Policing-Free Schools
OVERVIEW
This is the 4th of 5 modules for our short series on Policing-Free Schools, featuring Vázquez Jiménez from Policing-Free Schools Canada.
You can find the transcription for this video here (including visual descriptions for the video).
Refer to our glossary if you’re having trouble understanding any of the terms in this series.
What are my legal rights regarding police in schools?
https://www.youtube.com/watch?v=sGOx3IPpBWA
https://bccla.org/resource/police-in-schools-pocketbook/
According to Police-in-Schools Pocketbook, it states: (1) You have the right to silence in speaking and writing. Remember, even casual statements can be used against you. Nothing is “off the record” and (2)You have the right to a lawyer. The police must contact the lawyer for you as soon as you ask for one. (1) You have the right to know why you were arrested or detained. (2) You have the right to medical assistance for urgent needs. (3) If, the principal, school teacher or another person is helping the police by questioning you, all the same rights apply.
What about plainclothes officers?
Police officers may be present in schools without uniforms. In these situations, individuals have the right to ask whether someone is a police officer and request their name and badge number to confirm their identity.
What about filming the police?
Filming police is a constitutionally protected right when officers are on duty. Students and community members are legally allowed to take photos or videos of police interactions, despite public narratives that may attempt to discourage or misrepresent this right.
What about arrests and detentions?
There are also additional rights upon arrest or detention for youth under the age of 18, including: (1) Police must explain the situation to you in language that you understand and, (2) Police must contact your parent as soon as possible.
If they cannot reach your parent, they must contact an adult relative. You have the right to have a lawyer and parent present during police questioning. If your parent is unavailable, you can ask for: (a) An adult relative, or (b) another adult that you choose, in that order.
Students have the right not to interact with police in school settings, whether in hallways, classrooms, or during extracurricular activities. Police cannot randomly stop students to request personal information except in specific situations. While students may choose to speak with police, they cannot be forced to do so and can clearly state that they wish to remain silent. It is important to recognize that police may use informal or friendly conversations to gather information, and anything shared can be used as evidence.
In situations of arrest or detention, individuals have the right to remain silent and the right to a lawyer, and police are required to facilitate contact with legal counsel upon request. Individuals must be informed of the reason for their arrest or detention and have the right to access medical assistance if needed. These rights apply even if questioning is conducted by school staff in collaboration with police.
For youth under 18, additional protections are in place. Police must explain the situation in clear, understandable language and contact a parent or guardian as soon as possible. Youth also have the right to have both a lawyer and a parent or another trusted adult present during questioning.
Know your rights, Know Your Reality
Understanding legal rights is one part of harm reduction, alongside recognizing the broader realities of how rights are experienced and upheld in practice. Access to resources such as the Police-in-Schools Pocketbook supports students in navigating interactions with police by providing clear, accessible information about their rights across Canada.