Question: A school computer technician who was remotely accessing the hard drives of school-issued laptops for routine maintenance found sexually explicit images of a Grade 10

  1. A school computer technician who was remotely accessing the hard drives of school-issued laptops for routine maintenance found sexually explicit images of a Grade 10 student on a high school teacher's laptop. The technician reported this to the school's principal who directed the technician to copy the images onto a disk. The next day, the principal told the teacher, Cole, to return the laptop. The laptop and disks were turned over to police, who searched them without a warrant. Cole was charged with possession of child pornography. In a pre-trial application, Cole argued that the various parties (the school technician, principal, school board, and police) had infringed his Charter right (s. 8) to be free from unreasonable search and seizure.

 

a) Did the school's search infringe Cole's Charter rights?

b) Did the police's search infringe his Charter rights?

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a The schools search may be considered a potential infringement ... View full answer

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