R v M (MR)

R v M (MR), [1998] 3 SCR 393 is a leading decision of the Supreme Court of Canada on search and seizure by teachers and principals in Canadian schools (not colleges or universities).

emptied his pockets and, after being asked by the vice-principal to do so, pulled up his pant legs.

First, section 8 guarantees everyone has the right to be secure against "unreasonable search and seizure".

First, it was assumed, for the purposes of this case, that schools were a part of government and that the Charter therefore applied to the actions of the vice-principal.

The Supreme Court held he did not: "The reasonable expectation of privacy of a student in attendance at a school is certainly less than it would be in other circumstances.

They must know that this may sometimes require searches of students and their personal effects and the seizure of prohibited items.

In fact, the provincial Education Act implied that searches were reasonable and acceptable.

's lawyer had argued that section 10(b) had been violated because his client had not received counsel immediately after being detained in the vice-principal's office.

The factors to be considered in determining whether a search conducted by a teacher or principal in the school environment was reasonable can be summarized in this manner: