Pubdate: Mon, 02 Mar 2015
Source: Guelph Mercury (CN ON)
Copyright: 2015 Metroland Media Group Ltd.
Contact:  http://www.guelphmercury.com/
Details: http://www.mapinc.org/media/1418
Page: A8

STRIPPING YOUTH RIGHTS

An excerpt from a Red Deer (Alta.) Advocate editorial:

Is it time for a second look at laws that empower Canada's school 
authorities the right to break the rules guaranteed under our Charter 
of Rights and Freedoms? The recent strip search of a 15-year-old 
female student in Quebec City who was suspected of selling or 
carrying pot has raised the question.

Canada's school staff are responsible for protecting students within 
the walls of learning institutions. And unlike police, they can skirt 
what's legally required under the charter while conducting a criminal 
investigation. Such power opens the door to abuse, as witnessed by 
the search of the teen at Neufchatel High School.

If it were police conducting the investigation, and they behaved in 
the same manner, the officers would have broken every rule in the 
charter under various sections that address illegal search and 
seizure, the right to a lawyer, and protection against unlawful 
detention - to name just a few.

The girl was detained by the female school principal and a female 
staff member after being suspected of selling marijuana. She was 
taken to a room and asked to strip naked. No pot was found.

Twice the girl asked to phone her mother, but was refused. That would 
pretty much rule out her request for a lawyer if she asked. A call to 
a lawyer is one of the closely guarded rights under the charter.

Quebec Education Minister Yves Bolduc initially defended the search, 
saying school authorities followed proper procedure as outlined in a 
2010 government policy document. But after being greeted by a 
firestorm of criticism in the legislature, Bolduc now says the search 
policy will be reviewed.

As well, an online petition with more than 2,000 signatures is 
calling for his resignation. The girl's mother is considering suing 
the school board. Lorraine Normand-Charbonneau, president of Quebec's 
largest group of school directors, defends the search, arguing that 
guidelines were followed according to the 2010 government policy. 
That policy was drafted in conjunction with Quebec provincial police, 
and based on a 1998 Supreme Court of Canada decision that grants 
school staff more powers than police in conducting searches - 
providing they are "reasonable."

The search of this girl, who was subsequently expelled from the 
school although no pot was found, would seem to go beyond the 
definition of "reasonable."

However, Canada's top court in its 1998 ruling offered no guidelines 
as to what is "reasonable."

Civil rights lawyer Pearl Eliadis told CBC radio that while school 
authorities do have powers that don't follow the rules of the 
charter, "I think there are real concerns here" in the strip search 
of the student.

This could end up limping its way through the courts, if the family sues.

Ultimately, however, the better answer is that legislators, at the 
provincial and federal levels, clarify this law once and for all.
- ---
MAP posted-by: Jay Bergstrom