Background:

There may be circumstances where police presence is required in the schools.

The relationship between schools and police authorities is to be one of mutual cooperation and will be based on respect for both the law and students.

Procedures:

1. Principals will be guided by the law, particularly the Youth Criminal Justice Act and Child, Family, and Community Service Act, and must exercise discretion and sound judgment in carrying out this administrative procedure.
2. Police interviews of students are to, whenever possible, be held at the student’s home in the presence of the parent(s) or guardian(s) rather than at the school with the exception of cases of police response to a child protection concern.
3. If the Principal determines that the circumstances require that the interview take place at the school, and where the parent(s) or guardian(s) cannot be contacted or cannot attend, then the Principal or designate may attend the interview. The Principal or designate will stand “in loco parentis,” a role that focuses on the protection of the child’s rights. Written notes are to be kept of the interview. This procedure also includes interviews or breathalyzer testing at school dances or other school events.
4. If police interview a student at a school, or in any case of an alleged criminal offence, the Principal will notify the Superintendent’s office.
5. A police officer may:

5.1 Conduct a search of the school if the officer has a search warrant.

5.2 Arrest the student and remove the student from the school if the officer has a warrant for the arrest of that student.

5.3 Arrest the student without a warrant where the officer has the legal authority to make the arrest.

Legal Reference

Sections 6, 20, 22, 26, 65, 85 School Act
Youth Justice Act
Youth Criminal Justice Act (Canada)

September 2021