B. Historical Context
Historically, children with disabilities were not permitted to access education
services in the same manner as their peers, and experienced practices of
exclusion and segregation. An emphasis was placed on ‘treatment’ rather than
education. This legacy of exclusion is well reflected in a 1950 judgement^14 of the
Supreme Court of Canada, whereby the expulsion of two students from public
school was upheld on grounds of an alleged incapability to follow the academic
course load and their conduct at school. High deference was afforded to
administrators and educators and much weight was placed on testimonial
evidence that described the behaviour of the students as having a negative
impact on their peers and that they were “arriérés mentaux”.^15 Weight was given
to a physician’s testimony, on behalf of the school board, who opined that the
students did not belong in a school setting, but rather belonged in an institution.^16
In 1980, the Ontario legislature introduced the Education Amendment Act, 1980
(Bill 82); an amendment to the Education Act of extreme significance for children
with disabilities in Ontario.^17 Bill 82 placed responsibility on school boards to
provide education services to students with disabilities.^18 This event can be
viewed as a turning point in education delivery in Ontario, as the right to
education for all students was legislated, falling within the purview of the Ministry
of Education. Prior to this amendment, public school boards were not obligated to
provide education services to students with disabilities.
C. Overview of Legislative Framework
The purpose of the Education Act is clearly articulated within the Act which aims
to:
(^14) Bouchard v. Saint-Mathieu-de-Dixville (Municipalité) Commissaires d’écoles, [1950] S.C.R. 479
[ 15 Bouchard].
16 Ibid. at 485.^
17 Ibid. at 480, 481.^
See C.J. Hodder, “The Education Act (Ontario) 1980: A Review” (1984) online:
<http://link.springer.com/article/10.1007%2FBF01807941#page- 18 1>
See Education Act, supra note 3, ss 1(1), 8(3), 170(1) para 7.