Canadian Charter of Learners' Rights - Final Edition

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Canadian Charter

of Learners’ Rights
Final Edition

January 2023

Federation of Canadian Secondary Students /


Fédération des élèves du secondaire au Canada
Foreword
The Federation of Canadian Secondary Students / Fédération des élèves du secondaire au
Canada (FCSS-FESC) recognizes and supports the universal right of students to equal,
satisfactory, and relevant education. It is our belief that students are intelligent and autonomous
individuals who have a right to transparency and active participation in determining the course of
their education.

The education that students receive is only valued to the extent that it can bring value to their
personal development, aid their transition to become productive members of society and provide
them with the necessary skills for success in their lives.

Education in Canada is delivered through different systems, institutions and schools, highlighting
the importance of common standards for students learning from coast to coast.

The ability of a student to receive the full benefits of education is inextricably linked to the
removal of arbitrary barriers and the creation of a positive learning environment. This belief is
reflected in all six sections of the Charter.

Article I outlines fundamental rights we believe each and every student should have. Article II
provides for rights that will allow students to reach their fullest potential. Article III contains rights
that are necessary for a safe and caring learning environment. Article IV includes provisions
related to fair standards and equitable assessments. Article V addresses the importance of
preparing students for post-secondary. Finally, Article VI is an express acknowledgement of the
digital era and the key role that schools need to play in ensuring that students feel supported
when learning online or remotely.

This final draft of the Canadian Charter of Learners’ Rights (CCLR) contains a renewed focus on
the rights of students. While the responsibilities of educational institutions, schools and teachers
are not explicitly written into the document, it is our hope that all stakeholders will play a role in
ensuring that the enumerated rights of students are honoured.

Sincerely,

Bruce Yu
Executive Director / Directeur général

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Acknowledgements
The FCSS-FESC extends its appreciation to the members of the Standing Committee on Student
Rights and the Canadian Charter of Learners’ Rights Working Group for their dedication to
authoring and revising this charter. They are:

2018–2019 Standing Committee on Student Rights

Matthew Ling (Co-Chair), Dylex Suan (Co-Chair)

2019–2020 Standing Committee on Student Rights

Bahir Ali Latif (Co-Chair), Saika Pacouloute (Co-Chair), Briana Pacouloute, Yousif Mohamed,
Isabella Pan, Nabeeha Anwar, Sophie Deng, Vivian Zhi and Bruce Yu.

2020–2021 Canadian Charter of Learners’ Rights Working


Group

Keith Andre Baybayon (Chair), Nicole Vishkin, Chloe Kang, Briana Pacouloute, Abby Benyair and
Farah Mourad.

2021–2022 Canadian Charter of Learners’ Rights Working


Group

Nicole Vishkin (Chair), Marcus Lee, Parmida Yazdinia, William Coleman and Devika Soumya
Prakash.

Organizational Leadership

The FCSS-FESC also recognizes the contributions of Eleanor Park (Executive Director,
2019–2020), Matthew Ling (COO, 2019–2020), Lina Nayvelt (Executive Director, 2020–2021),
Ivan Yu (COO, 2020–2021), Angela Cen (Executive Director, 2021–2022) and Joshua Brown
(COO, 2022–2023) in supervising the Charter’s production.

AUTHORIZED FOR PUBLICATION: 16 January 2023

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Table of Contents
Article I - Fundamental Rights 5

Article II - Accessibility Rights 6

Article III - Equality Rights 7

Article IV - Fair Standards 8

Article V - Utility Rights 9

Article VI - Digital Rights 11

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Article I - Fundamental Rights

1. Whereas the core purpose of education is:


a. to provide students with the necessary abilities, skills, knowledge, and resources
in order to advance their personal goals and development;
b. to prepare students to meet and overcome the challenges of the diverse,
ever-changing, and interconnected world in which they live; and
c. to give students the ability to pursue their desires, ambitions, and goals during and
after graduating from formal education.

2. Students have the right to:


a. a safe and comfortable environment which fosters their capacity to learn;
b. the ability and freedom to pursue areas of interest;
c. the opportunity to be engaged at an appropriate level of challenge;
d. the necessary skills to be a contributing member of society;
e. choose own courses and extracurricular activities; and
f. involve themselves with the institutions that govern education (e.g., student
council).

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Article II - Accessibility Rights

1. Every student has the right:


a. to a curriculum that is accessible relative to their personal abilities;
b. to pursue courses corresponding to their personal interests and access specialty
programs that better address their individual academic needs, subject to
compulsory courses to meet graduation requirements;
c. to access and use technology to assist with their education when necessary,
provided that students are not distracted and are using it in an appropriate
manner;
d. to request an assessment for an Individual Education Plan (IEP) and receive the
necessary accommodations;
e. to establish, run, or apply for student organizations, clubs, and teams and be
provided with the necessary logistical support and resources to enable them to do
so;
f. to seek and receive additional support including:
i. regular access to licensed and trained guidance counsellors, special
education resource staff, and administrative staff;
ii. additional support for school-related issues from teachers when
necessary; and
g. to take 3 days of absence from a single period or all classes due to stress or other
issues related to their psychological and/or emotional well-being.

2. The ability for students to access education should not be limited by:
a. financial considerations;
b. limited access to transportation;
c. physical, emotional, or mental health;
d. language, cultural, religious or social barriers; or
e. factors beyond their control.

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Article III - Equality Rights

1. Students have the right to:


a. be identified by their personal pronouns;
b. receive reasonable accommodations for religious/cultural practices;
c. freely express their religion and bear its sacred artifacts in compliance with the law
and applicable school policies;
d. be absent from school for religious holy days without academic penalty;
e. be given access, if requested, to rooms for prayer and privacy with adequate
supervision;
f. fair and equal treatment from teachers, staff, and advisors in their educational
institution;
g. express their identity through:
i. their individual choice of clothing and attire, provided that they do not
explicitly or implicitly offend people of different cultures or religions,
regardless of intention; and
ii. matters of thought, speech, and action, while upholding their responsibility
to not infringe upon the rights and freedoms of other students.

2. In addition to current provincial or federal redress procedures as outlined in legislation or


school policy, students who feel that they have been mistreated within the school
environment have the right to:
a. file complaints against staff or students in confidence;
b. have these complaints investigated to a reasonable extent;
c. seek a solution for their mistreatment; and
d. request further action should mistreatment continue.

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Article IV - Fair Standards

1. Students have the right to be:


a. students are marked fairly and reasonably on such evaluations, including, but not
limited to tests, in-class assignments and exams;
b. students taking the same course should be evaluated using the same criteria;
c. students should be assessed on a number of different occasions throughout a
semester or school year, and students’ grades and learning skills levels should
reflect their cumulative effort over the entirety of the course;
d. assessments should reflect the material taught in class, and students are to be
given ample opportunity to prepare the prerequisite knowledge and skills relevant
to the assessment;
e. if an assessment reflects content not taught in class, parts or all of that assignment
should not be weighted;
f. consist grading of assignments between teachers, departments, schools, school
boards, and regions within a province; and
g. similar grading standards for all students in private schools and public, French
public, Catholic, and French Catholic school boards working towards the same
secondary school diploma.
h. when being assessed:
i. necessary accommodations to allow them to complete the assigned task
to the best of their ability;
ii. opportunity to be re-evaluated if there were extenuating circumstances
surrounding the assignment;
iii. reasonable time to complete the assignment to the best of their ability.
i. know their current mark in a course and be informed within a reasonable time
period
j. to appeal the results of assessments to officials, including to teachers, department
heads, and administration, if they feel that:
i. the terms of the assessment itself were sufficiently unclear to prevent the
student from understanding the expectations;
ii. the grading of the assessment was not consistent with the fair standards
provided, and adhered to by other teachers;
iii. the assessment required the student to engage with course material which
was inadequately discussed or practiced in the course;
iv. the student filed a reasonable request for an accommodation which was
not considered;
v. an adequate amount of time was not given to prepare for or complete the
assessment properly; or
vi. they were the subject of bias or discrimination.

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Article V - Utility Rights

1. Students have the right to:


a. an understanding of basic mathematics;
b. knowledge of the major events of national and international human history, as well
as contemporary issues, especially in regards to First Nations, Métis and Inuit
issues;
c. understanding of the three major natural sciences (biology, physics and
chemistry);
d. experience with the visual arts, drama, dance, and music;
e. involvement in physical activity and health education;
f. proficiency in English, French, or the primary language offered in the school;
g. an understanding of both official languages of Canada, specifically:
i. familiarity with the grammatical conventions of both English and French;
ii. sufficient education to enable students to converse in both English and
French;
iii. sufficient proficiency to read and write in both English and French, where
at least one language is to be measured by the ability to pass a
standardized provincial literacy evaluation or an equivalent assessment or
course.
h. a basic knowledge of finances, including:
i. an understanding of major financial instruments, including lines of credit,
mortgages, RRSPs, TFSAs, credit cards, bank accounts, and investments;
ii. a basic understanding of individual tax policy, including tax deductions and
rebates, special tax rates, legal types of business entities etc;
iii. recognition of the various roles of business, governments, credit lenders,
politicians, and shareholders;
iv. awareness of government benefit programs including but not limited to
healthcare, education, pension, and welfare;
i. a thorough understanding of political and civil society, including the major social
institutions:
i. knowledge of government and bureaucratic institutions and their functions
and powers;
ii. understanding of civic responsibility, elections, the major political parties of
the country, and the powers of politicians;
iii. recognition of the importance of charitable foundations and
non-governmental organizations;

j. access courses relating to major fields of study:


i. Arts and Languages;
ii. Business;
iii. Civics and Careers;

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iv. Computer Sciences and Communications Technology;
v. Health and Physical Education;
vi. History and Law;
vii. Indigenous Studies;
viii. Sciences and Mathematics;
ix. Social Sciences and Humanities;
x. Technological Studies; and
k. access and receive education at the workplace, college, or university level to
enable full student engagement in their education.
l. petition their school board and provincial ministry to demand changes to their
curriculum, learning expectations, or the availability of programs;
m. access information concerning their post-secondary options, including formal and
informal education and work opportunities;
n. be made aware of university and college acceptance requirements;
o. familiarity with scholarships, government student loans, non-government student
loans, bursaries, and the criteria to be eligible; and
p. exposure to out-of-province educational opportunities.

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Article VI - Digital Rights

1. Students have the right to:


a. access dependable/stable internet connection and functioning electronic device
when learning outside of a traditional classroom setting;
b. be permitted brief breaks between long periods of synchronous learning;
c. not be penalized for refusing to turn on their camera unless it is for assessment
purposes;
d. reasonable accommodations for technical issues when assigning deadlines,
accepting work, and designing synchronous activities and tests/exams; and
e. access relevant virtual class material outside of synchronous class periods on an
online platform;
f. not be penalized for not attending synchronous lessons if they are enrolled in an
asynchronous course.

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