Pubdate: Fri, 25 Apr 2008
Source: Whitehorse Star (CN YK)
Copyright: 2008 Whitehorse Star
Contact:  http://www.whitehorsestar.com/
Details: http://www.mapinc.org/media/1493
Bookmark: http://www.mapinc.org/find?237 (Drug Dogs)

RULING WON'T AFFECT DRUG DOG PROGRAM

A Supreme Court of Canada ruling on the use of random drug searches 
will not impact the Canines for Safer Schools program at Porter Creek 
Secondary School, says the school's drug awareness co-ordinator.

A Supreme Court of Canada ruling on the use of random drug searches 
will not impact the Canines for Safer Schools program at Porter Creek 
Secondary School, says the school's drug awareness co-ordinator.

"We don't do random searches at Porter Creek," Doug Green said in an 
interview this morning.

The 6-3 decision reached by the Supreme Court of Canada was announced 
this morning.

It found that drugs detected by dogs at a bus terminal in Alberta and 
a high school in Ontario can't be used as evidence because of the 
reasonable expectation of privacy.

Police must have a reasonable suspicion that an individual has a 
prohibited substance before a search with sniffer dogs can be 
conducted, the majority of the judges found.

"It's not unexpected," Green said of the ruling.

While Green is joined by his dog, Ebony, at the high school every 
day, the Canines for Safer Schools program is an education initiative 
where random searches aren't conducted.

The program, which began at the school last fall, sees Green offer 
drug awareness education to students.

As in Alberta, where Green previously delivered the program, Ebony 
often serves as a bridge for Green to talk to students as they approach Ebony.

Though Ebony is trained to detect drugs and will indicate when 
they're detected, it is only after that a decision will be made by 
the school's principal on how to proceed with a search or speaking to 
the student or other means in dealing with the situation.

So far, no searches have been required, and would only be done based 
on reasonable grounds, he said.

"The dog is a last resort," he said, stressing that warrantless, 
random searches aren't done.

With a dog at the school every day, Green has found deterrence is an 
effective component in keeping drugs out of the building.

In the Ontario case, it was found there's an expectation of privacy 
in a school environment.

"As with briefcases, purses and suitcases, backpacks are the 
repository of much that is personal - particularly for people who 
lead itinerant lifestyles during the day as in the case of students 
and travellers," Judge Ian Binnie wrote in the decision.

"No doubt, ordinary businessmen and businesswomen riding on public 
transit or going up and down on elevators in office towers would be 
outraged at any suggestion that the contents of their briefcases 
could be randomly inspected by the police without 'reasonable 
suspicion'of illegality."

Using a drug-sniffing dog, he stated, requires police to have 
suspicions of possible criminal conduct that are "something more than 
a mere suspicion, and something less than a belief based upon 
reasonable and probable grounds."

In the Ontario case, the dog had been set loose on backpacks in the 
school's gym.
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