Understanding Crimes Committed on School Grounds: What Youth Clients Need to Know

Schools are meant to be safe spaces for learning and growth, but when criminal activity occurs on school grounds, the consequences can be severe. Youth accused of crimes in a school setting face not only legal repercussions but also potential impacts on their education and future. This article explores the common types of school-related offences, their consequences, and how youth clients can navigate the legal process.

Common Crimes on School Grounds

1. Assault and Fighting

Physical altercations are among the most common incidents. Depending on the severity, charges may include:

• Assault (Section 265 of the Criminal Code);

• Assault with a weapon or causing bodily harm (Section 267); or

• Aggravated assault (Section 268).

  
  

2. Bullying and Harassment

When bullying crosses into criminal behaviour, charges such as harassment, intimidation, or even threats may apply. Cyberbullying, often involving social media or electronic communication, can also lead to criminal charges under laws addressing harassment or defamation.

3. Theft and Vandalism

Taking or damaging property on school grounds can result in charges such as:

• Theft under $5,000 (Section 334(b));

• Mischief (Section 430), which includes vandalism or graffiti.

  
  

4. Drug and Alcohol Offences

Possession, distribution, or use of controlled substances or alcohol can lead to charges under the Controlled Drugs and Substances Act or provincial laws regulating alcohol and cannabis.

5. Weapons Offences

Possession of weapons, even without use, is a serious offence, particularly on school property. This includes knives, firearms, or other prohibited items under the Criminal Code or the Youth Criminal Justice Act (YCJA).

6. Threats and Uttering Threats

Making threats against peers, staff, or the school itself—whether serious or not—can lead to charges under Section 264.1 of the Criminal Code.

Legal Consequences for Youth

1. Youth Criminal Justice Act (YCJA)

The YCJA governs how individuals under 18 are prosecuted for crimes in Canada. It emphasizes rehabilitation and reintegration, with an aim to avoid criminal records for minor offences. Possible outcomes include:

• Extrajudicial Measures: Warnings, referrals to community programs, or restorative justice initiatives.

• Youth Court Sentencing: Probation, community service, or custody for more serious offences.

2. School Disciplinary Actions

Criminal charges often coincide with school-imposed consequences, such as:

• Suspension or expulsion;

• Loss of privileges (e.g., participation in sports or extracurricular activities).

  
  

Defending Youth Charged with Crimes on School Grounds

1. Understanding the Charges

Youth and their families should understand the exact nature of the charges and their potential implications.

2. Assessing the Evidence

A defence lawyer can evaluate the evidence, such as witness statements, video footage, or electronic communications, to identify weaknesses in the prosecution’s case.

3. Exploring Diversion Programs

Many youth cases can be resolved through alternative measures, such as community service, counseling, or apologies, which avoid formal court proceedings.

4. Protecting Educational Opportunities

A lawyer can work to minimize the impact of the charges on the youth’s education, advocating against expulsion or exploring alternative schooling arrangements.

5. Addressing Underlying Issues

Often, school-related crimes stem from underlying issues, such as bullying, peer pressure, or mental health challenges. Rehabilitation and support services can address these root causes and demonstrate the youth’s commitment to change.

Preventing Future Incidents

1. Know the Rules: Familiarize yourself with school policies and the consequences of breaking them.

2. Avoid Peer Pressure: Make choices that align with your values, even in challenging social situations.

3. Seek Help: If facing bullying, stress, or other challenges, speak to a trusted adult, counselor, or teacher.

   
   

Steps to Take if Accused

1. Remain Calm: Avoid escalating the situation or making incriminating statements.

2. Cooperate Respectfully: While cooperating with authorities, avoid discussing details without a lawyer present.

3. Notify a Guardian: Inform a parent or guardian as soon as possible.

4. Contact a Lawyer: A lawyer experienced in youth criminal justice can guide you through the process, ensuring your rights are protected.

   
   

Conclusion

Criminal charges on school grounds can have far-reaching consequences for youth, affecting their education, future opportunities, and reputation. However, the Canadian justice system, particularly under the YCJA, recognizes the importance of rehabilitation and second chances for young people.

If you or someone you know is facing charges, consult an experienced youth criminal defence lawyer to navigate the legal process and work toward a positive resolution.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.