Paula Taylor

A junior high school student was suspected of selling drugs on school property.

The vice-principal, in the passive presence of an RCMP officer, searched the student and found marijuana.

The trial judge excluded the evidence, finding violations of sections 8 and 10(b) of the Charter, but the Court of Appeal ordered a new trial.

The Supreme Court of Canada dismissed the student's appeal, holding that while the Charter applies to school authorities, a modified standard of reasonableness applies to searches of students by teachers or principals.

The Court found the vice-principal was not acting as a police agent, the search was reasonable, and the student was not detained within the meaning of section 10(b).

The Crown appealed a decision of the Nova Scotia Court of Appeal.

The Supreme Court of Canada allowed the appeal, agreeing with the dissenting judge in the Court of Appeal that the trial judge erred in applying the Debot factors to find that the police officer lacked reasonable and probable grounds for the search.

The judgments below were set aside and a new trial was ordered.