Section 93 of the Constitution Act says that in Canada provincial governments have the exclusive jurisdiction to make laws governing education as long as they are in line with the Canadian Constitution – guaranteeing basic human rights and freedoms including free education. From our Canadian Charter of Rights and Freedoms, the following: Canada will 'warrant the provision' of an education to all citizens 'out of public funds' whether in French or in English.
Effectively, all children in Canada are guaranteed the right to a FREE quality education. We are fortunate as a country to be able to do this and to do it so well. Internationally, there are several governing bodies which assist with the essential right to a quality education in all the countries of the world. Look for the word "FREE" in the following few paragraphs and then read on to see which provinces and territories DO provide funding for homeschooling in Canada -- there are six!
Is your home in one of those?
One example is the United Nations and Human Rights ‘Convention of the Rights of the Child’ which stems from the Charter of the United Nations. In the convention there several important points, of which we will list two.
Article 28 states that:
- primary education should be compulsory and available, free to all
- the development of different forms of secondary education should be available and accessible to every child, free, and financial assistance should be offered in the case of need.
In Canada, provincial and territorial laws and statutes further guarantee the rights of children and their right to a quality education. Each province and territory have something akin to a school or education act or a manual of school law that governs education in that jurisdiction.
For example, in New Brunswick, the Education Act defines and details the establishment and operations of schools, issues of language (NB is the only officially bilingual province in Canada), educational goals and standards, and that the education Minister shall provide ‘free school privileges’ to every person who is of school age and who has not yet graduated from high school and is a resident of the Province.
Okay, so who offers financial help with homeschooling in Canada?
B.C., Alberta, Yukon, Saskatchewan, NWT, and Nunavut. That is it.
Why does everyone else in Canada have to pay out of their own pockets if they choose to home school? This is an especially difficult question when we consider free education is guaranteed under our constitution.
Are those who are NOT offering funding to home schooling parents violating the constitution?