the teachers were negligent and had they not been negligent, Jeffrey’s injuries would not have occurred. Patrick v. St. Clair Catholic District School Board, 2013 ONSC 4025 (CanLII), < http://canlii.ca/t/g2vjr>, retrieved on 2016-06- 06 Initial Thoughts: Initial Thoughts Post your initial ideas about the two cases to Padlet . What do you think was the final decision of the cases? What other information would you need to know in order to come to a conclusion about the cases? How would you feel if you were the student, the teacher, the Board, or the parents of the students? Padlet link: https :// padlet.com /wall/qymqpjweme1w reason why: reason why Case 1 : I found it intriguing to see that law cases can occur years after. Even a retired teacher can be charged after an event that occurred years before when they were working at as a teacher. I also chose this case study because I was interested to compare the rights and responsibilities of a teacher back in the 1970s Case 2: I was interested to read about a situation that occurred while on yard duty when it would seem difficult for teachers to monitor all students In this case not only were the teachers on duty being charged with negligence, but the School B oard as well Significance to me: Significance to me Case 1: This legal case is something that I would never in my mind consider, but as a teacher, I need to be aware of the teachers I am working with. No one knew about the teacher having access to the school after hours. No other staff was able to pick up on the students who were being assaulted Case2: As a teacher I will be responsible for supervising duties either in the school or out on the yard I will be responsible for the safety of the students and therefore it is important to know the rules and responsibilities as a teacher so that I may always be able to provide for my students Final court decision Case #1: Final court decision Case #1 This case was not only charging Marson, but as well the School Board as they were responsible for Marson and they could have stepped in to prevent these incidents from occurring. The School Board clearly did not authorize the acts of sexual assault, but they were aware of his mini-zoo, which provided Marson alone time with students. The School Board further states that the imposition of vicarious liability on the Board for acts Marson committed as a teacher more than 30 to 40 years ago would not serve to deter future risk. The judge and jury find the Board and Marson guilty of abuse due to the emotional and physical abuse that the children experienced, and the School Board is found in vicarious liability for the acts of Marson and the sexual assault of Langstaff. Final court decision Case #2: Final court decision Case #2 Throughout the trial, the defendant as well as the plaintiff brought forth many other cases that have occurred recently in Ontario with similar circumstance. Though some of the cases teachers were considered negligent, some of the cases were also dismissed. The defendant stated that the supervision on the yard was sufficient and and the main issue occurred when the boy Jeffrey was punched which could not have been prevented no matter how many teachers were on the yard for duty. The plaintiffs main position was that there was not enough supervision during the time of the incident, and that the teachers failed to document the incident. Even though there was no extra supervision, that in itself does not breach the duty of care that the school owed to Jeffrey. Due to the evidence, this case was dismissed from the court. Comparing the cases: Comparing the cases Similarities Differences Students were abused Negligence was a main issue The School Board as well as the teacher were considered responsible Both students lives were completely altered by these incidents Case 2 was dismissed as the teachers and School Board were not seen as breaking any rules, responsibilities or acts Case 1 occurred years ago and was on going for many years Legal implication: Charter of Rights and Freedom and the constitution Act: Legal implication: Charter of Rights and Freedom and the constitution Act Constitution Acts, 1867 to 1982. (n.d.). Retrieved June 06, 2016, from http://laws-lois.justice.gc.ca/eng/Const/page-15.html Case 1 Legal Rights: -Everyone has the right to life, liberty, and security -Everyone has the right to be secure against unreasonable search or seizure Fundamental Freedoms: -Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication Treatment or Punishment: -Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Legal implication: Charter of Rights and Freedom and the constitution Act: Legal implication: Charter of Rights and Freedom and the constitution Act Case 2 Legal Rights: -Everyone has the right to life, liberty, and security -Everyone has the right to be secure against unreasonable search or seizure Treatment or Punishment: -Everyone has the right not to be subjected to any cruel and unusual treatment or punishment . Equality Rights: - Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Constitution Acts, 1867 to 1982. (n.d.). Retrieved June 06, 2016, from http://laws-lois.justice.gc.ca/eng/Const/page-15.html Ontario Law: education act: Case 1: Duties of Teacher -(a) to teach diligently and faithfully the classes or subjects assigned to the teacher by the principal -(b) to encourage the pupils in the pursuit of learning ; -(e) to maintain, under the direction of the principal, proper order and discipline in the teacher’s classroom and while on duty in the school and on the school ground Case 2: Duty and Powers of Boards: -(a)promote the prevention of bullying ; -(a .1) promote a positive school climate that is inclusive and accepting of all pupils Duties of Teacher: -(e) to maintain, under the direction of the principal, proper order and discipline in the teacher’s classroom and while on duty in the school and on the school ground - (l) to perform all duties assigned in accordance with this Act and the regulations Ontario Law: education act Education Act. (2014). Retrieved June 06, 2016, from https://www.ontario.ca/laws/statute/90e02 Ontario Laws: OCT act and ethical standards: Case 1: OCT Act: 4.2 Every member of the Council shall, in carrying out his or her duties, serve and protect the public interest Ethical Standards: - Care ; includes compassion, acceptance, interest and insight for developing students potential - Respect ; honour human dignity, emotional wellness, and cognitive development - Trust; embodies fairness, openness, and honesty - Integrity ; honesty, reliability, and moral action Case 2: OCT Act: 4.2 Every member of the Council shall, in carrying out his or her duties, serve and protect the public interest Ethical Standards: - Care; includes compassion, acceptance, interest and insight for developing students potential - Trust; embodies fairness, openness, and honesty Ontario Laws: OCT act and ethical standards Ethical Standards | Ontario College of Teachers. (n.d.). Retrieved June 06, 2016, from http://www.oct.ca/public/professional-standards/ethical- standards Ontario. (2014). Ontario College of Teacher Act. Retrieved June 06, 2016, from https://www.ontario.ca/laws/statute/96o12 Ontario Laws: child and family service act: Case 1: Child rights: 104.A child in care has a right, to have reasonable privacy and possession of his or her own personal property -right to be heard and informed Duty to Report child in need of protection: 1 . The child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person’s 3. The child has been sexually molested or sexually exploited or there is a risk of sexual abuse Case 2: Duty to Report child in need of protection: 1. The child has suffered physical harm, inflicted by the person having charge of the child or caused by or resulting from that person’s 12. The child is less than 12 years old and has killed or seriously injured another person or caused serious damage to another person’s property Ontario Laws: child and family service act Ontario. (2014). Child and Family Service Act. Retrieved June 06, 2016, from https://www.ontario.ca/laws/statute/90c11 conclusion: conclusion Every case is unique, and will change which legal act pertains to it. You can be charged with an offence years after the original incident may have occurred, even if you are no longer employed by that School Board or Company. There are plenty of legal acts in Ontario and Canada that have been designed to implement safety and freedom for Canadians of all ages The rules, regulations, rights and freedoms are not just to protect the students from harm, but to protect the staff members from harm and wrongful prosecution as well It is important as a future teacher to be aware of possible legal ramifications of misconduct, and the large scale of responsibilities on my shoulders to protect my future students and co-workers at all times. References: References Constitution Acts, 1867 to 1982. (n.d.). Retrieved June 06, 2016, from http://laws-lois.justice.gc.ca/eng/Const/page-15. html Education Act. (2014). Retrieved June 06, 2016, from https ://www.ontario.ca/laws/statute/ 90e02 Ethical Standards | Ontario College of Teachers. (n.d.). Retrieved June 06, 2016, from http://www.oct.ca/public/professional-standards/ethical- standards Langstaff v. Marson, 2013 ONSC 1448 (CanLII), < http://canlii.ca/t/fwx5q>, retrieved on 2016-06- 05 Ontario. (2014). Ontario College of Teacher Act. Retrieved June 06, 2016, from https://www.ontario.ca/laws/statute/ 96o12 Ontario. (2014). Child and Family Service Act. Retrieved June 06, 2016, from https://www.ontario.ca/laws/statute/ 90c11 Patrick v. St. Clair Catholic District School Board, 2013 ONSC 4025 (CanLII), < http://canlii.ca/t/g2vjr>, retrieved on 2016-06- 06

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