Former Canadian Minister of Trade, Richard John Cartwright, once said:
“every real friend of liberty, will agree with me in saying that if we must erect safeguards, they should be rather for the security of the individual than of the mass”.
It was in this spirit that the Canadian Charter of Rights and Freedoms were established over a century later, entrenched in Canadian law. However, in our modern society, there still persists a struggle between two major groups: those who wish to enforce policies and those who wish freedom from any such enforcements. The Charter has formed the base around which both groups build their arguments. The task of balancing and deciding which side is in the right falls upon judiciaries, who utilize …show more content…
Within a school environment, it is of some concern to parents and administrative staff that inappropriate clothing may create an unconducive atmosphere for learning. Vulgar text, overly exposed skin, and gang symbols will all fall within this category. Another purpose may be to adequately prepare the students for the “real world”, which should be the main purpose of education. After all, many organization have in place strict dress codes that provide even less leeway, and it is arguable that the policies train students in the discipline that they will require. Both arguments are strongly refuted and countered by opposition who champion freedom of expression. On this side, it is argued that to restrict exposed skin is demeaning to students and teachers alike as it suggests a sexualization which they argue should be punished instead. Freedom of clothing does not disrupt a healthy learning environment and would train students to grow into more open-minded adults who would be able to challenge and change similar unfairness in the workplace. The analysis of the effectiveness of the policies cannot be objectively measured as there is no information from an educational system without such restrictive policies. Instead, as shown by the decline of uniforms, there has been a shift in the cultural ideologies to adopting the less conservative as …show more content…
By analyzing the school’s policy against inappropriate and undistinctive clothing, I have found substantial evidence for and against the school. However, upon the utilization of the Oakes’ test, I have determined that the school’s policies do follow the constitution within its reasonable limits. Firstly, the law can be considered substantial and useful within the school environment. Due to the nature of educational institutes, and the current realities of our society, it is important to be trained in discipline and appropriate attire. As well, the school environment should be welcoming to everyone and such policy would be able to deter students from wearing apparel with racial slurs or other such items. However, the wording of the policy is too vague and unspecific, leaving it open to administrative interpretation that may be unfair or discriminatory. To combat this, the wording of the policy must my improved to represent a more fair system and disallow such broad subjectivity. This would also curb any of the unintended negative consequences by introducing a gender equality that may permeate into other areas of life as well. Thus, policy makers may draw the line at a point that doesn’t introduce other hazards; for example requiring sweaters during the summer. To conclude, it is beyond reasonable
“every real friend of liberty, will agree with me in saying that if we must erect safeguards, they should be rather for the security of the individual than of the mass”.
It was in this spirit that the Canadian Charter of Rights and Freedoms were established over a century later, entrenched in Canadian law. However, in our modern society, there still persists a struggle between two major groups: those who wish to enforce policies and those who wish freedom from any such enforcements. The Charter has formed the base around which both groups build their arguments. The task of balancing and deciding which side is in the right falls upon judiciaries, who utilize …show more content…
Within a school environment, it is of some concern to parents and administrative staff that inappropriate clothing may create an unconducive atmosphere for learning. Vulgar text, overly exposed skin, and gang symbols will all fall within this category. Another purpose may be to adequately prepare the students for the “real world”, which should be the main purpose of education. After all, many organization have in place strict dress codes that provide even less leeway, and it is arguable that the policies train students in the discipline that they will require. Both arguments are strongly refuted and countered by opposition who champion freedom of expression. On this side, it is argued that to restrict exposed skin is demeaning to students and teachers alike as it suggests a sexualization which they argue should be punished instead. Freedom of clothing does not disrupt a healthy learning environment and would train students to grow into more open-minded adults who would be able to challenge and change similar unfairness in the workplace. The analysis of the effectiveness of the policies cannot be objectively measured as there is no information from an educational system without such restrictive policies. Instead, as shown by the decline of uniforms, there has been a shift in the cultural ideologies to adopting the less conservative as …show more content…
By analyzing the school’s policy against inappropriate and undistinctive clothing, I have found substantial evidence for and against the school. However, upon the utilization of the Oakes’ test, I have determined that the school’s policies do follow the constitution within its reasonable limits. Firstly, the law can be considered substantial and useful within the school environment. Due to the nature of educational institutes, and the current realities of our society, it is important to be trained in discipline and appropriate attire. As well, the school environment should be welcoming to everyone and such policy would be able to deter students from wearing apparel with racial slurs or other such items. However, the wording of the policy is too vague and unspecific, leaving it open to administrative interpretation that may be unfair or discriminatory. To combat this, the wording of the policy must my improved to represent a more fair system and disallow such broad subjectivity. This would also curb any of the unintended negative consequences by introducing a gender equality that may permeate into other areas of life as well. Thus, policy makers may draw the line at a point that doesn’t introduce other hazards; for example requiring sweaters during the summer. To conclude, it is beyond reasonable