Pubdate: Tue, 18 Nov 2003 Source: Winnipeg Free Press (CN MB) Copyright: 2003 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Nick Martin STUDENT DRUG TESTING 'WOULD NOT BE LAWFUL' Ombudsman Discourages Winkler School's Plan IT would have been unlawful and unnecessary for Garden Valley School Division to subject Winkler high school athletes to random drug testing, the provincial ombudsman has concluded. In fact, the provincial agency said, Winkler seems to have done a very good job of promoting abstinence from drugs among its young people. Trustees dropped their controversial plans last month for random urine testing of 300 student athletes after receiving the ombudsman's report. "The proposed collection of personal health information would not be lawful, or necessary, or effective," the provincial ombudsman's office emphasized in the lengthy report that was made public yesterday. Never before has an issue investigated by the ombudsman received so much local, national and international attention, the report said. The ombudsman said the division showed no evidence that there is a drug problem in the Winkler high school, and did not show a single case of a student being injured because of drug use. The division's own student survey last year found less than one per cent of junior high students using drugs, seven per cent of senior high students using marijuana, and less than two per cent of senior students using other drugs. "It would appear that there are factors in the school and the community that successfully promote abstinence," said the ombudsman. Garden Valley Collegiate in Winkler drew media attention throughout Canada and from the U.S. after convincing school trustees to back a plan to randomly test student athletes for use of marijuana, cocaine and other drugs. The testing would not have covered steroids and other performance-enhancing drugs. The school would have randomly picked students and sent them to a nearby clinic in Winkler to provide a sample, which would have been sent to a lab for analysis. The division held off on testing until it heard from the ombudsman, which has the authority to investigate if personal privacy is being violated under the Personal Health Information Act. "Unlike reasonable suspicion testing, random testing presumes everyone is guilty" until proven innocent, said the provincial agency. The division said most drug use takes place outside school hours and testing would be largely directed at what students do outside school, which the ombudsman found troubling: "It is our view that the collection of drug test results for that purpose would not be lawful." Testing urine does not show when and where a person consumed drugs, nor does it show if someone is impaired, said the report, adding that the fear of being caught could drive a drug user out of a positive influence such as sports. Students being tested would also be forced to disclose if they had taken medication for a variety of reasons, such as depression, sexually transmitted diseases, schizophrenia or birth control, all protected by the PHIA, said the report. Collegiate principal Dan Giesbrecht has argued that the ombudsman's report is just advice and has so far unsuccessfully urged the school board to take the random drug testing to a Charter of Rights and Freedoms court challenge. - --- MAP posted-by: Larry Stevens