- If board policy permits the use of private vehicles, ensure that there are adequate numbers of seats (booster seats if required) and seat belts for the occupants, that the driver has a good driving record, that the vehicle is in good working order, and that both car and driver are adequately insured.
- Prepare a manifest, listing the students, volunteers and staff by each vehicle. One copy is to accompany the supervisor of each vehicle and one is to be left at the school before departure.
- Use only board approved commercial carriers. OSBIE discourages the use of large passenger vans (9+ passengers).
- Volunteers, staff and students should be discouraged from transporting students in their own vehicles. Check your board policy.
The Ontario Code of Conduct
The Provincial standards of behaviour apply not only to students, but also to all individuals involved in the publicly funded school system – parents or guardians, volunteers, teachers and other staff members – whether they are on school property, on school buses or at school-authorized events or activities.
The Use of Breathalyzers at School Events
In February 2015, the Ontario Supreme Court ruled on the constitutionality of administering breathalyzer tests to every student as a condition of entry to the prom. The Court concluded that this practice was a violation of the students' right to be free from unreasonable search and seizure contrary to s. 8 of the Charter of Rights and Freedoms, because the principal did not have "reasonable grounds" for conducting a "mass" search and seizure of a breath sample from every student attending the dance. The Court also concluded that the students had not consented to the search, even though attendance at the prom was deemed to be a privilege, not a right, and despite the Court holding that consent to the breathalyzer could be implied if the ticket was purchased with the knowledge that the school intended to administer the breathalyzer.
Ultimately, the issue of consent turned on 3 concerns:
1) that the students purchasing tickets on this basis weren't aware of the nature of the conduct to which they were being asked to consent (when and how the breathalyzer would be administered);
2) that the students may have been unaware of their right to refuse to permit the school to administer the breathalyzer (and whether it was a "meaningful choice" to have to choose between a "rite of passage" and giving up a Charter right); and
3) that the students were unaware of the potential consequences of giving the consent – namely, that as a consequence of submitting to the breathalyzer, they would be waiving their Charter right to be free from unreasonable search and seizure.
The Court did reaffirm that, in individualized circumstances where the principal does have reasonable grounds to suspect that a particular student has breached school rules, a search and seizure may be permissible. However, the Court didn't explicitly authorize the use of a breathalyzer in a case where a principal has reasonable grounds to suspect that an individual student has been consuming alcohol before or during a school dance, contrary to school rules. Indeed, the Court stated that the use of a breathalyzer is not "minimally intrusive" and went on to state that with the classes of searches of the person, the degree of intrusiveness decreases from body cavity searches (most intrusive) to body samples and impressions (less intrusive), to body searches (least intrusive). As of March 2015, the OPC does not know whether the TDSB will pursue an appeal of this decision.
Advice:
The OPC continues to urge principals to discuss with their Boards whether it's even necessary to use a breathalyzer if evidence of student alcohol consumption has been obtained through witness statements, a student's possession of alcoholic drinks or empty bottles, or observing signs of impairment, since this evidence alone will usually be sufficient to justify the imposition of school discipline and a call home.
In Districts where it has been a practice to administer a breathalyzer to students as a condition of entry to a school dance, the OPC suggests suspending this practice until you receive explicit direction from your Board. Policies and procedures related to school dances should be reviewed locally with this decision in mind.
A copy of the decision can be found here: Gilles v Toronto District School Board