Canadian Civil Liberties Association weighs in on Northern Secondary School breathalyzer policy

Already not popular with students of Northern Secondary School on Mt. Pleasant Road, a policy decision to have all prom attendees pass a breathalyzer test before gaining entry to the May 29 event has caught the attention of the Canadian Civil Liberties Association (CCLA).

In a letter from the CCLA dated May 9 to school principal Ron Felsen, association General Counsel Sukanya Pillay and Program Director Abby Deshman call on the school administration to revisit their decision, saying "it is our view that, in light of the clear jurisprudence on school searches, the policy that has been proposed is unconstitutional.

"Indeed, the Toronto District School Board’s policy on searching students clearly states that 'a search should only be conducted when there are reasonable grounds to believe that a student or visitor is in possession of an object or substance that is prohibited by school policies or regulations',” they wrote, adding they had been contacted to comment on the issue by students of the school. "We fully recognize that schools have an obligation to provide a safe and secure learning environment and have no hesitation supporting that goal. School officials also, however, have an obligation to abide by the limits set out in the Education Act and to respect Charter rights of their students, including the right to be free from unreasonable search and seizure."

Principal Felsen implemented the policy in late April with support from his parent council, citing student safety as the primary reason.

"We're in the field of eduction, so I have a responsibility; it's going to be a great evening and they (students) will learn it's possible to have a great prom to remember for all the right reasons and without alcohol," Felsen said in an interview with Post City Magazines, adding he had researched several Toronto area schools that have similar policies. "After the initial shock (by students) about the announcement, we talked to the students (at an assembly) to explain the decision. Some were upset, but we hope they can rise above that and realize they can have a good time without alcohol."

He said the school is currently penning an official response for the CCLA, and added "we are going ahead as planned," as he intends to enforce the school board's zero tolerance for alcohol.

Brett Gorski, student council president and an organizing member with the prom committee, said that the mood has soured somewhat following the announcement.

"Overall the students aren't happy; some are outraged, some just don't like it and will deal with it but overall it's not significantly affecting ticket sales," she said. "The students are a bit tense and maybe not as keen to participate but it doesn't seem there's been too much impact (to participation)."

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