USE OF DRUG DOGS WITHIN THE 'RIGHTS' OF SCHOOLS

Nearly all Surrey's current school trustees say they'd support the use of
drug-sniffing dogs in local schools as a potential strategy to ferret out
students possessing and possibly dealing illegal drugs.

The use of such initiatives has received mixed reviews in other areas.

Abbotsford School District has allowed anti-drug canines into schools for
several years. School board chair John Smith conceded the idea was
controversial, facing harsh resistance from civil libertarians, but has
"certainly never" become a legal issue.

"The board takes the position that kids deserve to have a safe school...
it's appropriate to take whatever legal steps are necessary to rid schools
of illegal drugs," Smith said, adding he fully supports the Surrey board's
move. "It's not just a legal right but, I would suggest, a moral right."

Officials in Washington state also began using dogs in schools last month.
Parents were invited to information meetings prior to any inspections and
they voiced little opposition to the program.

Similar dog-sniffing initiatives have also been used in California,
Michigan and Texas, with districts in those states reporting a significant
reduction in the amount of drugs seized.

Civil libertarians across the border reported students as resentful when
dogs were brought in, saying it was an invasion of privacy. Here, the
Canadian Charter of Rights states that "everyone has the right to be secure
against unreasonable search or seizure." While the police are restricted in
what circumstances they can perform a search -- during a lawful arrest,
with a search warrant or with consent -- permission is not required when a
search is performed by a teacher or principal.

According to the B.C. Civil Liberties Association, school authorities are
responsible for student safety while in school and can demand a search. As
well, lockers are owned by the schools, which means with reasonable
grounds, they can be searched by principals.

The BCCLA's Murray Mollard told The Leader he's concerned the proposal will
lead to cases where those caught with even minor amounts of drugs will be
prosecuted.

A case in Ottawa last spring saw a teenaged boy suspended when a dog
smelled marijuana on his jacket, though he had no drugs in his possession.
He argued his rights had been violated and threatened legal action if the
local school board didn't apologize. Local trustees maintain kids have the
right to learn in a safe environment and say the drug-dog idea has to be
explored.

"Schools are a place of learning -- who knows how the drug problem
contributes to other issues like bullying and fighting," maintains Trustee
Shawn Wilson.

Trustee Heather Stilwell, the school board representative on the city's
drug-crime task force, said the use of dogs is one of several options to
address drug abuse in its early stages. Because the RCMP would require
probable cause to perform searches, a private Port Coquitlam firm is being
considered for use in Surrey.

A district survey of nearly 14,000 Surrey secondary students done in 2000
showed that nearly half of respondents identified drugs as a "somewhat or
very serious" issue. Drugs rated slightly above other concerns such as
bullying, fighting, and overcrowding.

All the trustees in support of the concept indicated the go-ahead would be
contingent on ensuring proper protocol and procedure were met. District
staff is still examining the legalities of the proposed searches and the
idea is being described as "very preliminary."

Board chair Mary Polak said sufficient policy for implementation is
essential. She indicated that a consistent message arising from student
forums held in Surrey has been that there's a belief people will never be
caught.

"There isn't any proactive enforcement," Polak said, explaining drug use is
dealt with the same as any other illegal activities with police being
called and suspensions given out. "That's a reactive response...this (the
dogs) is moving into a more proactive idea."