STUDENT SEARCHES EASIER

We know it's an easy hit in some schools.

Teachers suspect it's for sale, students have admitted
it.

Drugs in packsacks and public school lockers, weapons too, for that
matter, breed social and criminal problems.

In Canada, strict constitutional rules require that before searching a
person, a police officer must have a warrant and reasonable grounds
for doing so.

Does the same order apply to our teachers and principals?

No, says Canada's top court. In a remarkably sane decision yesterday,
eight of nine judges said school officials may apply more lax,
flexible standards when deciding whether to search a pupil.

For two key reasons:

- - Students have less right to privacy while attending class or a
school function.

- - School administrators need to be able to act quickly in order to
protect students and maintain an orderly atmosphere.

Police without a warrant can't search unless they have probable
grounds to believe a crime is being committed, but the court said
teachers need only believe the student was breaking school rules and
that the evidence will be found on him/her.

For readers not up to snuff; the issue hit the courts after a school
official lifted the pant leg of a 13-year-old Nova Scotia student and
saw a bulge in his sock. A bag of pot was removed.

A provincial family court judge said officials had no right to search
kids or their lockers and that the lad's charter rights to privacy and
protection from unreasonable search and seizure had been violated.

Despite B.C. having the highest rate of youth drug abuse in the
country, we suspect many wimpys in our B.C. schools and legal
community also would insist that students shouldn't lose their rights
once inside the classroom.

But the high court says they do -- to a point. While it's important
for schools to teach students to respect the constitutional rights of
all Canadians, it's equally important that schools maintain rules of
conduct and a climate that fosters learning.

"Schools today are faced with extremely difficult problems which were
unimaginable a generation ago," the judges noted.

"Dangerous weapons are appearing with increasing frequency. There is
as well the all too frequent presence of illicit drugs. These weapons
and drugs create problems that are grave and urgent."

The court judgment is a lesson for school administrators who, until
now, have been scared to check lunch bags and lockers --despite
Canadian studies showing 23 per cent of high school boys smoke
marijuana regularly. Another 31 per cent said someone in their school
or neighbourhood has tried to sell them drugs.

What do you think? Write us. Be sure to include your full name and
home town.

Checked-by: Patrick Henry