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News (Media Awareness Project) - CN ON: Dog Found No Drugs But Boy Still Suspended
Title:CN ON: Dog Found No Drugs But Boy Still Suspended
Published On:2002-03-28
Source:National Post (Canada)
Fetched On:2008-08-30 21:24:45
DOG FOUND NO DRUGS BUT BOY STILL SUSPENDED

Smell Of Marijuana: 'Zero Tolerance Gone Insane,' Lawyer Says

OTTAWA - A 15-year-old boy suspended from school because a police dog
smelled marijuana on his jacket has retained one of Ottawa's top criminal
lawyers, saying he won't let the school board trample his rights.

Chris Laurin -- who had no drug in his possession -- wants the
Ottawa-Carleton Catholic School Board to apologize and erase the
suspension, or face a lawsuit.

"Chris chose to become an advocate for youth,"said his father, Michel Laurin.

"We're looking at litigation to change rights for teens. Chris is being
humiliated in front of his peers, and he didn't do anything wrong. I'm very
proud about how Chris is handling this."

Chris arrived at St. Matthew high school in Orleans Tuesday just before the
school principal announced a "lockdown." Police officers, at the request of
the school, searched the premises for weapons or drugs.

Minutes later, Chris's Grade 10 class was told to wait outside while a
police officer and drug-sniffing dog went through the classroom. The police
came out holding Chris's ski jacket.

Chris was taken to the principal's office, where the vice-principal
questioned him and searched his jacket, his bag and his locker.

Even though they didn't find any drugs -- and the vice-principal admitted
she couldn't smell marijuana on the jacket -- Chris was suspended and sent
home.

He was initially told he would be suspended for three days -- the minimum
for such an "offence" -- but the vice-principal later called Mr. Laurin and
said Chris was suspended for two days and will have to see a drug
counsellor when he returns to school.

When Mr. Laurin first heard about the suspension Tuesday, he talked to
Chris about it, and gave him a choice: They could accept the decision, or
they could fight it, and bring attention to the way teens are treated in
schools.

"I feel very good about bringing out this issue," Chris said. "It's not
fair. I didn't do anything wrong, so why was I suspended? I don't
understand how they can do this to a student who didn't do anything wrong."

Asked if he uses drugs, Chris said some of his friends do.

After calling the human rights commission and being told Chris's rights had
likely been violated, Mr. Laurin decided to pursue the matter legally. He
called lawyer Lawrence Greenspon last night.

"This is zero-tolerance gone insane," said Mr. Greenspon. "I read this
article and as I was reading, I was thinking 'I don't believe this, this is
not happening.' "

Mr. Greenspon is to meet with Chris and Mr. Laurin this morning, on what is
to be Chris's first day of school after being suspended Tuesday.

Mr. Laurin wants the board to re-examine the policy that strips students of
their rights. If the board refuses, Mr. Laurin said he will seek
remuneration for the damage done to his son.

"I look at Chris, and I wonder, what kind of an example is this setting for
him? What is this teaching him?" said Mr. Laurin, who has another son,
Andrew, 12.

"I look at Chris, and just hope this will make his character stronger, and
he'll learn from this to stand up for what's right. You have to stand up
for your civil liberties."

Chris's parents have the right to appeal a suspension, but the appeal
usually takes longer than the suspension itself. Michael Baine, the
superintendent of student services for the school board, couldn't comment
on Chris's case specifically because of student privacy concerns, but said
suspensions aren't given lightly.

"There are policies in place we have to follow," he said.

"The province's Safe Schools Act, which went into effect this year,
required all boards to establish a stricter policy. It has some pretty
tight restrictions. The principal considers this, and determines an
appropriate punishment.

"We have to remember, this policy is for the safety of the students. Nobody
wants drug-sniffing dogs in schools, but we don't want drugs on school
grounds."

Mr. Greenspon called that policy "nothing short of ridiculous.

"Are they seriously saying there's a school policy that says if a dog
sniffs a coat, and barks a certain way, and they find no drugs, they have
to suspend the student anyway?

"I can't believe the school has acted this way. But then, it's the world
we're living in -- the schools have this non-thinking, zero-tolerance
approach and they've taken it to extreme."

Mr. Laurin said he and Chris will take this "all the way," until the policy
is changed and Chris's record is cleared.

"I've always supported the board in the past, but I disagree with this
decision. I deem it unfair. And this policy has to be changed."
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