What to know about Possession of illegal drugs and weapons in school
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A senior in high school suspected of having marijuana and a sharp tool in her locker. She is also suspected of having tobacco and a rolling paper in her jacket
As the school principal, I need to be aware of the charter of rights and freedoms in the constitutional law regarding application of the law on search and seizure on students suspected of drugs and illegal items in school. This would be important to determine if such a search would amount to unreasonable search and seizure. In case an illegal drug is found I should be aware if normal standards of search and seizure ought to apply in high school situation and if the evidence available would be admissible or not. Under the charter of rights and freedoms as a principal I should be aware if such a students would be compelled for detention in my office and submit to search by my Vice-principal in my presence and if the procedures of detaining the student are within the meanings of s. 10(b) of the charter of rights and freedoms.
To ensure I follow the correct process, I shall infer from the provisions as granted in the education act and confirm that as a principal am authorized to conduct a search on my students if the circumstances are appropriate. I must ensure I and my vice-principal will follow a reasonable manner to conduct the search by considering all the surrounding circumstances. I shall ensure there are reasonable grounds indicating violation of school rules and that admissible evidence is highly likely to be obtained after the search. I shall call a plain cloth RCMP constable to be present as the search is conducted but the constable ought not to have any active role in the search. I need no warrant of search prior to this search. In case an illegal drug or item is seized, I shall submit it to the constable who at that juncture shall advice the student that she is under arrest for possession of illegal drugs.
My consideration in making the decison as a principal is that am trusted to fulfill my onerous responsibility of teaching and ensuring that all students are safe in an environment that encourages learning. Possession of illegal drugs and weapons that threaten the safety of any student is a serious challenge to my ability as a principal in fulfilling the noble responsibility to which am entrusted. Therefore, am provided with enough flexibility required in handling discipline issues in schools if I have reasonable grounds that there is violation of a school rule and I have admissible evidence found in the student’s location or on her. In this case, the search on the student does not involve her health and safety and therefore is reasonable.
My concern about liability is that under the general rule established in the constitution, for a search to be reasonable a prior authorization in form of a warrant should be obtained with reasonable grounds. If a search is conducted without a warrant then it is prima facie unreasonable. A warrantless search is only reasonable if the information predicting violation of law is compelling, the information originates from a credible source and there is enough corroboration. However, this cannot apply in searching for this particular student or any other in a school environment. It would be practically impossible and unworkable to obtain, a warrant of search prior to every search in a school environment because quick and effective reactions are paramount to issues of possession of drugs and weapons by students. This is for the wellbeing of the rest of the students in providing an orderly environment needed for learning.