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Practice Area Definition

Education Law Definition

Education Law involves a wide spectrum of legislation, regulation, case law, policy, and processes that apply to the primary, secondary, and higher education contexts and to the stakeholders in these contexts, including institutions, faculty, staff, and students. Education Law encompasses unique legal issues around admissions, student discipline and appeals, collegial governance, tenure, academic freedom, labour and employment, human rights and accommodation, research ethics, and educational policy. Education Law also includes distinctive aspects of intellectual property, charity and taxation law, real estate, administrative law, financing, and constitutional law.  
 
Lawyers in this area may have a general focus or a specific expertise in one or more aspects of Education Law. An Education Law lawyer may represent educational institutions and/or organizations related to educational institutions, including education foundations, research centres, and other subsidiary organizations. Alternatively, they may also represent stakeholders in the educational system. This could include the representation of students in processes, such as academic appeals and discipline. Lawyers in this area might also represent faculty in regard to issues such as academic freedom and promotion and tenure.   
 
Provincial law primarily governs education, though Federal laws apply to educational institutions in a number of areas. Higher education institutions may also be required to navigate immigration laws and the laws of other countries, as education becomes an increasingly international endeavor.

David Stack, QC
McKercher LLP

McKercher LLP logo

Education Law involves a wide spectrum of legislation, regulation, case law, policy, and processes that apply to the primary, secondary, and higher education contexts and to the stakeholders in these contexts, including institutions, faculty, staff, and students. Education Law encompasses unique legal issues around admissions, student discipline and appeals, collegial governance, tenure, academic freedom, labour and employment, human rights and accommodation, research ethics, and educational policy. Education Law also includes distinctive aspects of intellectual property, charity and taxation law, real estate, administrative law, financing, and constitutional law.  
 
Lawyers in this area may have a general focus or a specific expertise in one or more aspects of Education Law. An Education Law lawyer may represent educational institutions and/or organizations related to educational institutions, including education foundations, research centres, and other subsidiary organizations. Alternatively, they may also represent stakeholders in the educational system. This could include the representation of students in processes, such as academic appeals and discipline. Lawyers in this area might also represent faculty in regard to issues such as academic freedom and promotion and tenure.   
 
Provincial law primarily governs education, though Federal laws apply to educational institutions in a number of areas. Higher education institutions may also be required to navigate immigration laws and the laws of other countries, as education becomes an increasingly international endeavor.