The Supreme Court of Canada Upholds Student Privacy
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In a decision that will impact upon all schools across Canada, the Supreme Court ruled to uphold student privacy:
“Canadian police can’t conduct random searches in schools, even at a principal’s invitation, because such measures violate students’ rights to privacy, the country’s highest court ruled.”
link: Canadian Police Barred From Random School Searches by Top Court
There has been a growing perception that students in schools should have no expectation of privacy. This is the argument that is part of the justification for surveillance cameras on school grounds and within schools. Further, there are policing actions that is a growing trend in schools. One example is random drug tests. Again, there is the presumption that there is no expectation of privacy and that the drug testing will provide justification for students to prevent experimentation with drugs. It is also a means whereby the students can prove that they are not using illicit drugs.
The ruling of the Supreme Court of Canada affirms that students indeed are entitled, by law, to privacy. Furthermore, although a quaint notion, there is the presumption of innocence. The court ruling is a clear affirmation that students do have civil rights.
Catherine Forsythe
Director of Operations
FlyingHamster: http://flyinghamster.com/
Tags: canada, supreme court, privacy, schools, court ruling, civil rights, surveillance cameras, drug testing
One Comment
Andy Lane
May 28th, 2008
at 1:29pm
This is just silly. What most people fail to understand is that “rights” go hand-in-hand with responsibility. Almost by definition most students are not high on the responsibility list. Which is not to say there aren’t very responsible students, there are many.
And yes, many adults are far less responsible than your average student. However, laws and the granting of rights cannot be done anecdotally. I.e. lines have to be drawn.
I would draw the line at 18 years of age. I would also draw the line at felony conviction. I.e. if you get convicted of a felony your rights go out the window. Of course, you could EARN them back by keeping your nose clean for a period of time.