Pubdate: Wed, 07 May 2008
Source: Ingersoll Times (CN ON)
Copyright: 2008 Annex Publishing & Printing Inc.
Contact:  http://ingersolltimes.ca/
Details: http://www.mapinc.org/media/2387
Author: Dave Sykes
Bookmark: http://www.mapinc.org/youth.htm (Youth)
Bookmark: http://www.mapinc.org/find?237 (Drug Dogs)

HIGH SCHOOL STUDENTS HAVE RIGHT TO PRIVACY

The Supreme Court of Canada has issued a rather noteworthy ruling, 
reminding police and school officials that our high school students 
do not leave behind their rights to privacy when they walk through 
the doors and hallways of our school system.

The ruling stemmed from a case in 2002 in a Sarnia high school when a 
police dog uncovered narcotics in an unattended backpack during a 
search of the premises. As a result, a 17-year-old student was 
charged with drug offences.

The youth was later acquitted of the charges, after a trial judge 
ruled the search was unconstitutional and threw out the evidence. The 
Ontario Court of Appeal upheld that decision and two weeks ago, the 
Supreme Court of Canada agreed that the student's privacy and 
constitutional rights were violated.

Police officers visited the school and conducted a sweep of the 
premises while students were confined to classrooms, actions that the 
court called "a random speculative search" based on a "standing 
invitation" from the school's principal for authorities to enter the 
facility for random searches rather than acting on reasonable suspicion.

It seems reasonable that schools invoke a zero tolerance policy on 
drugs but as the court pointed out, students should feel confident 
that their backpacks will not be subject to random searches by 
police. School officials have more latitude in dealing with 
suspicions about drug possession and should use that latitude prudently.

School officials have a mandate to keep their facilities a safe and 
drug-free environment for students to pursue education. At the same 
time, students don't toss their constitutional rights out the door 
when they enter a school.
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MAP posted-by: Jay Bergstrom