Difference between revisions of "Rights of the Child (6:VI)"

The ''School Act'', RSBC 1996, c 412 states that all children must be enrolled by the first school day of a school year if, on or before December 31 of that school year, the child will have reached the age of 5 years (s 3(1)(a)). Parents may, however, defer enrolment until the first school day of the next school year (i.e. until age 6) (s 3(2)). Once enrolled, children must remain in an educational program until they are 16 (s 3(1)(b)). Whether children attend public or private schools, they must be registered on or before September 30 in each year either with a school or with the Minister (s 13). Students must also comply with the rules, code of conduct, and policies set by the Board or school (s 6).  

Individual students and their parents are entitled to examine, on request, all records pertaining to that student while accompanied by the principal or a person designated by the principal (''School Act'', s 9). Student records identifying the student will not be released to other parties except when required by law, or if the student or parent consents to the disclosure in writing.

Every student in B.C. is entitled to instruction in English (''School Act'', s 5). However, under the Canadian Charter of Rights and Freedoms, students whose parents are citizens of Canada have the right to receive primary and secondary school instruction in either English or French if:  

The ''School Act'' states that public schools must be conducted on strictly secular and non-sectarian principles (s 76(1)).  

''Moore v British  Columbia (Education)'', 2012 SCC 61 at para 36 determined that BC had discriminated against a dyslexic boy when it cut the special needs program  during a financial crisis. The SCC found that he was denied a service customarily available to the public. The service denied was not access to a special needs program, but meaningful access to education generally. Discrimination was found because the cuts disproportionately affected special needs programs and there was no evidence that BC considered other options.  

Parents are jointly and severally liable for intentional or negligent damage to school property caused by their children (s 10). There is no action against a Board or its employees unless the actionable conduct included dishonesty, gross negligence, malicious or wilful misconduct,  or the cause of action is libel or slander (s 94(2)). Section 94 does not absolve a Board from vicarious liability.  

Any person who believes a child, whether registered or not, is not receiving an educational program can make a report to the superintendent of schools (s 14(1)). An action lies against that person only if the report is made maliciously (s 14(3)).  

Under the ''Infants Act'', (s 17), a minor can consent to surgical, medical, mental, or dental treatment without the agreement of their parents, so long as the health care provider has: i) explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care; and ii) has made reasonable efforts to determine and has concluded that the health care is in the infant's best interests. This includes requests for birth control advice and products, and for abortions.