Rights in Conflict: The Case of Margaret Caldwell

Authors

  • Marie Parker-Jenkins University of Nottingham
  • Judith A. Osborne Simon Fraser University

Keywords:

denominational schools, human rights, employment discrimination, religious freedom, independent schools

Abstract

This paper examines the case of Margaret Caldwell, whose contract was not renewed by the Catholic school at which she was teaching because she married a divorced Methodist in a civil ceremony. Conflicting judgments by British Columbian courts have favoured both parties, and the dispute now faces adjudication by the Supreme Court of Canada. The discussion focuses on the case by examining: the background of the case, the legal status of denominational schools, the rights of the individual in a Canadian context, freedom from discrimination, and the resolution of rights in conflict. It concludes by considering the possible ramifications of the ultimate decision of the Supreme Court of Canada for both the school and Caldwell.

References

Berger, T. R. Fragile freedoms: Human rights and dissent in Canada. Toronto: Clarke, Irwin and Company Ltd., 1982.

Black, W. The Human Rights Code of British Columbia. The Advocate, 1978, 36, 203–209.

Bucsis, M. J. The dismissal policies of the Saskatchewan Separate School Boards. Saskatchewan Law Review, 1981/82, 46, 95–121.

Friedenberg, E. Z. Deference to authority, the case of Canada. New York: M. E. Sharpe Inc., 1980.

Humphrey, J. P. The just requirements of morality, public order and the general welfare in a democratic society. In R. St. J. Macdonald & J. P. Humphrey (Eds.), The practice of freedom. Toronto: Butterworths & Co. (Canada) Ltd., 1979.

Leavy, J. The structure of the law of human rights. In R. St. J. Macdonald & J. P. Humphrey (Eds.), The practice of freedom. Toronto: Butterworths & Co. (Canada) Ltd., 1979.

Macdonald, R. St. J. & Humphrey, J. P. (Eds.) The practice of freedom. Toronto: Butterworths & Co. (Canada) Ltd., 1979.

Mackay, A. W. Human rights in Canadian society: Mechanisms for raising the issues and providing redress. Dalhousie Law Journal, 1977/78, 4, 739–779.

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Published

1985-01-01

How to Cite

Parker-Jenkins, M., & Osborne , J. A. (1985). Rights in Conflict: The Case of Margaret Caldwell. Canadian Journal of Education Revue Canadienne De l’éducation, 10(1), 66–76. Retrieved from https://cje.journals.publicknowledgeproject.org/cje/index.php/cje-rce/article/view/8202

Issue

Vol. 10 No. 1 (1985)

Section

Articles

License

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