School Searches and You

1. School Searches and You (c) Éducaloi, 2018

2. Introduction Do you have a right to privacy? Yes

3. Introduction The Canadian Charter of Rights and Freedoms protects citizens against unjustified invasions of their privacy.

4. Section 8 of the Canadian Charter of Rights and Freedoms: Everyone has the right to be secure against unreasonable search or seizure.

5. Explanation Section 8 of the Charter protects citizens against unjustified State (government) intrusions into their private lives. People in positions of authority (e.g., police officers), must do their work in a fair and reasonable way.

6. Explanation (cont’d) People in authority can’t enter private property or take things from people unless they can prove that they have a good reason. In most cases, they can only enter private property to look for evidence or seize things if they got a search warrant from a judge.

7. Task 1 The Canadian Charter of Rights and Freedoms

8. Task 1, Question 1 Section 8 of the Canadian Charter of Rights and Freedoms protects Canadians from Unjustified intrusions into their private lives

9. Task 1, Question 2 Section 8 prevents authorities from Entering my house or taking my things without good reason

10. Task 1, Question 3 Discuss how section 8 of the Charter protects you.

11. Task 2 Search and Seizure

12. Task 2, Question 1 The purpose of a search is to Find evidence a crime was committed

13. Task 2, Question 2 Who can give permission to conduct a search? A judge or the person being searched

14. Task 2, Question 3 A search warrant allows police to Search for specific clues that a crime was committed

15. Task 2, Question 4 Who can give a search warrant? A judge

16. Task 2, Question 5 What is needed to get a search warrant? Good reason to believe the search will allow them to find evidence of a crime

17. Task 2, Question 6 • Discuss what you think is • very private, • not so private, or • not private at all

18. Task 2, Question 7 For a search to be legal, it must be reasonable. A warrant is a legal authorization from a judge to search a place or person. Police can search a person or place without a warrant when the person is arrested or if waiting for a warrant can result in the loss or destruction of evidence.

19. Task 2, Question 8 If the search was unreasonable, the judge may reject evidence found during that search. The evidence cannot be used in court and can’t affect whether the person is found guilty or not guilty.

20. Task 3 Supreme Court decisions can impact your life.

21. Task 3, Question 1 What do Supreme Court judges use to make their decisions? • Evidence presented during the trial • The law

22. Task 3, Question 2 Discuss how you think a Supreme Court decision can impact your life.

23. Task 3, Question 3a Your level of privacy is the same at school and at home. False

24. Task 3, Question 3b School authorities can search students in some situations. True School authorities must maintain order and discipline on school grounds.

25. Task 3, Question 3c The principal can search your pockets, without a warrant, if the principal has good reasons to believe you have illegal drugs. True to ensure the safety of the other students and to enforce school rules

26. Task 3, Question 3d Police can search a locker without a warrant if they think a school rule was broken. False Police need a warrant to search a school locker.

27. Task 3, Question 3e The principal can search your locker if you left your friend’s school book in it and your friend needs it. False Since no school rule was broken, there is no valid reason to go through your personal things.

28. Task 3, Question 3f The police can search your backpack without a warrant if they think there is a gun in it. True The law allows searches without a warrant in some situations when there is good reason to believe there is a firearm in the school.