Pubdate: Tue, 18 Mar 2003
Source: Port Perry Star (CN ON)
Copyright: 2003 Port Perry Star Co. Ltd.
Contact:  http://www.portperrystar.com/
Details: http://www.mapinc.org/media/2533
Author: Rik Davie

UNANIMOUS VOTE TO PAY FOR DRUG DOG SERVICE

Durham District School Board trustees have voted to allow the continued use 
of privately contracted drug detection dogs at a cost of $150 per visit.

The move was taken after questions were raised about why Durham Regional 
Police drug detection dogs available free of charge, were not being used in 
all school search situations in Durham Region.

At the request of Whitby Trustee Doug Ross and a majority of trustees at a 
January DDSB meeting, staff prepared a report for trustees on the use of 
the privately certified and contracted dogs to search for drugs in Durham 
schools.

"I have concerns over funds being taken from school block budgets to pay 
for a service that taxpayers have already funded through the police 
budget," Mr. Ross said at the time.

Scugog Trustee Martin Demmers said at the time of the original request that 
he would look into the matter further, however, after Tuesday's (March 17) 
vote the local trustee did not seem to have answered several key questions.

Don McLean, Superintendent of Special Education, who prepared the report 
for the DDSB board of trustees, said that as a result of "legal 
consultations" board staff had been told that evidence collected by police 
drug dogs could be "questionable."

"The debate about the use of private dogs versus police dogs appears to be 
centered around the question of whether or not the use of police drug dogs 
infringes on section eight of the Charter of Rights and Freedoms related to 
illegal searches," Mr. McLean said in his report. "Legal opinion related to 
the use of drug dogs is not unanimous."

Mr. McLean told The Star that in discussions with police authorities he got 
"differing views even from them."

Mr. Demmers voted in favour of allowing principals (after checking with 
their superiors) to use privately owned drug dogs in situations "where the 
purpose of the search is intended to lead to criminal charges," and to use 
DRPS dogs for "purposes of school order and discipline."

When asked if legal opinions on the use of DRPS dogs had been obtained from 
a Crown Attorney who prosecutes drug charges, neither Mr. Demmers nor 
Uxbridge/Brock Trustee Nancy Loraine could say.

Mr. Demmers said he was not clear on what "school order and discipline" 
meant in relation to the use of police dogs in school either.

"I am satisfied with the report and with the judgement of our legal 
experts," Mr. Demmers said.

When asked if he knew whether the expert legal opinion was from a lawyer 
practicing criminal law Mr. Demmers said, "I do not know about that."

The Durham Regional Police service has three certified drug search dogs and 
handlers that it makes available to Durham area school boards at no charge.

When asked if he knew who the certification board for privately owned dogs 
used by the DDSB was, Mr. Demmers, and Ms. Loraine, both said they did not.

Both trustees also admitted they were unaware of whether the service of 
private dogs (at a cost of about $150 per visit) was tendered. None of the 
five trustees asked about tendering including Mr. Demmers and Ms. Loraine, 
could say.

Tim Taylor, Principal at Port Perry High School, said he is more than 
satisfied with using Durham Regional Police drug dogs.

"We have an excellent working relationship with our School Community 
Liaison Officers and we intend to continue to use their expertise," Mr. 
Taylor said. "We have had the drug dogs in the school on occasion and it is 
a useful tool for us."

The DDSB board of trustees voted unanimously to retain the use of private 
dogs in school drug searches.
- ---
MAP posted-by: Alex