We can see this right in action in a recent case involving high school students in Toronto, Simon Gillies et al v Toronto District School Board, 2015 ONSC. In 2015, two students from Northern Secondary School went to court to challenge their school authorities’ plan to use breathalyzer tests on students at the school prom.

The principal wanted to give each student a breathalyzer test, regardless of whether they consented to it, before entering the dance to check if they had been drinking. The students, however, thought that this was a violation of their section 8 rights to be secure against unreasonable searches. So, they took the case to the Superior Court of Ontario, where the judge agreed with the students.

First, the court agreed with other decisions stating that schools act as the government in many situations, and in this case the relevant law is the Education Act, so the Charter applies. The judge said that although students’ expectation of privacy is lowered in schools, since it is important to ensure a safe learning environment, the expectation is not completely gone. And usually, a person has a relatively high expectation of privacy over anything related to their bodies. Finally, the court also decided that there was no clear consent from students, even though they were told about the new rule.

Like all decisions, this one sets a precedent. However, this case only went to the Superior Court of Ontario, and not the Court of Appeal or the Supreme Court, so it could be appealed. In that case, the decision by the higher court would be the precedent for others to follow.