VIOLATION OF PRIVACY?

Rural Division Wants To Test Athletes For Drugs

Manitoba's privacy watchdog is raising the red flag over a rural school
division's landmark decision to test athletes as young as 13 years old for
alcohol and narcotics use.

Provincial ombudsman Barry Tuckett said yesterday he is considering
launching an investigation to see whether the Garden Valley School Division
drug policy violates Manitoba's Personal Health Information Act or takes
away a student's right to privacy.

"I definitely feel there's a lot of questions raised with this type of
activity," Tuckett told The Sun yesterday. "I would hope the school
division has given careful consideration to the letter and spirit of the
privacy act."

The southern Manitoba division wants to begin randomly conducting drug
tests on about 250 students between Grades 9 and 12 who play
extracurricular sports at Garden Valley Collegiate in Winkler, including
members of the popular Zodiacs hockey team.

School trustees have already approved in principle the policy, which
administrators want to see in place before Christmas. Superintendent Dom
Wilkins said Garden Valley is waiting for final approval from lawyers
before educating students and parents on the new rules and implementing the
policy.

"We felt as a division that we should provide every means to our students
that we are able to say 'no' to illicit drugs," Wilkins said.

Wilkins said athletes are leaders and should serve as role models for
others. As well, the division has safety concerns with students
participating in contact sports while under the influence, he said.

"Their judgment is impaired so they become potentially dangerous to
themselves and others," Wilkins said.

Education Minister Ron Lemieux said he's not aware of any other school
division in Canada which does random drug tests of students.

"It seems quite drastic, and I'm not sure why it's come up or what
perceived or real problem they feel they have," Lemieux told The Sun
yesterday. "If they were to ask me, I would suggest that they proceed
really cautiously.

"There's legal and privacy rights that are involved in this."

Once in place, student athletes and their parents will be required to sign
forms consenting to informed random drug tests throughout the year. It will
be a requirement for participation on the school's athletic teams. The
tests -- which will cost taxpayers about $75 a pop -- will not check for
steroid use.

Students can also be tested if there are "reasonable suspicions" about
substance abuse.

Punishment for a positive result is a six-week suspension from sports. A
second offence nets a one-year time-out.

Winnipeg privacy lawyer Brian Bowman said what's happening in Winkler has
raised eyebrows in legal circles.

"It has the potential at least to be groundbreaking in terms of whether or
not it is challenged and if so, what the ombudsman and what the courts
would ultimately say about it," Bowman said.

But if the case ever wound up before the courts, the onus would be the
school division to prove the need for drug tests, he said.