Detainment and Arrest. When making an arrest, police officers shall identify themselves as a police officer; inform the person that they are under arrest; inform the person of the reason for the arrest; take physical control of the person; inform the person of the Right to Counsel, including the existence and availability of duty counsel and free legal advice (Legal Aid); ensure that the person understands the Right to Counsel; search the person; and place the person in handcuffs using the approved manner.
Detainment and Arrest. Where investigations result in detainment and/or arrest, the police and the principal should pay particular attention to the following procedures and responsibilities. When possible, non-school related incidents resulting in the arrest of a student shall take place away from school property. If the police wish to arrest or charge a student on school property, the police officer shall contact the principal of the school that the student is attending and advise as to the nature of the visit and to request a meeting with the student. In the case of “fresh pursuit”, the police may not be able to advise the school administrator immediately of the reason for their actions but will advise the school administrator at the first opportunity of any students charged or arrested. If the student who is being arrested or charged by the police is under 18 years of age, the police shall inform that student about the nature of the charges and his/her rights. Subject to the Youth Criminal Justice Act, and in consultation with the police, the school will attempt to contact the student’s parents/guardians to inform them that their child is being arrested or charged by the police. There may be times when the police will direct the school administrator not to contact the parents/guardians of a charged or arrested student, for example:
Detainment and Arrest. The Police will, in the interest of school safety and morale, consider alternatives to making an arrest on school property, where and when possible. When it is necessary, however, to arrest a student during school hours, the Police will attempt to conduct the arrest in a manner that is least disruptive to school routines. When a student is arrested on school property, during school hours, the Police will contact the Principal/Vice-Principal or designate to arrange access to the student in a private location, where possible. There may be certain circumstances where this may not be feasible given the nature of the crime, or when the safety of the staff and/or students is jeopardized. In those cases, access to the student shall not be denied. When making an arrest, Police officers shall: • Identify themselves as Police officers • Inform the person that they are under arrest • Inform the person of the reason for the arrest • Take physical control of the person • Inform the person of the right to counsel, including the existence and availability of Duty Counsel and free legal advice (Legal Aid) • Ensure that the person understands their right to counsel • Search the person • Place the person in handcuffs using the approved manner Where investigations result in detainment or arrest, the Police and the Principal/Vice- Principal or designate should pay particular attention to the following procedures and responsibilities: • Procedures to be followed in the detainment and/or arrest of suspects, in accordance with the Ministry of the Solicitor General Adequacy Standard LE-005 on arrest and the Youth Criminal Justice Act • Roles and responsibilities of Police and school personnel in the event of a suspect being arrested or detained on school property • Legal grounds for Police to demand entry (e.g., for weapon and drug searches, to arrest a person wanted for an indictable offence, or to save lives), and • Requirements to be followed under the Youth Criminal Justice Act when a young person is arrested and detained, including who is responsible for discharging specific obligations (e.g., the notification of parents under s. 26 of the Act)
