Legal

General

We are fortunate and thankful that the Government of Prince Edward Island espouses family-friendly policies regarding home education.  Rearing and educating one's own children, in the opinion of many parents, is a right not granted by the government, but by God. Any given family's success with home education is due largely to the commitment, perseverance and love which parents have for their children.  This is evidenced by their desire and, all too often, the sacrifices they must make, to choose home education as a lifestyle.

The subject areas under consideration on this page are as follows:

  1. Federal Laws
  2. Provincial Laws
  3. Legal Counsel

1. Federal Laws

Under federal law, our rights are guaranteed in and protected by the Charter of Rights and Freedoms and have the preeminence over all other statutes.

Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 Note first line: "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"

2. Provincial Laws


Doug Currie

The provincial regulations pertaining to the education of children at home are located at the Deptartment of Education website.

At the time of the writing of this document, the Minister of Education is Doug W.Currie. Below are related links:

Statement of Intent

Section 139 and 140 of the School act apply directly to home schoolers.  The reference below is an image copy of the School Act obtained from the PEI Government website.

3. Legal Counsel

HSLDA (Home School Legal Defense Association) is a non-profit organization dedicated to representing and defending the interests of home educating families before government and society, and to providing assistance and legal counsel where needed. Be advised that if you as a family choose to join HSLDA (you must be a member in order to benefit from their assistance), discounted rates and payment plans are available; please visit their website for more information:  How To Join HSLDA page.

HSLDA gives ten reasons why they feel that families benefit by joining - see below (the following was obtained from their site): 10 Reasons to Join:

  1. Provides professional legal representation to protect your right to homeschool. As homeschoolers, our lawyers share your commitment to home education as a legal right, educational opportunity and spiritual blessing. One hundred percent of legal fees and associated costs are paid by HSLDA.
  2. Helps HSLDA monitor all provincial legislation that could reduce your homeschooling freedoms.
  3. Ensures immediate response to attempts to roll back your province's law (the army needs to be on the ground when the enemy makes its move).
  4. Enables HSLDA to conduct research regarding homeschooling and produce literature that presents home education in the best possible light.
  5. Allows HSLDA to provide leadership symposiums for support group leaders and to better equip them to serve the homeschool community.
  6. Makes you part of a brotherhood of hundreds of families who stand together to protect and advance homeschool freedoms in Canada and foreign countries.
  7. Entitles you to assistance with any social services contact.
  8. Entitles you to receive e-mail alerts regarding any federal and/or provincial legislation that impacts homeschool and parental freedoms.
  9. Keeps you abreast of the latest breaking news in home education through our newsletter and other publications.
  10. Ensures a presence on Parliament Hill, to remind the federal government that it has no jurisdiction over home schools and works hard to limit the impact of the United Nations Convention on the Rights of the Child.