Students have the same exact charter rights as an adult, or anyone else in the country. In a school setting, student’s well being becomes the number one priority and ultimate responsibility of school staff. “The Education Act of each province sets out the responsibilities of teachers and administrators.”(http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm) To ensure the safety well being of all the students, certain issues need to be taken very seriously and approached immediately. So when asked if student’s rights can be limited by school authority, one would receive the answer “Yes”. Two student rights that can be limited by school staff are rights provided by sections 8 and 2. Section 8 allows people to have their privacy respected; meaning police and others cannot search their things without permission or warrant. Section 2 is the right that protects everyone’s ability to take part in whatever religion, peaceful assembly, association and beliefs that one may feel like.
If school staff members needed to go through the same network and procedures as police do when performing searches no wrong-doers would be caught in the school. The Charter says “everyone has the right to be secure against unreasonable search or seizure.” (http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm) this does not apply in the school setting because of the concern for student well being.
“Although these Acts may not specifically authorize the right to search students, the right can be inferred. In the words of the Supreme Court, "...the responsibility placed upon teachers, and principals to maintain proper order and discipline in the school and to attend to the health and comfort of students by necessary implication authorizes searches of students." (R. v. M. (M.R.) The Court considered it not only reasonable but essential that teachers and principals be able to search students and seize prohibited items. Thus there is case law authorizing searches of students.”(http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm
This is an example from http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, describing how the court defended the actions of the school staff. This deemed it okay for a school authority figure to violate the rights of the student due to his position.
Many students have different beliefs as well as come from different religious backgrounds. Some religious traditions require things of its followers that much of society feels uncomfortable with. In some situations the school may have the power to limit section 2 of the Charter of rights and freedoms. One specific situation reviewed by http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, described how a student was relieved of his Kirpan (small knife, and religious symbol for the Sikh) that he was given once he became a member of the Khalsa. The issue was taken to court and was fought against by the student. The Supreme Court deemed it okay for the schools to discontinue students from bringing their Kirpan to school. The reasoning behind this is to ensure that the students are safe and out of harm’s way.
Two examples are provided of how student’s rights can be violated by school staff. Sections 2 and 8 are pretty common rights that are bypassed by school staff. These limitations can be made by school staff to ensure the safety of the students within the school.
Works Cited
Unknown.http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, March 08, 2011
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