Personal blog

By Jimena Taquire As an educator, my professional journey has always been guided by a commitment to fostering inclusive, safe, and effective learning environments. However, this course has profoundly shifted my understanding of the bedrock upon which these environments are built: the intricate scope of legal principles. My previous awareness of legal issues was largely reactive, addressing problems as they arose. Now, I approach my practice with a proactive, deeply informed perspective, recognizing that legal principles are not external constraints but integral components shaping every aspect of educational organizations and spaces. This reflection examines how this newfound knowledge that resonated more for me, particularly concerning the Canadian Charter of Rights and Freedoms, tortious liability, criminal law, employment law, and the impact of neoliberal policies, will reshape my professional perspectives and practice. The Canadian Charter of Rights and Freedoms: A Guiding Star The ...

By Jimena Taquire The Canadian legal system is traditionally viewed as bijural, consisting of common law and civil law traditions (Government of Canada, 2024). However, the evolving recognition of Indigenous legal principles effectively transforms Canada’s constitutional and legal landscape into a trijural framework, where Indigenous laws form a distinct and vital third system (Government of Canada, 2021). This emergence creates both profound opportunities and tensions within various domains, including education. Tensions Between Reemerging Indigenous Legal Principles and Settler Legal Frameworks in Education   The nature of common and civil law systems derived from European settler legal traditions, creating a tension that stems primarily from differing worldviews, methodologies, and historical contexts embedded in Indigenous law as compared to settler legal frameworks. Settler legal systems, rooted in European settler legal traditions, continue to dominate Canadian law, marg...

By Jimena Taquire This blog aims to explore the news ' Is 13 too young to work? A Saskatchewan proposal has reignited debate around kids and labour ' by Fletcher (2024) and ' The Sask. Chamber of Commerce wants 13-year-olds to be able to work. Not everyone is happy about it ' by Quon (2024) to analyze what legal issues related to minimum working age in the field of education are being showcased in these media pieces. The articles highlight a Saskatchewan proposal that has revived the debate surrounding child labor legislation and the various provincial minimum working age laws in Canada. The central legal issue highlighted is the debate over child labor laws and the appropriate minimum age for work, sparked specifically by a Saskatchewan proposal to lower the "absolute" minimum age to 13. This proposal contrasts with recent trends in provinces such as Quebec and British Columbia, which have raised the minimum working age to 14 and 16, respectively. The article...

By Jimena Taquire R. v. Audet, [1996] 2 S.C.R. 171 is a seminal Supreme Court of Canada decision clarifying the scope of criminal liability of adults in positions of trust or authority over young people, with profound implications for educational settings. Key Facts:  The accused, a 22-year-old teacher, was charged with sexual exploitation under section 153(1) of the Criminal Code. The incident involved sexual intercourse with a 14-year-old former student (whom he was to return to teach the following school year). The encounter took place during the summer vacations, in a country house, after they had met by chance in a nightclub. The trial judge and the Court of Appeal had acquitted the teacher, reasoning that he was not in a “position of trust or authority” over the pupil at the exact time of the incident, given that it happened outside school hours and during the summer vacations. Ratio:  The Supreme Court of Canada overturned the acquittal. The key legal principle (ratio)...