LAWS 3307 Lecture Notes - Lecture 4: Young Offenders Act, Juvenile Court, Michel Bastarache
Document Summary
Searches and investigations by school officials: v. m. (m. r. ) (1998, scc) Acquitted at trial for possession of marijuana; crown appealed to nsca; acquittal set aside, new trial ordered; appeals to scc. Facts: high school vice-principal was given information that the accused was intending to sell marijuana at a school event on school property. The vp brought the student to his office and asked him if he had drugs and told him that he was going to be searched. An rcmp office in plain clothes was present and said nothing. The vp took marijuana from the student and the. Trial judge found that the vp was acting as an agent of the police and therefore conducted an unlawful search and seizure, so the evidence was excluded. Held: not unreasonable here; appeal dismissed, new trial ordered. Ratio: s. 8 is engaged because schools constitute a part of the government.
