Conduct of Interviews. Procedures and considerations related to conducting interviews include the following: • the need for police officers to employ appropriate techniques when interviewing children and young persons; • the requirement that police follow the Guide to Officers for Section 146 Youth Criminal Justice Act Statements; • the requirement that police provide, upon arrest or detention, a legal caution and notification of the right to counsel where there are reasonable grounds to believe that the student being interviewed has been involved in the commission of a criminal offence; • taking into account legal considerations respecting the admissibility of statements made to persons in authority [s. 146(2) of the Youth Criminal Justice Act]; • involving the local Children’s Aid Society in the interview process, which is recommended when an interview involves a child who may be in need of protection; and • the requirement that an adult be present throughout the interview, except when the student can waive and has waived the right to have an adult present. Best efforts must be made to have the student’s parent(s) or another adult of the student’s choice present. In circumstances when this cannot be done, the principal must attend the interview.
Conduct of Interviews. When conducting interviews of students on school property: Police shall follow the Guide to Officers for Section 146 Youth Criminal Justice Act Statements (see Appendix C); ▪ Police shall provide, upon arrest or detention, a legal caution and notification of the right to counsel where there are reasonable grounds to believe that the student being interviewed has been involved in the commission of a criminal offence; ▪ Involve the Kenora Rainy River District Family and Children Services or Weechi-it-te-win Family Services in the interview process when an interview involves a child who may be in need of protection; and, ▪ An adult must be present throughout the interview, except when the student can waive and has waived the right to have an adult present. Best efforts must be made to have the student’s parent(s) or another adult of the student’s choice present. ▪ When a parent or other adult selected by the student cannot be present, the principal or designate must attend the interview.
Conduct of Interviews. Procedures and considerations related to conducting interviews include the following: • police must employ appropriate techniques for interviewing children and young persons, and follow the Guide to Officers for Section 146 Youth Criminal Justice Act Statements (appendix B) • police will provide, upon arrest or detention, a legal caution and notification of the right to counsel where there are legal grounds to believe that the student has been involved in the commission of a criminal offence • legal considerations of the admissibility of statements made to persons in authority (section 146(2) of the Youth Criminal Justice Act) • involving the Children’s Aid Society in the interview process which is recommended when an interview involves a child who may be in need of protection • the requirement that an adult should be present throughout the interview, except when a student can waive, and has waived, the right to have an adult present. Best efforts must be made to have the student’s parents/legal guardians, or another adult of the student’s choice, present. In circumstances when this cannot be done, the principal must attend the interview.
