Pubdate: Wed, 18 Feb 2015
Source: Toronto Star (CN ON)
Copyright: 2015 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Allan Woods
Page: A1

STRIP SEARCH OF 15-YEAR-OLD QUEBEC GIRL SPARKS FURY

But education minister defends high school principal's actions

MONTREAL - Quebec's education minister is under fire for defending
high school officials who strip-searched a 15-year-old female student
they suspected of selling drugs - an incident that has shocked some
but appears to be well within the bounds of Canadian law.

Yves Bolduc said the province's schools have guidelines setting out
how and when education officials can bypass police and order students
to submit their clothing to a rigorous search.

"It's a question of security. These interventions have to be conducted
carefully and respect certain particular conditions," Bolduc told the
Quebec legislature in response to a report in the Journal de Montreal
on Tuesday. "And even if it's not mentioned in the guidelines, it has
to be done very respectfully."

The young girl and her incredulous mother told the newspaper that
school officials have been carrying out searches at regular intervals
based on a belief that she was selling drugs to other students. But
the situation boiled over last week after the girl said she sent a
text message to a friend joking about selling him marijuana. The phone
was confiscated, the girl was questioned and her locker was searched
in vain. But it didn't end there. The search then moved into a
closed-off room where the girl was ordered to remove her clothing. Her
request to call her mother was reportedly refused by school officials.

The newspaper reported that one female staff member held a cover in
front of the girl while the school principal searched through her
clothing, including her underwear - all of which would seem to accord
with provincial policies set out for schools, according to the
education minister.

The girl's mother said the actions of school officials were
"excessive" and is considering legal action.

The school board said in a statement on Tuesday that the case
highlighted in the newspaper report was "exceptional" but that the
school followed the rules. Still, the Commission Scolaire de la
Capitale, which covers the Quebec City area, said it would be
conducting a review of the event to see if any rules changes were warranted.

In the Quebec legislature, opposition politicians said they were
dismayed that school staff would not have explicit instructions from
their superiors to first call in law enforcement in cases where a
serious breach of regulations or a potential crime is suspected.

"I have a little girl and I'm asking myself if, when I send her to
school, she'll be strip searched 'respectfully,' " said Jean-Francois
Roberge, who represents the provincial riding of Chambly for the
Coalition Avenir Quebec.

Bolduc rejected the criticism. He said politicians have a duty to
stand behind teachers and school principals who are trying to keep the
province's schools safe for students.

"The questions about whether we should use the guidelines or call the
police each time we suspect a particular situation, I think these
interventions have to be done respectfully," he said.

A 2010 guide for teachers that was produced by the Surete du Quebec,
the provincial police force, noted that the Supreme Court of Canada
has ruled school officials have the right to search students if they
have "a reasonable motive to believe that a rule of the establishment
has been violated and that the evidence of that violation may be
discovered at a location or on a student." It says, however, that any
such searches should be conducted in a "reasonable and appropriate
manner" while considering the nature of the alleged rules that have
been breached.

"The age and sex of the student must notably be considered," the
document reads.

That 1998 Supreme Court case involved a high school vice-principal in
Nova Scotia who was searching for drugs on one of his students. In
this case, the staff member found a bag of marijuana and gave it as
evidence to a police officer who filed charges against the student.

The country's top court ruled that while school staff may not have
direct authority under the law to carry out a search and seizure
against students, they do have "statutory responsibility for
maintaining proper order and discipline, attending to the health and
comfort of students and supervising and administering the educational
program of the school."

Still, the judges laid out a number of conditions dictating whether
the search of a student could be considered reasonable. Among those
was the age and gender of the student.
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MAP posted-by: Matt