Page 17 - OSR 99- Eng.

4.5.2 Cases involving the Criminal Code
The Criminal Code is federal legislation; where there is a conflict between it and provin- cial legislation, it takes precedence. Therefore, if a principal is served with a search war- rant under the Criminal Code requiring the surrender of an OSR to the police, or is served with a subpoena requiring his or her appearance at court with the OSR, he or she is obliged to comply with the search warrant or the subpoena. In both cases, the princi- pal should obtain legal advice from the board’s legal counsel about any relevant issues, including those on page 15 in section 4.5. The principal should also inform the relevant authority (i.e., the police or the judge) that the use of any part(s) of the OSR as evidence in court proceedings is inconsistent with subsection 266(2) of the Education Act. The principal should present the police or the judge with both the original OSR and a com- plete and exact photocopy of it, and should propose that the photocopy be submitted instead of the original.
4.5.3 Provisions under the Child and Family Services Act
Under the Child and Family Services Act, R.S.O. 1990, c. C.11, it is possible for a court to order a principal of a school to produce a student’s OSR for inspection and copying. A court may make such an order if it is satisfied that (a) a record contains information that may be relevant to a consideration of whether a child is suffering abuse or likely to suffer abuse, and (b) the person in control of the record has refused to permit a Children’s Aid Society director to inspect it. If a principal receives a court order under the Child and Family Services Act, he or she should seek legal advice about how to comply with it.
16 THE ONTARIO STUDENT RECORD (OSR): GUIDELINE, 2000 March 2000