Law - Factum Essay

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C.A. No C41782 COURT OF APPEAL FOR ST. MICHAEL’S COLLEGE SCHOOL B E T W E E N : HER MAJESTY THE QUEEN Respondent - and - J.F. Applicant/Appellant ________________________________________________________ APPELLANT’S FACTUM ________________________________________________________ J.R Associates – Attorney at Law 21 McCutcheon Ave Nobleton, Ontario L0G 1N0 Jack Ranson Of Counsel for the Jack Ranson PART I: STATEMENT OF THE CASE This case is about search and seizure. J.F had an ounce of marijuana at school. The police dog was brought in for a ‘sniff’ around and the police now wish to charge J.F with possession at the least. The Charter of Right and Freedoms Section 8 was infringed upon and not used very adequately. The school/principal argues that Stonemount Secondary School is a state school and is under the Education Act, which will be put before the Charter. PART II: AGREED SUMMARY OF THE FACTS The Appellant and the Respondent have provided an agreed statement of facts, reproduced here. On the 1st of November, 2004, a search was conducted at the school by police officers. They were there at the invitation of the principal, who had issued a standing invitation to members of the police to enter into the school at any time they wished to search for drugs or illegal weapons. The principal stated that he had seen a disturbing increase in the use of drugs amongst some students and that he wished to head off any potential problems that could arise in the school as a result of this. The school and the local School Board have a zero tolerance policy on drugs and weapons of any sort. Students are aware of the policy. Indeed, they are told this on the first day of classes and a circular is sent home to each student’s parents or guardians in order to inform them of this. All are aware that to enforce the policy,

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