Pubdate: Wed, 30 Apr 2008 Source: St. Albert Gazette (CN AB) Copyright: 2008 St. Albert Gazette Contact: http://www.stalbertgazette.com/newsroom/write.htm Website: http://www.stalbertgazette.com/ Details: http://www.mapinc.org/media/2919 Bookmark: http://www.mapinc.org/topic/Charter+of+Rights SNIFFER DOG LAWS NEED BALANCE We felt a little uneasy when the St. Albert RCMP, in conjunction with the city and both school divisions, introduced Dodger the drug-sniffing dog into the community in 2005. Now the Supreme Court has weighed in on the controversy about random drug dog searches, we believe it is time for Parliament to step in and craft fair legislation that protects our students from the dangers of drugs while upholding their charter rights. The Supreme Court ruled in a split decision Friday that a random dog search of a Sarnia, Ont. school, which yielded sufficient quantities of drugs to charge one of the students with trafficking, was a violation of that student's Section 8 rights under the Charter of Rights and Freedoms against unreasonable search and seizure. The student and contents of his backpack, the court held, were subject to the same expectation of privacy as any adult's purse or briefcase. While the ruling is of interest nationwide, as it effectively halts the practice of random school searches for dugs, it is of particular interest locally because of Dodger. The golden retriever and his handler are members of the St. Albert RCMP detachment. The police, as well as the city and school boards, decided to fund Dodger's position at the detachment in an effort to clamp down on illegal drugs in schools. When Dodger was first introduced to the community, the Gazette asked both school divisions if his presence would infringe on students' charter rights. They responded that students' lockers were school property and a student wishing to use one had to sign a waiver allowing it to be searched at any time. When Dodger started work at the beginning of the 2005/06 school year, the scope of his searches were practically unlimited and random, almost identical to the case the justices heard. During a tag-along at Bellerose Composite High School, a Gazette reporter watched as Dodger and his handler enjoyed unfettered access to the school, searching classrooms and sniffing out random rows of lockers. The detachment has since stated that Dodger no longer operates in such a wide-ranging fashion. Administrators, teachers and parents have the safety and security of our youth in mind, especially when it comes to the presence of drugs in schools. Most enforce a zero-tolerance policy. Dodger's presence was as much preventive as it was investigative - the possibility he might show up was enough to make students who might bring drugs to school think otherwise. His presence ensured a safe haven for students who already deal with daily challenges of bullying and peer pressure. But a student's age should not make him exempt from the protections of the charter. In the case at bar, the police would have had no "reasonable suspicion" to open the student's bag if the dog hadn't reacted during his random, unrestrained search of the Sarnia school. A police officer cannot walk up to an adult on the street and randomly demand that person open his or her purse or briefcase. In a setting such as a school, in which we are trying to teach our youth about citizenship and honouring the rights of others, it seems hypocritical to strip them of their own protected rights simply because of their age. Justice Louis LeBel, writing for the majority, stated, "Any perceived gap in the present state of the law on police investigative powers arising from the use of the sniffer dogs is a matter left for Parliament." We agree with his observation. It is up to our legislators to craft appropriate legislation to guide the use of drug-sniffing dogs that balances charter rights and the protection of the greater good. - --- MAP posted-by: Richard Lake