A recent decision of the Supreme Court of Canada appears to place students at greater risk of being searched at school by school officials, during a criminal investigation.

In one case, a junior high school student in Nova Scotia was required to attend the vice-principal’s office. The vice-principal had learned confidentially that the student was carrying drugs, and contacted the police to investigate. The student was searched by the vice-principal in the presence of a police officer. Narcotics were fond on the student during the search, and he was charged accordingly.

Section 8 of the Canadian Charter of Rights and Freedoms protects all Canadians against unreasonable searches by state agents such as police, border guards and prison guards. The reasonableness of the search depends upon such factors as whether it is during an emergency, and where the search occurs. Our courts have determined that there is less expectation of privacy in jail, for example, than your own home. Generally, a valid search required a warrant to be issued before the search is conducted.

The majority of the court found that search was legal, for three reasons.

First, the vice-principal was not acting on behalf of the police or the state when he searched the student (even though the search was done in co-operation with the police officer present).

Second, though a student has some expectation of privacy at school, this expectation is reduced because school authorities are responsible for a safe, orderly environment. The judges noted that school authorities must have flexibility in dealing with problems in the office.

A reduced expectation of privacy at school means students appear to have a greater risk of being searched against their will by teachers and principals, particularly during a criminal investigation.

Should being in school alone mean a discount on one’s privacy?

To say that the vice-principal was not acting on behalf of the police would also appear questionable, as the police were clearly in charge of the investigation-the vice principal had called in the police to investigate, by school policy.

Last, can one say that a junior high student, being called down to the vice-principals office, in the presence of a police officer is "detained?"

Surely any student would feel pressured to not only attend, but follow direction of a school official.