Pubdate: Fri, 09 May 2008
Source: Vancouver Sun (CN BC)
Copyright: 2008 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Pearce Richards
Referenced: http://www.mapinc.org/drugnews/v08.n470.a03.html

SCHOOL SEARCHES NOT DISALLOWED BY COURT RULINGS

The Supreme Court rulings surrounding search and seizure are essential
for protecting the fundamental rights of Canadians. Charter protection
against search and seizure only protects against the actions of
"agents of the state" such as police officers. Students' lockers are
still open to warrantless search by school officials. When police
officers become involved, the threshold required is "reasonable
suspicion" of criminal activity -- they must have some evidence or
testimony to lead them to target specific students.

The rulings protect against the kinds of totalitarian searches such as
the ones conducted at the Catholic school in Sarnia, where students'
backpacks were placed in a gymnasium and searched by police while the
students were locked in their classrooms. Students have a reasonable
expectation of privacy in respect to their belongings, particularly
when there is no evidence to suggest they have committed any crime.

All students should not be presumed to be drunken, drug-dealing, glue
sniffers peddling their wares in the schools.

Pearce Richards

Burnaby
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MAP posted-by: Larry Seguin