Pubdate: Fri, 01 Nov 2002
Source: Surrey Leader (CN BC)
Copyright: 2002 Surrey Leader
Contact:  http://www.surreyleader.com/
Details: http://www.mapinc.org/media/1236
Author: Sheila Reynolds

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."
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