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HomeMy WebLinkAboutTimes-Advocate, 1987-04-15, Page 36Pogo 20A Times -Advocate, April 15, 1987 Teiicliers have power, Area elementary teachers atten- ding a professional development day program in Exeter, Friday, were ad- vised that teachers are vested with extremely broad powers to ensure that schools are drug free, but, t ey were atso•cautioned that they had to balance those powers and not under- mine their ability 16 counsel and ad- vise students in their teacher and mentor role. The comments were made by theme speaker, Dr. Bob Solomon, from the law faculty of the Universi- ty of Western Ontario. He outlined a variety of laws which give teach rs power to ensure the health and .ajety of students, ranging from the a rug laws, tobacco laws, alcohol h s, the Criminal Code, trespass to property act and the powerful education act. While he dealt at some length with the drug laws contained in the Nar- cotics Control Act and the Food and Drug Act, he emphasized that the substances carrying the greatest risk for students were tobacco and alcohol. The law expert, who has been wide - AT PD PROGRAM -- UWO law faculty member Dr. Bob Solomon, centre, was keynote speaker at Fri- day's professional development day for area elementary teachers at Exeter. The theme was "School and the Law". Chatting with Solomon are Seaforth lawyer Heather Ross, who led one of the group ses- sions, and program chairman Al Taylor of Usborne Central School. told to use «iutlously ly published, explained that schools should adopt policies consistent with all laws, lamenting (he fact much of the emphasis in recent years has been focused on the glamorous drugs such as heroin, cocaine and cannibus and little attention has been paid to tobac- co although it is an offence for anyone to sell or give it to a minor and a minor is in contravention of the law to have possession. "It is one of the least enforced in criminal law," he added. The teachers were told the same situation surrounds alcohol and yet it is the greatest threat to students at the secondary school level. In reference to the drug laws, Solomon said they were extremely stringent and "the most punitive' pieces of legislation in the country".. "It can't be made any tougher than it is," he said about'the Narcotic Con- trol Act, adding that it gives the police and courts a high degree of discretion and the maximum penalties are ex- tremely high and all cony tions result in persons having criminal records even in cases where discharges are granted. Dispelling the myth that police are concentrating on drug traffickers and serious drugs, Solomon said that 90 percent of all charges were for possession of drugs and of those, 90 percent were for simple possession of cannibus. He explained that there were tens of thousands of young people con- victed for possession and the "typical drug offender" is the -kid in the third row of your lass who is 17-18 years old". In outlining the Education Act, the Jaw professor notedthat it gives prin- cipals, vice -principals and teachers very broad powers and students could even be expelled for using profane language, although he whimsically suggested that would result in not having any students left in the schools. The Act gives school officials the right to search student lockers and tett themselves and others under their supervision although the teachers were advised that any physical force had to be exercised for correction and not in anger or revenge. Solomon, in answer to a question, said that the establishment of school •policies would be helpful, particular- ly for alcohol and tobacco and said he would not want to see a situation similar to that in the U.S. where they have armed guards in schools. Schooland law PD day subject students if it is suspected they are engaged in an illegal activity and -Solomon noted that a recent decision by the Ontario court of appeal ruled that the Charter of - Rights and Freedoms does not negate officials' exercise of that authority. In fact, it has been suggested by the courts that 'officials could be considered in dereliction of their duties to ignore il- legal activities. The trespass to propery act gives authorities the right to set conditions on who may enter and under what cir- cumstances and conditions and ac- cess can be denied to anyone who has possession or consumed an illegal substance. . The Criminal Code also allows of- ficials to use reasonable force to pro - He told the teachers it was difficult to be "counsellors and cops" and their problem was to establish a reasonable balance in the use of their powers and their role as teachers and counsellors. "It requires diplomacy and tact," he continued, noting that there was no obligation to report crimes to parents or police, but teachers had to exercise a fair measure of judgement. "You can do more good for students as counsellors than quasi police." the professor suggested, adding that it was a difficult task and urged that the school board and staff have the onus Of . developing and implementing policies. "It's a unique challenge and your greatest task," he concluded. Seaforth lawyer addresses many concerns Seaforth lawyer Heather Ross. a replacement for a London judge on Friday's professional development day for area elementary teachers in Exeter. offered a wide variety of legal advice in her informal session and had to .field some interesting ques- tions and observations from her mor- ning audience as well. She started out touching on some of the responsibilities of parents. such as ensuring that their offspring attend school, follow curfews and report child abuse and then touched on the subject of corporal punishment. "I wouldn't recommend it," she told the attentive audience, explain- ing it could open them up to civil or criminal law as teachers could be criminally responsible for any thing considered as excess force. `Corporal punishment is no longer socially acceptable," the lawyer advised. She further explained that only a principal has the right to suspend a student and then went on to advise that no child is obliged to submit to religious education if the parent of the child objects. • The teachers were told they have a legal and mandatory duty to report suspected cases of child abuse to a society set up to handle such situa- tions and explained they had no fear of liability if they were not acting maliciously. A book produced by the public school teachers' federation on the subject was termed "excellent". After relating a situation in which she was involved in her professional capacity in relation to a 10 -year-old who was classed as being hyperac- tive, Ross explained the mistakes that had been made by school officials and also lamented the fact that the Huron board has only onepsychologist and suggested he was over-worked and therefore ineffective because he had to handle 15,000 students. "Speak to your board and say Ow! ratiois ludicrous," she told the teachers: - Later in the session, trustee Ilea Dawson corrected the lawyer by noting there were just under 10:000 students in the system, but said she was not 'disagreeing that the psychologist was over-worked. The Seaforth lawyer then covered the problem of children being taken from schools by parents who do not have those rights under court - approved separation or divorce agreements. She said she tells her clients to give copies of the court orders to the schools so they know ex- actly the . terms and who is the custodial parent. When asked by a teacher how they could stop someone from whisking a child away from a class. Ms. Ross said the teacher should take the child to the office for -clarification, noting that if the person wishing to take the child has a valid request, that person wouldn't object to any interference. "I don't think we should have to deal with that at all: it is not my job to be the policeman," a teacher responded. "It has to be someone's," Ross quickly replied. She was told that while some schools have policies that no child can be released without notification from. the office, that became difficult to en- force out on the school yard. "It's great on paper, but the real world is another thing," a teacher commented. - Ross said that may indicate a pro- blem of understaffing, but told the au- dience that they couldn't be held responsible if they were discharging supervisory duties to the best of their ability. "You don't have eyes in the back of your head." The lawyer said that teachers and nurses appear paranoid about getting sued, but she has never heard of a nurse or teacher ending up in that situation. The teachers were told that if they were concerned about the lack of supervision on school grounds, they should tell someone so their obligation • in that regard is discharged. "You may be discharging yourself," a teacher responded. but Ms. Ross replied that it was virtual- ly impossible to fire a teacher unless a heinous crime had been committed. The discussion then moved on to discipline, with a teacher asking if a student could be taken by the arm, noting that even in primary grades, the students advise teachers they can't be touched or the latter will end up being sued. Ms. Ross reminded the teachers they had been told of their . broad powers in the theme speech by Dr. Bob Solomon. and she said grabbing a student for discipline could not be considered an assault unless it was done in anger. She said she could sympathize With teachers knowing there were times and situations "when you'd like to haul off and hit the little buggers". The session ended with Ms. Ross conducting an informal survey as to the numner of behavioural problems teachers saw in their respective classes and the responses ranged up to one-quarter in some classes. The Seaforth woman said she was of the opinion that the county board was not doing enough to deal with pro- blem children, but added that the answer was not to just ship them out to special institutions. • TALKING ABOUT CHILDREN — John Penn, director of Family and Children's Services for Huron county was -one of the seminar speakers at Friday's elementary school PD Day in Exeter. From the left Penn chats with Dorothy Coates, J.A.D. McCurdy; Jim Bishop, Angela McCaw and Joan Perrie, Exeter Public School. Angela McCaw is a student teacher. T -A photo r' Mrs. Dawson said funding was not easy for special needs but there was a concern expressed that the "average" student in the classroom was not getting enough attention _because teachers had their hands full with those with special needs. One teacher took the occasion to complain about some class sizes, say- ing it -was "criminal" to have more than 25 in any primary class. Penn /ands ehanges in hiniiiy services act Huron county's director of Family and Children's Services John Penn told one of the seminars at Friday's PA Day for South Huron public schools he approves of changes made in the new Child and Family Services Act. Penn said, "I applaud the principles 1 y JFK°' had? 1 �+ of the Act which promote and protect the best interests of kids. i also recognize the fact parents need help with their families. We should be sup- .. iy • } DISCUSSION CONTINUES — Continuing their discussion after a workshop on "Have we tamed the animol (the Young Offenders Act) offered as- port of a PD day on School and the Law held at Exeter Public School are Hensatl teacher Doug Pearson (left), Exeter vice-principal Larry Black, Huron County proba- tion. officer Tom Ewer and Stephen Central principal Dorrfinkbeiner. portive of them and assist in keeping their children with them instead of taking them into our care." - Ile continued, "Our focus is not to have a child in isolation, but kept in the family. We are proud of our ser- vices in Huron. They cover a much wider range than most urban centres in the province." On the subject of child abuse, Ex- eter public school teacher Jim Bishop asked, "What position are we as teachers in in perceiving danger?" Penn replied. "This is a real dilem- na. The law is clear. You have a legal obligation to report when you think there•is a problem. Your job is not to establish abuse, but just pass the in- formation on." He went on to say, "A person can be fined for not reporting a child abuse situation. Over the past 10 years I know of only two instances were persons were prosecuted in On- tario. if you wish to call anonymous- ly that's fine. We will respond." Currently in Huron county 200 families are involved with Family and Children's Services. Of 55 children involved. 25 are on consent, 25 in permanent care and five others in courtship. The Huron director said, "In this county we have the best staff I have ever seen assembled. All 22 of our staff are well experienced with good treatment skills." Of the children under supervision of the Huron agency, most are in foster homes. Penn added. "We are in need for more foster parents especially for older children." He talked about the Child Reach program which is in operation in several Iluron locations including Iluron Park. it is aimed at support to single mothers with children. On this subject J.A.D. McCurdy teacher Dorothy Coates said. "The mothers seem to appreciate the pro- gram and it is a busy place." The Huron CFS has hired a parent aid and is currently assisting seven or eight families. This person goes into the home to work with in most cases very young parents with children. Penn - added. "This program enables us to Leave kids at home dur- ing a very high risk period. We are fighting for funding on this project. We haven't received any help from the county yet. We also use volunteers with neglected families who need parenting help." The Huron CFS director said a •course has been set up in (he HUron- Perth Separate School curriculum for grade four students on child abuse and hopes to have it extended to the public school system in the near future. The Community Child Abuse pro- gram has received $60,000 in funding from the Trillium Foundation, but Penn added. "We need to raise $60,000 - locally over the next four years. All donations are tax deductible." Two seminars are being planned for the near future. On May 27. the Chernicks, a husband and wife doc- tor team from London will be speak- ing on Growing up sexually at Robert- son school in Goderich. June 1 and 2 at the Huron Family and Children's Services Office in Goderich, Alex Zaphiris anexpert on the subject will be speaking on child sexual abuse and treatment. . About child sex abuse, Penn said, "About 90 percent of- the cases are treatable. For the guy who admits do- ing it, he can be convicted. The other 10 percent are what we call low pro- gnosis. They can't be treated and must be put away." He added, "Something has to he done to give more weight to testimony for four year-olds in this type of court case. They tell the truth and I would believe them a lot quicker than some 15 year-olds." Probation offker says anima/ isn't tamed Iluron County probation officer Tom Ewer tackled the theme "have we tamed the animal?" at Friday's professional development day in Ex- eter. The "animal" was identified tri the Young Offenders Act, passed in- to law in April 1984 to replace the 1908 Juvenile Delinquents Act. Ewer explained the differences in philosophy and implementation in the two to his audience of elementary school teachers. The Juvenile Delinquents Act gave minimum attention to accountability, and assumed a young person who had run afoul of the law was not a criminal but a misdirected child who could be saved by a court acting as a wise but kind and stern father. The Young Offenders Act shifts responsibility for his or her actions onto the individual, and emphasizes punishment rather than rehabilita- tion. Ewer said the Young Offenders. Act states unequivocally that young persons who commit offences shall bear full responsibility for their il- legal actions, and society must be pro- tected from their illegal behavior. However, because of implimentation and interpretation, many receive neither. Ewer said that while the Juvenile Delinquents Act allowed various agencies to quickly zero in to help a child in trouble with the law, its replacement has too many loopholes, and allocates rights which can act against an adolescent's need. "The in- itial impact was administrative chaos for every professional in the field," Ewer revealed. Ewer said police were overwhelm- ed with paperwork, and apprehensive about interpreting the extent of their authority. Consequently, there was in the first year a phenomenal decrease in the number of charges being laid. This sent a message to young teenagers: Let's do it. Nothing happens." Judges dismissed cases if forms • were filled out incorrectly. Children's Aid or family and children's services once took charge of out -of -control children. These agen- cies' hands are now tied because of the 'way the new act is being interpreted. Fifty percent of adolescents charg- ed under the Juvenile Delinquents Act were not represented by lawyers. The family court judge played the role of • strict but caring father. Young per- sons could be sent tea training school (where the focus was on rehabilita- tion) for an indefinite term, and gradually phased back into society. Now young offenders are given determinate sentences. They can refuse their consent to counselling or treatment, and "walk after three months". 'There is no method to collect fines front young offenders, so this sentence is meaningless. • Ewer said lawyers have been the main beneficiaries of the Young Of- fenders Act. One was heard to refer to it as "our pension plan". A child can demand to be represented by a lawyer even if his or her parents object, and has that right at every stage of the legal process. Many more cases are going to trial as lawyers in effect say "Let's plead not guilty and see what happens". Guil- ty verdicts are then appealed. Ewer said all this delay in dealing with a young person in trouble with the law is not beneficial to this age group. He agrees that y 'ung of- fenders are entitled to pier_. legal representation, but disagrees with the attempt by some lawyers to get their clients bff at any cost. Another concern under the hew act is or split jurisdiction. Now youths in the 12 to 15 age group come under the jurisdiction of the ministry of com- • munity and social services, and 16 and 17-year-olds are dealt with by the ministry of correctional services. Ewer, a community and social ser- vices employee, is concerned that under the new system troubled youngsters are 'falling through the cracks". Ile told his audience he thinks the time has come for the pro- fessionals in the schools and in the agencies dealing with these young people to go out on a limb and challenge the Young Offenders Act. "We are losing a lot of these kids." Ewer concluded that despite some amendments. thepromises of further review and change from the federal government, the-Voung Offenders Act is still out of control and needs to be tamed.