From Where Do We Teach? Potential Positions in Public Education

This thesis is a conceptual examination of the positions from which we teach in public education. As it is philosophical in nature, it takes no qualitative or quantitative data. It offers a review of selected relevant literature and an analysis of personal and professional experience, with the intent to pose critical questions about teaching and learning. The framework of this thesis represents the following contentions: First, from its inception, public schooling served capital by preparing skilled labour for emerging industrial markets. This history is the hegemonic shadow that hangs over public education today. Second, movements toward the standardization of funding, curriculum, and evaluation support the further commodification of public schooling. The “accountability” that standardization offers, the “back to basics” that it aims for, is counter to the potential that public education might critically inform citizens and seek social justice. Third, movements toward the privatization of public schooling under the guise of “choice” and “mobility”, brought on by manufactured crisis, serve only to widen socio-economic inequities as capitalist neoliberal interests seek profit in both the product of public schools and in schooling itself. If we recognize and understand the power of public education to inform vast numbers of citizens who will, in turn, either maintain or reform society, we must ask: What do we want public education to be? What are the effects of continuing down historically conventional and increasingly standardized paths? What do progressive pedagogies offer? How might teachers destandardize their pedagogy and pursue equitable opportunities for marginalized students? How might students name themselves and their world, that they might play a part in its reimagining? For whom do we teach, and under what conditions? From where do we teach, and why? For educators to ask these questions, and to employ what they discover, will necessitate taking substantial risks. It will necessitate taking a stand and cannot be done alone. Teachers must seek out the collaboration of their students. They must offer students the time and the space to find their own voices, to create their own selves, and to envision previously uncharted paths on which we might walk together.

Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

Accommodating Muslim Minorities in Secular Societies: Public Education in England, Scotland, Ontario, and Quebec

Abstract This thesis examines one of the most sensitive challenges facing contemporary democracies: the accommodation of Muslim minorities in public institutions and services. It focuses on the field of education, and on two particular issues: the public funding of Islamic schools and the accommodation of Muslim needs in public secular schools. The analysis is based on an examination of outcomes in four jurisdictions that differ significantly in the level of accommodation that has emerged: England, Scotland, Ontario, and Quebec. I seek to explain why such variation in outcomes exists among these four cases. I draw on four bodies of literature to underpin the theoretical framework: historical institutionalism, political mobilization by civil society, political parties, and ideationalism. My argument can be summarized simply; historic church-state settlements, unique in each case, are the most important factor explaining the variation in outcomes in England, Scotland, Ontario, and Quebec. In some cases, the historic church-state template is incrementally adapted to accommodate Muslim minorities. In other cases, relatively little accommodation occurs and the path-dependent trajectory of church-state relations remains entrenched. While the historic church-state template is a necessary factor in the explanation, it does not fully account for the variation. For a more complete picture, I demonstrate that there are several additional key factors that also shape the outcomes: first, national identity and public attitudes towards immigration and immigrants; second, the extent of mobilization by political agents, such as civil society organizations and historic churches; and third, the response of political parties to demands by Muslims for institutional accommodation. Ultimately, I conclude that Muslims in these jurisdictions are receiving some accommodation, but the process is slow and partial. This thesis makes important theoretical and empirical contributions to the discussion of Muslim integration in liberal democratic states. First, a framework has yet to be developed that considers the theoretical implications of institutional accommodation of Muslims; I address this gap. Second, this research demonstrates the utility of historical institutionalism in explaining the adaptation of church-state templates to accommodate Muslims’ demands. Last, this study makes an original contribution by comparing the cases of England, Scotland, Ontario, and Quebec in the accommodation of Muslims in education. A comparison of Canada with the United Kingdom has not yet been done.