Admin

Safe Schools

RATIONALE

1. Bluewater District School Board Foundations For Learning policy includes the following value statements: “We value the demonstrated responsibility of students, staff, parents, community members and trustees for continuous learning"; “We value a safe, caring and healthy learning and working environment" and “We value clear codes of behaviour based upon individual rights and responsibilities".

2. Discipline is learned and should be taught in the home, the school and the community. It is a developmental process that should result in self-discipline and mature responses in society. The Bluewater District School Board Safe Schools Policy focuses on the encouragement of appropriate behaviour by providing program and instructional supports for good conduct as well as guidelines for inappropriate conduct.

3. Basic to a Safe Schools policy is the premise that every student has the right to an education without disruption, and a corresponding responsibility not to deny this right to any other student.

4. The Board recognizes that the majority of students live within the policies, rules and regulations of a school. A minority of students occasionally requires both a clear definition of the limits of behaviour nd of the consequences of breaking those limits.

5. Staff groups, the administration and trustees of Bluewater District School Board believe that:

  • Policy support and education are required in order to promote the identification and correction of circumstances which are contrary to safety and security;
  • No degree of violence, threat or risk to the safety of students or adults is acceptable in the school system;
  • Safety extends beyond freedom from violence and physical harm to emotional well-being, mutual respect and a sense of security; and
  • For any act of violence, however expressed, there will be an appropriate consequence, which may result in parallel but separate school and legal consequences.
  • POLICY

    Bluewater District School Board is committed to establishing and maintaining a safe and secure environment for its students, staff and community through the implementation of an effective Safe Schools policy. It is recognized that it is the principal's responsibility to address disruptive behaviour in partnership with the school staff, the parents and the community and that a progressive discipline approach will be used to address disruptive behaviour wherever possible.

    Bluewater District School Board is committed to ensuring that its school community is a safe and welcoming place for all students, staff and community partners. Creation of a positive learning environment is important. Students with a positive self-concept can more easily appreciate the needs and concerns of others, show respect for others, and resist negative peer pressure as it relates to rules of the school.

    All violent acts of which the school community is aware will result in some form of intervention which is designed to respond to the perpetrator and the victim. The level of intervention will be contingent upon the severity of the actand the established needs of the circumstance.

    The policy has three components: prevention, intervention, and the development of procedures that define and outline consequences of prohibited behaviour while on Board property, at Board sponsored events or while engaging in any activity that will have a negative impact on the school climate.

    For the purposes of suspension and expulsion of any pupil of Bluewater District School Board the following mitigating factors will be taken into consideration (Reg. 472/07)

    1. The pupil does not have the ability to control his or her behaviour

    2. The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour

    3. The pupil's continuing presence in the school does not create an unacceptable risk to the safety of any person

    SYSTEM EXPECTATIONS

    A. The School Environment

    The school environment must be safe so that learning can take place. It is the obligation of all members of the school community to establish a safe and secure school environment. Character development is a foundation of our education system and it is an obligation of all members of the school community to focus on supporting and developing the whole student. When embedded in the school environment and the community, character development impacts on student success throughout their school years and beyond.

    The school environment is both physical and social. It includes the school building, its surroundings, the people in it and the way they interact, the material resources, and the extensions of this environment that are necessary for the delivery of the program (e.g., field trips, school buses), extracurricular activities and the school climate. The school climate can be affected by student activities that occur both inside and outside of the school, and could include such things as internet harassment or cyber bullying or deliberate acts of violence against persons who are affiliated with the school environment.

    To establish and maintain a safe and secure school environment:

    i) the school staff will teach by example and will design activities to provide a positive, inviting school atmosphere and maintain a safe school culture for all people in Bluewater schools;

    ii) discipline strategies will be fair and non-violent and focus on teaching students about appropriate behaviours while maintaining their self-respect (discipline strategies may need to be individualized to meet student learning needs);

    iii) guidelines for supervision will be developed by individual schools to ensure the safety of staff and students at school-sponsored activities. These guidelines will be consistent with the school's Code of Conduct;

    iv) principals will deny entry to the school to a person found in possession of materials and/or substances deemed to be unsafe and/or inappropriate (e.g. hate literature, guns, knives, illegal drugs);

    v) principals may deny entry to school-sponsored activities to individuals whom they know have a record of violence or who have been found in possession of weapons;

    vi) schools will establish procedures for dealing with visitors and/or strangers in the school;

    vii) principals will deny entry to individuals who, in the administrator's judgment, threaten, intimidate, harass, verbally abuse or attack any students or staff;

    viii) students with a record of violence or who have been found in possession of weapons and who wish to transfer from one school to another will be identified by principals. This information will be communicated to the appropriate supervisory officer and to the students so identified;

    ix) principals will co-operate with bus operators to ensure that school buses, as extensions of the school environment, are safe and secure;

    x) schools will establish Safe School Committees; and

    xi) schools will operate Health and Safety Committees.

    B. Violence Prevention in the Curriculum

    Violence prevention must be incorporated into all aspects of the curriculum for students from junior kindergarten to the end of secondary school. It is the joint responsibility of school, home and community to work together to guide students to become good citizens in a society that promotes an equitable, violence-free environment for all. The purpose of the Violence Prevention Curriculum is to promote identification and correction of circumstances which are contrary to safety and security.

    Prevention is the establishment and use of activities designed to promote the building of healthy relationships and appropriate behaviours, such as:

  • bullying prevention;
  • citizenship development; and
  • character development
  • The Prevention component is guided by the following principles:

    a) prevention is the most humane and efficient way to deal with violence, conflict, and acts of aggression;

    b) the Board is committed to promoting appropriate methods of resolving conflict that are safe and respect the rights of others.

    1. To achieve this there must be:

    i) early exposure to appropriate social skills to be used in different situations;

    ii) early identification of forms of violence and reporting of threats to safety;

    iii) early identification of problem behaviours and support for learning appropriate behaviours; and

    iv) guided practice which will lead to the independent application of a variety of skills consistent wtih Bluewater's character attributes as a regular part of daily living and the ability to resolve conflict in a non-violent and non-hurtful way.

    The Ontario Curriculum, specifically in Social Studies, Grades 1 to 6; History and Geography, Grades 7 and 8; Health and Physical Education, Grades 1 to 8; and Choices Into Action, Grades 1 to 12 includes expectations that relate to violence prevention and appropriate conduct.

    These expectations include:

  • understanding equity;
  • understanding different cultures;
  • developing a commitment to peace and justice;
  • developing skills to get along with others (e.g. language skills related to negotiation and compromise);
  • being a responsible citizen;
  • respecting human rights; and
  • building healthy relationships.
  • 2. The curriculum must be free of bias, reflect the diverse groups that compose our society and provide opportunities for students to:

    i) understand how to be alert and prudent about personal safety;

    ii) develop, practice, and reflect on interpersonal communication and problem-solving skills such as negotiation, mediation, management of conflicts, assertiveness, and the ability to cope with change or frustration;

    iii) develop self-confidence and enhance self-esteem;

    iv) acquire the ability to understand, respect, and care for others;

    v) develop awareness that discrimination is hurtful and unacceptable;

    vi) acquire skills that will be useful in their existing and future relationships, such as parenting;

    vii) develop the ability to value the diversity of people and of points of view in society.

    Physical education and school sports should provide opportunities for non-violent competitions and stress co-operation and positive attitudes.

    C. Intervention Program

    The Board will build on its early identification practices and procedures to help children at risk of being bullies and/or victims. As much as possible, this assistance must take place within the classroom and with the involvement of parents or guardians.

    Intervention programs as well as helping students to reduce their teasing, bullying, anger, or timidity, should attempt to discover and document the underlying cause(s) of the student's behaviour. As well as addressing, or helping students address, the cause(s), intervention should build on their strengths, enabling them to develop a healthy self-concept and appropriate interpersonal skills. Intervention programs must take into account the different learning needs of all students.

    The Board will implement progressive discipline programs utilizing a continuum of interventions, supports and consequences, including opportunities to reinforce positive behaviour while assisting students to make appropriate choices. Progressive discipline programs will model a framework that shifts the focus from a purely punitive to a corrective and supportive model.

    Where appropriate, the Board will develop and implement programming to address the special needs of exceptional students as identified through the Individual Education Plan process. Teachers, in consultation with parents, will be the primary resource for identifying these children and referring them to the appropriate person and/or agency. They will be aware that a certain amount of misbehaviour as a function of learning is normal for children but abnormal misbehaviour would include the elements of high frequency, long duration and more serious intensity.

    Procedures must be developed in individual schools to ensure that teachers have the opportunity to consult with parents about the inappropriate misbehaviour of their children. Where appropriate, an offer of available resources such as in-school counselling or a referral to a mental health agency must be made.

    The Board will continue to develop partnerships with community organizations and agencies which can provide support to students in need.

    D. Code of Conduct

    Every elementary and secondary school within the Board shall develop a Code of Conduct that clearly indicates the behaviour expectations of its school community.

    The Code of Conduct should reflect a philosophy that for every inappropriate act the perpetrator will be given an appropriate consequence chosen from a continuum of consequences.

    1. The Code of Conduct will be:

    i) applicable to each and every member of its community - students, staff, parents, community partners, bus drivers and visitors;

    ii) developed in collaboration with students, staff, parents/guardians and the community;

    iii) reviewed annually in consultation with students, staff, parents/guardians and the community;

    iv) displayed prominently in the school;

    v) communicated to students, staff, parents/guardians and the school community at the beginning of the school year, and at other times when appropriate; and

    vi) founded on the principles of fairness and non-violence and focus on teaching appropriate behaviour while maintaining individual self-respect.

    2. The contents of the Code of Conduct will include:

    i) the standard of behaviour that is expected of each member of the school community;

    ii) a clear statement that violence in any form that has an effect on the school climate will not be tolerated in the school community, including school grounds, buses and school or Board-sponsored events;

    iii) a statement that physical, verbal (oral or written), sexual, or psychological abuse, harassment, bullying, or discrimination on the basis of race, culture, religion, gender, language, disability, sexual orientation, or any other attribute is unacceptable;

    iv) a statement that damage to property in the school environment (including school grounds, school buses) is unacceptable;

    v) a statement that desks and lockers are considered school property and that a search of such property is permissible by school administration based on reasonable grounds; a statement that administrators may ask students to open up personal backpacks or handbags or to remove shoes and socks where there are reasonable grounds to believe that a student is carrying stolen property, a dangerous weapon, or an illegal substance;

    vi) a description of the school dress code; and

    vii) clear and fair consequences for unacceptable behaviour that are consistent with this Safe Schools Policy and the Board's personnel policies and procedures and collective agreements.

    E. Staff Development

    Bluewater District School Board will provide opportunities for all staff to acquire the knowledge and skills necessary to develop and maintain a welcoming and safe school environment.

    Staff members must be able to adapt to new demands and circumstances. They must receive strong support, professional preparation and ongoing professional development focusing on the skills and knowledge that are required to teach appropriate conduct.

    They must have opportunities to reflect, to learn and to collaborate with others.

    Educators must be prepared for their role as teachers of appropriate interaction, violence prevention, and as facilitators of conflict resolution. They must also know how and when to call upon the support of others, within both the school and the community, including appropriate community agencies. Staff development is an essential component of the Safe Schools policy.

    Board support staff, school administrators, and staff groups representing all staff will provide awareness/information opportunities for the purpose of applying school board and school procedures in a fair and consistent manner. Staff development topics include information about:

  • school-based programs that address conflict resolution, mediation, self-esteem, decision-making;
  • medical conditions that may be associated with violent behaviour;
  • bullying prevention strategies that include expectations for appropriate student behaviour, teaching strategies that support the school-wide bullying prevention program and opportunities for all students to participate in bullying prevention training and leadership initiatives in their school community services that provide counselling, anger management, parenting skills, management of disturbed behaviour, etc.;
  • signs/profiles of physical/sexual/emotional abuse and appropriate interventions, such as reporting of an incident;
  • programs that focus upon identification and elimination of bias and discrimination on the basis of race, culture, religion, gender, language, disability, sexual orientation, or other attributes such as income or appearance;
  • programs supporting the safety and welfare of victims;
  • programs and procedures for re-integrating perpetrators.
  • Roles and Responsibilities

    The Board and its schools will involve their community in the development, implementation and maintenance of a safe environment. The education of children is a shared responsibility between school and home to ensure respect for self, others and the environment.

    Standards of Behaviour

    Respect, Civility, and Responsible Citizenship

    All School Members

    Allmembers of the school community must: (Provincial Code excerpt)

  • respect and comply with all applicable federal, provincial and municipal laws;
  • demonstrate honesty and integrity;
  • respect differences in people, their ideas and opinions;
  • treat one another with dignity and respect at all times, and especially when there is disagreement;
  • respect and treat others fairly, regardless of, for example, race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, gender, sexual orientation, age or disability;
  • respect the rights of others;
  • show proper care and regard for school property and the property of others;
  • take appropriate measures to help those in need;
  • seek assistance from a member of the school staff, if necessary, to resolve conflict peacefully;
  • respect all members of the school community, especially persons in positions of authority;
  • respect the need of others to work in an environment that is conducive to learning and teaching;
  • not swear at a teacher or at another person in a position of authority.
  • Boards School Boards (Provincial Code excerpt)

    School boards provide direction to their schools to ensure opportunity, academic excellence, and accountability in the education system. It is the responsibility of school boards to:

  • develop policies that set out how their schools will implement and enforce the provincial Code of Conduct and all other related to the provincial standards that promote and support respect, civility, responsible citizenship, and safety;
  • review these policies regularly with students, staff, parents, volunteers, and the community;
  • seek input from school councils, their Parent Involvement Committee, their Special Education Advisory Committee, parents, students, staff members, and the school community;
  • establish a process that clearly communicates the provincial Code of Conduct and school board codes of conduct to all parents, students, staff members, and members of the school community in order to obtain their commitment and support;
  • develop effective intervention strategies and respond to all infractions related to the standards for respect, civility, responsible citizenship, and safety;
  • provide opportunities for all of the staff to acquire the knowledge, skills, and attitudes necessary to develop and maintain academic excellence in a safe learning and teaching environment.
  • Wherever possible, boards should collaborate to provide coordinated prevention and intervention programs and services, and should endeavour to share effective practices.

    (Provincial Code excerpt)

    Principals Principals, under the direction of their school board, take a leadership role in the daily operation of a school. They provide this leadership by:

  • demonstrating care for the school community and a commitment to academic excellence in a safe teaching and learning environment
  • holding everyone under their authority accountable for their behaviour and actions;
  • empowering students to be positive leaders in their school and community;
  • communicating regularly and meaningfully with all members of their school community.
  • Teachers Teachers and Other School Staff Members

    Teachers and other school staff members will:

    i) be represented in the development and review of the school's Code of Conduct;

    ii) be represented on the Safe Schools Committee within each school;

    iii) be involved in dealing with all aspects of inappropriate behaviour;

    iv) demonstrate appropriate role modeling;

    v) be represented in the consultation and review of the Board Safe Schools Policy;

    vi) be encouraged to assume leadership roles in the development of procedures and practices to support the School Code of Conduct and Board policy;

    vii) have input in reviews of the school environment.

    (Provincial Code excerpt)

    Teachers Teachers and Other School Staff Members

    Under the leadership of their principals, teachers and other school staff members maintain order in the school and are expected to hold everyone to the highest standard of respectful and responsible behaviour. As role models, teachers and school staff uphold these high standards when they:

  • help students work to their full potential and develop their sense of self-worth;
  • empower students to be positive leaders in their classroom, school, and community
  • communicate regularly and meaningfully with parents;
  • maintain consistent standards of behaviour for all students;
  • demonstrate respect for all students, staff and parents, volunteers, and the members of the school community;
  • prepare students for the full responsibilities of citizenship.
  • Students Students

    Students will:

    i) be represented on the Safe Schools Committee within each school;

    ii) assume an active role in the development and review of the school's Code of Conduct;

    iii) have input in reviews of the school environment;

    iv) be encouraged to assume leadership roles in the development of procedures and practices to support the school Code of Conduct (e.g. facilitate information sessions, peer mentoring, peer counselling, peer mediation).

    (Provincial Code excerpt)

    Students are to be treated with respect and dignity. In return, they must demonstrate respect for themselves, for others and for the responsibilities of citizenship through acceptable behaviour. Respect and responsibility are demonstrated when a student:

  • comes to school prepared, on time and ready to learn;
  • shows respect for himself or herself, for others and for those in authority;
  • refrains from bringing anything to school that may compromise the safety of others;
  • follows the established rules and takes responsibility for his or her own action.
  • Parents Parents/Guardians

    Parents/Guardians will:

    i) be represented in the development and review of the school's Code of Conduct;

    ii) be represented on the Safe Schools Committee within each school;

    iii) be consulted if their child is alleged to have perpetrated a violent incident or been the victim of an alleged violent incident;

    iv) be informed, annually and when appropriate, of the Board's Safe Schools Policy and the school's Code of Conduct; For example, the School Code of Conduct should be sent home, discussed with the student and signed by the parent and student. The Safe Schools Policy is available on the Board web-site.

    v) be invited to information sessions about the school Code of Conduct;

    vi) be encouraged to assume leadership roles in the development of procedures and practices to support the Code of Conduct;

    vii) have input in reviews of the school environment;

    viii) communicate regularly with their child's teacher;

    ix) communicate any concerns directly to the child's teacher and according to the board's communication procedure AP 1601-D “Communications Guidelines" for expressing concerns;

    x) be encouraged to demonstrate appropriate role modeling for their children; and

    xi) act in a calm and civil manner to all school members.

    (Provincial Code excerpt)

    Parents play an important role in the education of their children and cansupport the efforts of school staff in maintaining a safe and respectful learning environment for all students. Parents fulfil this responsibility when they:

  • show an active interest in their child's school work and progress;
  • communicate regularly with the school;
  • help their child be neat, appropriately dressed and prepared for school;
  • ensure that their child attends school regularly and on time;
  • promptly report to the school their child's absence or late arrival;show that they are familiar with the provincial Code of Conduct, the board's code of conduct, and school rules;encourage and assist their child in following the rules of behaviour;
  • assist school staff in dealing with disciplinary issues involving their child;
  • School Community Councils

    School

    Community School Community Councils will:

    Councils i) be represented in the development and review of the school's Code of Conduct;

    ii) be represented on the school's Safe Schools Committee;

    iii) be involved in the consultation and review of the school Code of Conduct;

    iv) have input in reviews of the school environment;

    v) be involved in the consultation and review of the Board Safe Schools Policy

    vi) communicate with the Home and School Association, where it exists in the school, regarding this policy.

    Community Partners and the Police

    Community

    Partners Community partners, including police, will:

    i) be included in the development and maintenance of partnerships with the school to implement the Safe Schools policy;

    ii) be included in the review of the policy.

    (Provincial Code excerpt)

    Through outreach, partnerships already in place may be enhanced and new partnerships with community agencies and members of the community may also be created. Community agencies are resources that boards can use to deliver prevention or intervention programs. Protocols are effective ways of establishing linkages between boards and community agencies and of formalizing the relationship between them. These partnerships must respect all applicable collective agreements.

    The police play an essential role in making our schools and communities safer. The police investigate incidents in accordance with the protocol developed with the local school board. These protocols are based on a provincial model that was developed by the Ministry of the Solicitor General and the Ministry of Education.

     

    APPENDIX A - References

    A. The Education Act

    1. Duties of Principals

    The principal of a school, subject to the authority of the appropriate supervisory officer, is in charge of the instruction and discipline of students in the school, and the organization and management of the school.

    The duties of principals, teachers and students are set out in various statutes and regulations, as well as in Ministry and school board policies and procedures. The following statutory and regulatory duties relating to maintaining safe learning environments in schools are highlighted for information purposes.

    (i) Education Act (R.S.O. 1990, c.E.2)

     


    clause 265(a) -


    to maintain proper order and discipline in the school


    clause 265(b) -


    to develop co-operation and co-ordination of effort among the members of the staff of the school


    clause 265(j) -


    to give assiduous attention to the health and comfort of the pupils, to the cleanliness, temperature, and ventilation of the school, to the care of all teaching materials and other school property, and to the condition and appearance of the school buildings and grounds


    clause 265(m) -


    subject to an appeal to the Board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal's judgment be detrimental to the physical or mental well-being of the pupils.

     

    Ontario Regulation 298

     


    clause 11(3)(e) -


    provide for the supervision of pupils during the period of time during each school day when the school buildings and playgrounds are open to pupils


    clause 11(3)(f) -


    provide for the supervision of and the conducting of any school activity authorized by the Board


    clause 11(3)(k) -


    provide for instruction of pupils in the care of the school premises


    clause 11(3)(l) -


    inspect the school premises at least weekly and report forthwith to the Board

    i) any repairs to the school that are required, in the opinion of the principal

    ii) any lack of attention on the part of the building maintenance staff of the school, and

    iii) where the parent of a pupil has been requested to compensate the Board for damage to or destruction, loss or misappropriation of school property by the pupil and the parent has not done so, that the parent of the pupil has not compensated the Board.

    2. Duties of Teachers

    (i) Education Act (R.S.O. 1990, c.E.2)

    clause 264(1)(d) - to assist in developing co-operation and co-ordination of effort among the members of the staff of the school

    clause 264(1)(e) - to maintain under the direction of the principal, proper order and discipline in the teacher's classroom and while on duty in the school and on the school ground

    (ii) Ontario Regulation 298

    clause 20(b) - carry out the supervisory duties and instructional program assigned to the teacher by the principal and supply such information related thereto as the principal may require

    clause 20(h) - co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices in the school

    3. Duties of Students

    (i) Ontario Regulation 298

     


    clause 23(1) (b) -


    exercise self-discipline


    clause 23(1) (c) -


    accept such discipline as would be exercised by a kind, firm and judicious parent


    clause 23(1) (e) -


    be courteous to fellow pupils and obedient and courteous to teachers


    clause 23(1) (h) -


    show respect for school property


    subsection 23(4) -


    very pupil is responsible for his or her conduct to the principal of the school that the pupil attends:


    a) on the school premises;


    b) on out-of-school activities that are part of the school program; and


    c) while traveling on a school bus that is owned by the Board or on a bus or school bus that is under contract to the Board.

     

    B. Child and Family Services Act (R.S.O. 1990, c.C.11)

    1. Duties of Principals

    Subsection 72(1) of the Child and Family Services Act (CFSA) imposes a duty on a person who performs professional or official duties with respect to children. If this individual, on reasonable grounds, suspects that a child is in need of protection, the individual must report this belief directly to the Children's Aid Society. In addition, 72(2) imposes a duty on any person who has reasonable grounds to suspect abuse or neglect as described in subsection (1) to make a further report under subsection (1) if he or she has made previous reports with respect to the same child. To “suffer abuse" under the section means to be in need of protection under certain of the clauses of subsection 37(2) of CFSA.

    2. Duties of Teachers

    Subsection 72(1) of the Child and Family Services Act (CFSA) imposes a duty on a person who performs professional or official duties with respect to children. If this individual, on reasonable grounds, suspects that a child is in need of protection, the individual must report this belief directly to the Children's Aid Society. In addition, 72(2) imposes a duty on any person who has reasonable grounds to suspect abuse or neglect as described in subsection (1) to make a further report under subsection (1) if he or she has made previous reports with respect to the same child. To “suffer abuse" under the section means to be in need of protection under certain of the clauses of subsection 37(2) of CFSA.

    C. Trespass to Property Act (R.S.O. 1990, c.T.21)

    The Trespass to Property Act assists school personnel in removing people from the site who are prohibited entrance.

    1. (1) in this Act, “occupier" includes,

    (a) a person who is in physical possession of premises, or

    (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises

    1. (2) A school board has all the rights and duties of an occupier in respect of its school sites as defined in the Education Act. R.S.O. 1990, c.T.21, s.1 (2)

    Access to School Premises (Regulation 474/00)

    1. This Regulation governs access to school premises under section 305 of the Education Act. O. Reg. 474/00, s.1.

    2. (1) Subject to any restrictions set out in this regulation, the following persons are permitted to be on school premises when the premises are being used for a purpose authorized by the board:

    1. A person enrolled as a pupil in the school.

    2. A parent or guardian of such a pupil.

    3. A person employed or retained by the board.

    4. A person who is otherwise on the premises for a lawful purpose.

    (2) A person who is invited to attend an event, a class or a meeting on school premises is permitted to be on the premises for that purpose.

    (3) A person who is invited onto school premises for a particular purpose by the principal, a vice-principal or another person authorized by board policy to do so is permitted to be on the premises for that purpose.

    (4) Subsection (1), (2) or (3) does not entitle a person to have access to all areas of the school premises.

    (5) Subsection (1) does not restrict the right of the board to lock the school premises when the premises are not being used for a purpose authorized by the board.

    3. (1) A person is not permitted to remain on school premises if his or her presence is detrimental to the safety or well-being of a person on the premises, in the judgment of the principal, a vice-principal or another person authorized by the board to make such a determination.

    (2) A person is not permitted to remain on school premises if a policy of the board requires the person to report his or her presence on the premises in a specified manner and the person fails to do so.

    (3) Subsections (1) and (2) do not apply to a pupil enrolled in the school or to a pupil attending a program for suspended or expelled pupils that is located on the school premises.

    4. A person who is not permitted, under section 3, to be on or remain on school premises on January 31, 2008, shall be permitted to be on and remain on school premises in accordance with this regulation on and after February 1, 2008, if the person was a pupil enrolled in the school at the time that permission for him or her to be on or remain on school premises was revoked.

    D. Youth Criminal Justice Act (R.S.C. 1985, c.Y-1)

    1. Admissibility of Statements

    Section 146 of the Youth Criminal Justice Act deals with the admissibility of statements made by young persons to the police. It sets out the procedures that the police must follow in obtaining statements and the rules that must be followed in order for a statement to be considered admissible in court.

    Subsection 146(2):

    “no oral or written statement made by a young person who is less than eighteen years old, to a peace officer or to any other person who is, in law, a person in authority, on the arrest or detention of the young person or in circumstances where the peace officer or other person has reasonable grounds for believing that the young person has committed an offense is admissible against the young person unless:

    a) the statement was voluntary;

    b) the person to whom the statement was made has, before the statement was made, clearly explained to the young person, in language appropriate to his or her age and understanding, that

    (i) the young person is under no obligation to give a statement,

    (ii) any statement given by the young person may be used as evidence in proceedings against him or her,

    (iii) the young person has the right to consult counsel and a parent or another person in accordance with paragraph (c) and

    (iv) any statement made by the young person is required to be made in the presence of counsel and any other person consulted in accordance with paragraph (c), if any, unless the young person desires otherwise;

    c) the young person has, before the statement was made, been given a reasonable opportunity to consult

    (i) with counsel, and

    (ii) with a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person, as long as that person is not a co-accused, or under investigation, in respect of the same offense; and

    d) if the young person consults any person in accordance with paragraph (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person".

    Subsection 56(3):

    "The requirements set out in paragraphs (2)(b) to (d) do not apply in respect of oral statements if they are made spontaneously by the young person to a peace officer or other person in authority before that person has had a reasonable opportunity to comply with those requirements".

    Identity Not to be Published

    Subsection 110 which relates to the non-publication of the identity of a young person is reproduced in full:

    110 (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person dealt with under this Act.

    (2) Subsection (1) does not apply

    (a) in a case where the information relates to a young person who has received an adult sentence;

    (b) subject to sections 65 (young person not liable to adult sentence) and 75 (youth sentence imposed despite presumptive offense), in a case where the information relates to a young person who has received a youth sentence for an offense set out in paragraph (a) of the definition “presumptive offense" in subsection 2(1), or an offense set out in paragraph (b) of that definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence); and

    (c) in a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information know in the community.

    111 (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offense committed or alleged to have been committed by a young person.

    E. Canadian Charter of Rights and Freedoms (Constitution Act, 1982)

    Section 7:

    Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

    Section 8:

    Everyone has the right to be secure against unreasonable search and seizure.

    Section 9:

    Everyone has the right not to be arbitrarily detained or imprisoned.

    Section 10:

    Everyone has the right on arrest or detention

    a) to be informed promptly of the reasons thereof;

    b) to retain and instruct counsel without delay and to be informed of that right; and

    c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

    Section 11:

    Any person charged with an offense has the right

    a) to be informed without unreasonable delay of the specific offense;

    b) to be tried within a reasonable time;

    c) not to be compelled to be a witness in proceedings against that person in respect of the offense;

    d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

    e) not to be denied reasonable bail without just cause;

    f) except in the case of an offense under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offense is imprisonment for five years or a more severe punishment;

    g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offense under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

    h) if finally acquitted of the offense, not to be tried for it again and, if finally found guilty and punished for the offense, not to be tried or punished for it again; and

    i) if found guilty of the offense and if the punishment for the offense has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

    Section 12:

    Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

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