Monday, March 28, 2011

DAY 33 (Mar 28) Locker Searches and Your Rights

On Friday I distributed the Search and Seizure in a School Setting sheet which covers various aspects of your rights in a school setting, in particular your rights regarding your lockers.

We spent 2/3 of the class discussing Search and Seizure of contraband (e.g. marijuana) in a school setting and the case of R. v. G. (G.M.).  We also reviewed the factors that must be considered when searches happen (# 1-10).

Next you spent some time looking through the write up on Locker Searches.  I have asked, on the handout, that you create a four paragraph response explaining how you see the information on Locker Searches connecting with the Charter of Rights.  You must be specific (i.e. cite the sections of the Charter) when you refer to the Charter and in each case explain the significance of the Charter in ensuring an effective justice system in Canada.

Points to Consider in Locker Searches:
1. Privacy.
2. Who owns the locker?
3. School-wide security.
4. What constitutes "reasonable suspicion"?
5. Who are the witnesses?
6. What about shared lockers?
7. Seriousness of the suspected offense.
8. What about lockers that are not locked?
9. Prior offenses of the suspects?
10. Should all lockers be searched?

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