Detention and Arrest. Police have legal grounds to demand entry for weapon and drug searches and to arrest a person for an indictable offence, or to save lives. Police procedures to be followed in detainment or arrest and discharging specific obligations, such as the notification of parents/legal guardians, shall be in accordance with the Youth Criminal Justice Act and the Ministry Policing Standards Guideline LE-005 on arrest. The Criminal Code has provisions for detainment for the purpose of investigations. When it is necessary that a student be arrested at school during school hours, to the extent possible, such an arrest will be made in such a manner that will minimize disruption to the school. When a young person is arrested or detained, the discharging of specific obligations including the notification of parents/legal guardians is governed by the Youth Criminal Justice Act (section 26).
Detention and Arrest. Where investigations result in detention 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. Police should have regard to procedures in accordance with the Ministry of Community Safety and Correctional Services’ Guideline LE-005 on arrest and the Youth Criminal Justice Act. If the police wish to arrest or charge a student on school property, where possible 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. Police have legal grounds to demand entry to arrest a person wanted for an indictable offence or to save lives. If the student who is being arrested, detained 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, detained 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:
