Assaults and Criminal Charges: Legal Issues

A District 11 OSSTF Resource Pamphlet

ADVICE TO MEMBERS

	The protection of OSSTF District 11 Members is of primary importance to the Federation.
	For this reason, certain guarantees have been negotiated in the Collective Agreements and further emphasized in the Board’s Safe Schools Policy and Procedures, Harassment Policy and Procedures and the Code of Student Behaviour and Discipline.
	Member assaults are a relative rarity; however, it is essential that you know your rights and obligations if you find yourself in such a situation.
	Your best protection is to act in a professional manner with your words and actions, at all times.

WHAT IS AN ASSAULT? - Definition (265 Criminal Code)

A person commits an assault when

1. Without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

2. He attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present or ability to effect his purpose; or

3. While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Advice for a Member who MAY be Charged with an Offence:

A Member may find himself/herself in the position of possibly being charged with an offence that is alleged to have been committed by the Member against a colleague, a student or another individual. The following information lists the steps that a Member should and should not take.

DON’T:

• Say anything about the incident or provide any accounts until you have legal advice. State only that you intend to cooperate after receiving legal counsel.

• Talk to anyone involved in making the complaint.

• Talk to colleagues or anyone else about the incident.

• Answer police questions until you have had legal advice.

You are advised not to make any admissions to anyone except legal counsel. If you are questioned you should be aware that you have the fundamental right to remain silent and to consult with a lawyer before speaking with or making a statement to the police, Children’s Aid Society, or representatives of your employing Board.

Under the Canadian Charter of Rights and Freedoms the police are required to caution you regarding your right to remain silent and your right to consult with a lawyer only after they have informed you that you are being charged with a criminal offence.

Anything you say to the police prior to or after you are cautioned and advised of your right to counsel, is neither confidential nor privileged and may be used against you in a subsequent proceeding.

Anything you say to Children’s Aid Society, to representatives of the Board or OSSTF Representative is neither confidential nor privileged and may be used against you.

DO:

• Contact your Branch President, the District Office or Provincial Office. OSSTF will provide initial legal assistance, promptly, free of charge as a privilege of membership.

• Receive immediate and appropriate support and/or medical attention.

• Get written statements from witnesses. If possible, have someone else obtain the statements.

• Write up an account of the incident including times, location, background and witnesses. This record is for the sole use of the Member. Retain this signed copy for your files. Do not share it without first receiving legal advice.

PROTOCOL FOR THE REPORTING OF VIOLENT INCIDENTS:

The Police and the Board have reached a consensus in the handling of violent incidences. If a Member is assaulted, the Police, under most circumstances, will charge the student.

• hate motivated incidents

• visual representations and/or verbal comments intended to defame specific groups or individuals

• physical assault, assault causing bodily harm

• threat to kill or harm

• damage to property of staff/student

• assault with a weapon, possession of a weapon

• sexual assault

• parent/guardian shall be contacted (less than 18 years)

• weapon shall be confiscated if possible, and released to police

• length of suspension as per Board policy

• counselling may be recommended/provided

• expulsion or alternative placement may be recommended

POLICE SHALL BE CALLED:

• when the incident involves a staff member, the UNION/Federation representative shall be notified

WHAT YOU SHOULD DO IF YOU HAVE BEEN ASSAULTED:

• Inform the Principal.

• Inform your Branch President who will inform the District Office

• Check that the Police have been called.

• Receive immediate and appropriate support and/or medical attention.

• Write down a comprehensive account of the incident including times, location, background, witnesses and date. Retain this copy for your files. Do not share it without legal advice.

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Revised Monday, September 24, 2007

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