COURT DECISION CLARIFIES SCHOOL SEARCH POWERS

A recent Supreme Court decision clarifies the rights of schools regarding
searching students and school premises for contraband and confirms most
school administrators' understanding of the existing law, says Prof. Lyman
Robinson, UVic's associate vice-president of legal affairs.

"The court was careful to say that although the schools don't need
reasonable and probable grounds like police officers need to conduct a
search, the schools must have a reasonable belief based on credible
evidence of the need for a search," says Robinson. He adds that the
judgment said 'credible evidence' could be based on a single report from
another student who is considered to be credible or on observances made by
a teacher or principal.

"The court did specify that searches be done in a reasonable and sensitive
manner and be 'minimally intrusive.' This means the search of a student
shouldn't normally be done in the presence of other students," adds Robinson.

The judgment also stated that the presence of a police officer at a search
does not make the school an agent of the police, "but if a search is done
at the urging of the police, the school might be seen as acting in the role
of an agent of the police. I would advise a school that if the police call
and they have reasonable grounds to do a search then the school should ask
the police conduct the search. It's their job."

The court, he adds, makes reference to the fact that parents entrust their
children to the schools which must have the right to conduct searches for
drugs and weapons to ensure student safety and provide an atmosphere that
encourages learning.

Robinson has, in the past, advised schools on their responsibilities
regarding individual and on-site searches. He says this recent court ruling
clarifies the law for schools, students and parents.