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The Great Youth Criminal Justice Act Debate

The Act goes into force April 1, 2003

New: December 2010: Enter Your Comments and Opiniion Respecting the YCJA

Please do not name any company in this discussion. If you do so your submission will be deleted. The debate is designed to stimulate fair discussion. Please do not slander or libel any person, school, company, or board. If you do so you alone will face the consequences. Please report any abuses or complaints forthwith to S. Biss at 1-877-273-3322.

The debate for September 2002:

Should students be permitted to buy clothing from more than one retailer of school uniforms?

Assuming that an equivalent item of clothing can be purchased from another reasonably priced retailer, why must all students buy their uniforms from one approved company?

Should school uniform companies disclose where and by whom their clothing is manufactured ? 

Do the policies of some school boards respecting uniforms violate the Canadian Charter of Rights and Freedoms?

Charter of Rights s. 2 b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

Does detention (not detentions) by school secretaries for label inspections and other minor uniform infractions constitute unreasonable search or arbitrary detention under the Charter?

Charter of Rights s. 8. Everyone has the right to be secure against unreasonable search or seizure.

Charter of Rights s. 9. Everyone has the right not to be arbitrarily detained or imprisoned.

Does the requirement that women wear trousers designed for men constitute sexual inequality?

Charter of Rights s. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Are these School Board rules "reasonable limits ... justified in a free and democratic society." 

 Charter of Rights s. 1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

If there is a violation of one of these rights is there a remedy? eg. to exclude evidence of the clothing at the disciplinary hearing?

Charter of Rights s. 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Charter of Rights s. 24. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

 

See also The Young Offenders Act Parents' Page

    Read What Others Have Said


    City:
    Mississauga
    Date:
    20 Sep 2002
    Time:
    16:42:28

    Comments

    As long as students wear shirts, sweaters, slacks, skirts, shoes and other articles of clothing that match an objective standard reasonably set by the School Board they are in compliance with the uniform policy. They should not be subject to label detention and search.


    City:
    Mississauga
    Date:
    21 Sep 2002
    Time:
    19:07:10

    Comments

    A school is supposed to be a place of learning. School uniforms should aid this purpose by helping students to focus on school instead of clothes. They also should make it easier for students to choose what to wear in the mornings. With such label "policing", these benefits are lost, and the focus is on the brand of clothing. I've had a personal experience where I was going to be sent home because I was not wearing the correct brand of clothing. Should a student be unable to learn just because he or she does not have the proper brand name? I think that this is ridiculous. School administrations need to focus on creating a safe and enjoyable learning environment instead of inflicting these kind of punishments.


    City:
    Mississauga
    Date:
    25 Sep 2002
    Time:
    13:02:59

    Comments

    I go to a school that requires us to wear uniform, and for the last 3 years it was allowed by the school that we can wear any similar looking uniform, with no logo's- this was a good policy and it was taken away this year and only x's (very expensive) uniform are allowed, I have all my old stuff, still fits and is in good condition Its not right for me to have to spend 150-300 for a new one for a logo


    City:
    Mississauga
    Date:
    29 Sep 2002
    Time:
    15:47:39

    Comments

    For right of school authorities to search students read: Supreme Court of Canada in R. v. M. (M.R.) [1998] 3 S.C.R. 393 Quoting from the head note, "A different standard should be applied to searches by school authorities. Teachers and principals are placed in a position of trust that carries the onerous responsibilities of teaching and of caring for the children's safety and well-being. In order to teach, school officials must provide an atmosphere that encourages learning. The possession of illicit drugs and dangerous weapons at school challenges the ability of school officials to fulfill their responsibility. Current conditions require that teachers and school administrators be provided with the flexibility needed to deal with discipline problems in schools and to be able to act quickly and effectively. One of the ways in which school authorities may be required to react reasonably is by conducting searches of students and seizing prohibited items. Where the criminal law is involved, evidence found by a teacher or principal should not be excluded because the search would have been unreasonable if conducted by the police." R. v. M. (M.R.) [1998] 3 S.C.R. 393


    City:
    Catasauqua
    Date:
    30 Oct 2002
    Time:
    17:11:08

    Comments

    School uniforms could be the worst school law ever given....not trying to bee rude or anything but people will make comments about how u look in a uniform anyways...u would probably look dumber in a school uniform then regular clothes. It is also like saying we are not aloud to be ourselves which is not right either


    City:
    Ottawa
    Date:
    03 Nov 2002
    Time:
    12:18:32

    Comments

    I believe that school uniforms allow for students not to be discriminated against by the way they dress. However, if they choose to wear the same uniform but from a different manufacturer that should be aloud as well.


    City:
    Mississauga
    Date:
    03 Nov 2002
    Time:
    22:37:22

    Comments

    At the beginning of the school year I had to buy my daughter's uniform for over $400. Only her jacket costs more than an executive three piece suite. Is it in good catholic spirit that the school enforces such purchases?


    City:
    Drayton
    Date:
    20 Nov 2002
    Time:
    12:51:29

    Comments

    Personally, I do not agree with school uniforms. Students can learn just as easily in uniform as what they can in any other clothing. As well, it is an additional unneeded expense (sure, some people say itís less because you donít have to buy brand name clothing or whatever, but are students really going to wear the uniforms outside school? In which case, you have to buy the brand name clothing for outside school and the expensive uniforms for inside school). School uniforms also take away choice for the student. Sure, it might be easier to chose your clothing in the morning, but youíll still have to chose what you want to wear after school. Free expression is also taken away by not allowing one to wear whatever they like. Uniforms cause people to conform to one standard and be the same. Uniforms should not be in the schools.


    City:
    stroud
    Date:
    21 Nov 2002
    Time:
    04:42:44

    Comments

    as a school uniform wearing child I personaly do not mind wearing them, they show school unity and what school you actualy go to


    City:
    Quesnel
    Date:
    25 Nov 2002
    Time:
    11:44:15

    Comments

    Uniforms are oppression. Stop keeping us down.


    City:
    toronto
    Date:
    25 Nov 2002
    Time:
    22:07:59

    Comments

    student should wear uniform


    City:
    Burnaby
    Date:
    03 Dec 2002
    Time:
    00:40:02

    Comments

    who came up with the idea of uniforms anyway?...they dimminish our rights of free expression...yeh, people might not get teased about their clothes for awhile but u can still tell whos poor and whos rich etc. cause some kids have to use hand me down uniforms...it is one of the worst rules in schools EVER!!!!!!!!!!!!!!!!!ouR TEEN YEARS R A TIME TO FIND OUT WHO WE ARE..U GUYS(THE PARENTS,TEACHERS)ARN'T HELPING US THAT MUCH WHEN UR MAKING US WEAR UNIFORMS!


    City:
    st.catharines
    Date:
    03 Dec 2002
    Time:
    11:09:55

    Comments

    i hate uniforms.


    City:
    gahanna
    Date:
    11 Dec 2002
    Time:
    14:10:47

    Comments

    i believe in school uniforms on either side. there are many ups and downs.i have been reasearchimg this and i have found more cons than pros.and i am sure if you reseasearch this also you will find the same thing.i am against school uniforns.


    City:
    woodsville, nh
    Date:
    09 Jan 2003
    Time:
    14:37:55

    Comments

    i think the school uniforms  should of never been invented they should burn every one ever made and let the damn kids wear what they want


    City:
    calgary
    Date:
    13 Jan 2003
    Time:
    13:21:15

    Comments

    uniforms are hell, and i think everyone shoudl have the right to express themselves in any way, including clothing options.


    City:
    Calgary
    Date:
    13 Jan 2003
    Time:
    13:24:39

    Comments

    School uniforms are not necessary, and should be taken out of schools, because students have a right to express themselves and be incividuals.


     
    City:
    columbia hights
    Date:
    30 Jan 2003
    Time:
    10:45:13

    Comments

    I think that it doesn't matter what students wear. And I also think that students should not have to wear uniforms because when they wear what they want to they can express their feeling without having to use words


    City:
    Pearl City
    Date:
    03 Feb 2003
    Time:
    01:30:44

    Comments

    I think TEACHERS should need to wear school uniforms if students need to. The people who enforce the rule should follow it.


    City:
    indiana
    Date:
    06 Feb 2003
    Time:
    21:53:28

    Comments

    i think we should but shouldnt


    City:
    Brantford
    Date:
    10 Feb 2003
    Time:
    09:35:24

    Comments

    We think that School uniforms are dumb. We should have a set of guidelines as to what we should wear. For example, a navy blue shirt and Black pants, or a forest green shirt and Grey pants. Then we could find a shirt that fits us properly and we could choose our own style but still look the same as the other students.


    City:
    Belfast, PEI
    Date:
    16 Feb 2003
    Time:
    18:19:28

    Comments

    I'm not totally against the idea of school uniforms. If everyone wore the same type of clothes there would be less teasing and taunting. Of course, because of the lack of individuality,some parents may send their kids to school where they don't have to wear uniforms.


    City:
    arizona,chandler
    Date:
    25 Feb 2003
    Time:
    21:07:08

    Comments

    I Think they r sooooooooooooo stupid.


    City:
    yankton
    Date:
    26 Feb 2003
    Time:
    14:56:22

    Comments

    i dont like school uniforms


    City:
    Brantford
    Date:
    02 Mar 2003
    Time:
    18:59:07

    Comments

    I like the idea of school uniforms. Firstly because it would help to eliminate the superficial prejudices formed based on a person's attire. Secondly because I do not think that it is a particularly large impediment to the expressive potential of the students being told to wear them. While appearances do help to express personality, it is a rather basic form of expressive. Make the students learn to express themselves through forms aside from physical appearance.

    (I do, however, think that a moderately strict dress code is better than an actual uniform).


    City:
    columbia
    Date:
    04 Mar 2003
    Time:
    21:41:11

    Comments

    Personally I think that students should be able to wear what they want to wear, as long as it fits the school's dress code. Students shouldn't have to be restricted to wearing a certain kind of clothing to school just because of the way other children behave or how they wear there clothing inapropiately. I don't think that wearing a uniform is going to change the way how a person acts or carries themself, in the school setting. Students should have the freedom to express themselves to wear what they want to wear, that is descent, in a mature and fashionable way.


    City:
    Carleton
    Date:
    07 Mar 2003
    Time:
    09:49:35

    Comments

    I think that we shouldn't have uniforms at schools because i like tha way i dress and tha way i dress expresses me. If people went to private schools then dress codes would be ok but i dont i go to a public school. So dress codes dont even look good theres no style to the dress codes and they look terrible so dress codes are a bad idea and no body likes them.


    City:
    Big Lake
    Date:
    07 Mar 2003
    Time:
    13:10:37

    Comments

    School uniforms are retarded. Clothes are a freedom of speech.

     


     

     

 

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Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322

 


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