What is the state of the law in Canada on the issue of education standards?

Further on pp. 302-304 there is the following: "I find it unnecessary to deal with the appellant's contention regarding the meaning of liberty, because in my view, even assuming that liberty as used in s. 7 does include the right of parents to educate their children as they see fit, he has not been deprived of that liberty in a manner that violates s. 7 of the Charter. Similarly, I need not deal with the possibility that he may be deprived of liberty by a term of imprisonment. Such a sanction may, under the Act, be imposed only on failure to pay a fine and in any event no such sanction was imposed here. The essential question for present purposes is whether, assuming the appellant's argument regarding the meaning of liberty is correct, he has been deprived of that liberty contrary to the principles of fundamental justice. "There is, in my view, a fallacy lurking in the appellant's first two submissions regarding fundamental justice. They first invite us to view the process engaged in by the school authorities in certifying instruction as efficient as being rather in the nature of a judicial hearing, and then suggest that the school authorities must necessarily be biased or at least create in the appellant a reasonable apprehension of bias. I have no doubt that if in exercising their functions the school authorities sought to impose arbitrary standards, i.e., standards extraneous to the educational policy under the Act, or if they in other respects acted in a manner that was fundamentally unfair, such as failing to examine the facts or to fairly consider the appellant's representations, the courts could intervene. But I am unable to categorize the issue as the appellant does. "I have already indicated that the province has a compelling interest in the quality of education and what it has done by the Act is to provide a system to ensure that the requirements it considers necessary to advance this interest are complied with. This it did by providing for certain standards in the School Act and the Regulations, and by delegating to the school authorities the power to spell out the details in order to meet the variegated needs throughout the province. The policy obviously involves both content and efficiency of instruction, an expression that must be viewed in terms of the provincial educational policy, not in the dissociated manner the appellant seems to advance. The province may, if it chooses, deal with educational policy in the Act itself or by means of Regulations or by designating officials to particularize the requirements within the general confines of the Act. In a word, the school authorities are participating in the elucidation of an educational policy the province has a compelling interest in carrying out. Of course, these authorities have a vested interest in the system. But it seems normal enough to refer a question of efficient instruction within the meaning of the School Act to a school inspector or a Superintendent of Schools who is knowledgeable of the requirements and workings of the educational system under the School Act. "It is true that some provinces have adopted another method of doing this, by having the issue determined by a court. There are, no doubt, some advantages to the latter approach but there are disadvantages too. It creates a more cumbersome administrative structure. If the decision maker is more detached, he is also less knowledgeable and sensitive to the needs of the educational system. I do not think such a system can be imposed on the province in the present context. Some pragmatism is involved in balancing between fairness and efficiency. The provinces must be given room to make choices regarding the type of administrative structure that will suit their needs unless the use of such structure is in itself so manifestly unfair, having regard to the decisions it is called upon to make, as to violate the principles of fundamental justice. "I do not think that is the case here. The province cannot, in my view, be faulted for adopting the philosophy frequently applied in the courts of the United States, namely, that "The courtroom is simply not the best arena for the debate of issues of educational policy and the measurement of educational quality'; see State v. Shaver, 294 N.W. 2d 883 (N.D.S.C. 1980), at p. 900. If in the exercise of the power, those making the decision act in a way the appellant believes violates his rights, he can raise the issue in the courts."