JH-P1 - Interrogations and Searches
SECTION J: School Administration
Interrogations by Child and Family Services representatives
Principals are encouraged to assist Child and Family Services representatives who wish to interview a child regarding alleged abuse. The Child and Family Services Act [Section 21 (2)] clearly states that their representatives are authorized to attend at a school to take custody of a child or children where there are reasonable and probable grounds to believe that the child is in need of protection. Any person claiming to be a Child and Family Services representative must satisfy the Principal as to his/her identity.
Interrogation of students by police officers
The police shall not conduct investigations in the schools except when it is absolutely necessary for them to do so in the proper discharge of their duties. When students have to be interviewed by the police, the Principal shall act in accordance with the procedures established by the Board. (See JH-P1)
Prior to making statements, students shall be cautioned with respect to giving evidence which may be used to their own detriment.
The Principal shall make every attempt to notify parents/guardians whenever the police request an interview with students.
These procedural guidelines apply to the interrogation of students on school premises.
Although these guidelines have been developed for situations where police officers are involved in interrogating students on school premises, there will be situations where the investigation of a school matter by the Principal may overlap with some alleged criminal activity. In these situations, it is recommended that the Principal follow these guidelines to ensure that any statement received from a student would be admissible evidence at any proceeding against the student.
On matters not relating to school activities, only the legal guardian of the student or a law enforcement officer shall be permitted to interrogate a student on school premises. Under some circumstances, as dealt with in the Child and Family Services Act, Section 19.1, Child and Family Services authorities may have the right to interrogate students in the school.
Interrogation by police on School Premises of Students 12 Years of Age and Over
These guidelines are in compliance with the Youth Criminal Justice Act where a young person is suspected of having committed, or being involved in a crime, which necessitates police investigation.
Police officers, in the course of their duties, may find it necessary to visit a school and interrogate certain students. In the event that such interrogations become necessary, the following procedures are to be followed.
When a police officer finds it necessary to interrogate a student during school hours, the police officer will report to the office of the Principal or designate and make known the purpose of the visit.
The Principal or designate will bring the student to the office where the interrogation will take place.
The police officer is responsible to inform the student that:
The student is under no obligation to give a statement;
Any statement given by him/her may be used as evidence in proceedings against him/her;
He/she has the right to consult with:
Counsel or a parent (except for students under the age of 12 who do not have a right to consult with counsel); or,
In the absence of a parent, an adult relative; or,
In the absence of a parent and adult relative, any other appropriate adult (over 18) of his/her choice;
Any statement made by him/her must be made in the presence of the person consulted unless he/she expressly waives the right in writing.
If the student requests the Principal or other staff member to be his/her adult representative present during the interrogation, it is desirable that the individual comply with the student’s request. However, the staff member is not obligated. If the request is refused, the student may select some other adult to be present.
The Principal or designate does not have the automatic right to be present at the interrogations involving students 12 years or over. The Principal or designate cannot assume or state that he/she is the student’s representative/advocate in the interrogation; selection of person/counsel is the student’s right.
The Principal or designate can request to be a silent observer of the interrogation. The police officer would then be responsible to inform the student of the request. If the student does not consent, the Principal or designate may then determine:
To let the interrogation go ahead without the Principal or designate in attendance, or
Request that the interrogation be removed from the school premises.
Before removing a student from the school, the police officer should communicate by phone with the parents/guardians and inform them of the course of action taken. (See also JEC.)
Police officers will do all in their power to comply with the wishes of the Principal or designate, where such wishes are not inconsistent with these guidelines, or regulations of the Police Department.
Any breach of this guideline must be reported immediately to the Superintendent’s department.
Interrogation by police on School Premises of Students under 12 Years of Age
Students under 12 years of age are not subject to charges under the Youth Criminal Justice Act.
Where the student is under 12 years of age, in the absence of the parent/guardian, or some other adult chosen by the student, the Principal or designate must be present during an interrogation on school premises.
If a student has not been able to contact a parent/guardian and the Principal or designate is required to be present during the interrogation for a student under the age of 12, when being interrogated by a police officer, it is recommended that the student be given the same fundamental rights as those given to students 12 years of age and over.
Waiver Pursuant to the Youth Criminal Justice Act
The waiver form pursuant to the Youth Criminal Justice Act is a document generally used by the police department when interrogating young people. (See Exhibit JH-E)
Given that statements taken by school authorities may be held in the same light as statements taken by the police, the Principal may wish to use the content of that document, if not the form, where the Principal or some other school authority is interrogating a youth for the purposes of taking a statement pertaining to a criminal or a quasi criminal matter. In these circumstances the form should be explained to the student by the Principal to ensure an understanding of it.
Searches by School Officials and Staff
In the interest of the safety and welfare of other students and of protecting school property, the Principal may authorize, with reasonable cause, a search and inspection of student lockers and other student property in the school or on school grounds. However, in order to protect the students’ rights to privacy, this authority shall be exercised with discretion. In most cases, a search will proceed in the presence of at least two school personnel authorized by the Principal. The student has the right to be present or to be represented at the inspection. (See also JN)
If articles and or substances are found that are deemed to be injurious to the welfare of the students or the school, the Principal will determine the appropriate course of action.
Where illegal articles and/or substances are discovered, the student may be detained by the school authorities and the police may be summoned. Incidents involving firearms and/or drugs must be reported to the R.C.M.P. The student will be under the supervision of school authorities until such time as the appropriate action is taken.
Searches by Police Officers
Police officers require a search warrant before they are entitled to search school premises, a student’s locker or other property, except in an investigation of an alleged offence under The Narcotics Control Act or as a result of an assessment of imminent threat.
June 25th, 2002