Pubdate: Mon, 01 Oct 2007 Source: Whitehorse Star (CN YK) Copyright: 2007 Whitehorse Star Contact: http://www.whitehorsestar.com/ Details: http://www.mapinc.org/media/1493 Author: Stephanie Waddell COURT RULING LETS DRUG DOG INTO SCHOOL Porter Creek Secondary School's drug awareness co-ordinator says he's disappointed having his dog, Ebony, enter the school for the program came down to a matter of winning and losing. This morning, Yukon Supreme Court Justice Ron Veale ruled the school can bring Ebony in on a daily basis as part of the Canines for Safer Schools program, which is being run by Doug Green. School principal Kerry Huff also expressed disappointment at the way the case had played out, telling reporters he had hoped the school would find a way to accommodate the student. Throughout the case, the court heard the Grade 11 student plans not to attend Porter Creek Secondary after the dog is brought in for the Canines for Safer Schools program. "It's extremely unfortunate," Huff said of the student leaving Porter Creek Secondary. The Yukon Human Rights Commission had dismissed a complaint about the program brought forward by the student's family, due to her serious allergies to animals. The family subsequently applied for an interim court order banning the dog until a judicial review of the commission's decision is heard. While Green expressed disappointment the issue had to go to court, he said he's excited to begin the program in full tomorrow. The school held off in starting the three-year pilot project last year as the human rights commission considered the complaint. Green started his work in the school in September, but the dog was kept out pending Veale's ruling. Ebony is trained to detect and indicate the presence of drugs. In similar programs Green has run in Alberta, the dog has acted as both a deterrent from students bringing drugs into school and as a point of contact between the students and Green, the court heard this morning as Veale reviewed the background in the case. He pointed to the student's allergy, noting that while the skin test for it hasn't been applied, three doctors have confirmed the allergy, which causes hives, swelling and itching. The student carries an EpiPen with her at all times to deal with any emergencies, and doctors have recommended she avoid animals to deal with it. They also confirmed that allergens are likely carried by animal owners into public places, it was noted. The school had a plan in place to accommodate students suffering from dog allergies. It included reduced exposure to the animal for those students and introduced a rigorous cleaning schedule for the dog. The plan also keeps the animal on a leash at all times, kept it away from classrooms where there are students with allergies, and maintained a high standard of cleanliness throughout the school. Officials maintained a file of allergic reactions students at the school have and implemented the proper first aid responses and emergency plans to deal with allergic reactions. The student, however, was not prepared to take the risk and will not be attending the school if the dog is brought in daily. Her family had proposed the dog be brought in randomly for searches with a warning given to the student so she could stay at home on those days. It was argued in court that random searches would reduce the effectiveness of the program in keeping drugs out of the school and would raise Charter of Rights and Freedoms issues around searching lockers. Veale said he was satisfied the case brought forward by the student's family wasn't frivolous and met the test for irreparable harm with the Grade 11 student leaving the school of her choice which she's attended since Grade 8. He concluded in this case, however, the public interest in pursuing a drug-free environment in the educational facility should prevail. After dismissing the application, he noted the court will assist the family in having a timely hearing for the judicial review of the human rights complaint. After expressing his disappointment that an accommodation couldn't be found, Huff said Ebony will be at the school tomorrow morning. Many students have been questioning Green about when Ebony will be joining him. "They've embraced it," he said of the program, noting that since his arrival, he's done 10 classroom presentations. "The dog is the mascot," Green said, noting at his previous schools where he worked, the students have no problem remembering Ebony's name, but don't always remember his. Having Ebony with him permits the program to move forward more quickly as students approach the animal and talk to him. It also helps keep drugs out of the school as students learn of Ebony's abilities in detecting drugs, Green reiterated. "It's all about little steps," he said of dealing with drugs in the school. In additional to praising Huff and the school council at Porter Creek Secondary for the program, Green also said he's pleased to see other work in the community being done by the RCMP and city bylaw to tackle the drug problem. - --- MAP posted-by: Keith Brilhart