HIGH SCHOOL STUDENTS STILL 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.