Is mandatory breathalyzer testing mandatory for entry to a school prom?

Ontario, Canada


The following excerpt is from Simon Gillies et al v. Toronto District School Board, 2015 ONSC 1038 (CanLII):

To date, there is no Canadian jurisprudence on the question of mandatory breathalyzer testing as a pre-condition for entry to a school prom. There is only one American case decided in 1985 that discusses the issue of breathalyzers in the school context. In Anable v. Ford, 663 F.Supp. 22 (W.D. Ark. 1985), several students challenged the substantive and procedural aspects of a school board’s anti-drug and alcohol policy. The policy provided that students may be required to submit to a blood, breath, urinalysis or polygraph test when there is reasonable suspicion that the student may be hiding wrongdoing. The plaintiff Anable, who was subjected to a breathalyzer test, was unsuccessful in the action; the court dismissed his claim and found that the breathalyzer did not pose a “constitutional problem” because the plaintiff “freely executed a valid consent to the procedure” and his mother had provided consent as well. He had also been told the consequences of the breathalyzer test.

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