Trespassing, Disturbing or Interrupting School
Topic: Trespassing, Disturbing or Interrupting School
Issue Date: 29/01/2020
Effective Date: 29/01/2020
Review Year: 2005
- Any individual who disturbs or interrupts school proceedings or who loiters or trespasses in a school or on board property is guilty of an offence and liable to a fine of no more than $1000, (Education Act Sections 256 and 258). Charges may also be laid under the Criminal Code of Canada for causing a disturbance or a lesser charge may be laid for trespassing under the Petty Trespass Act.
- Any incident which results in police being called, charges being laid, or action by Division staff to apprehend or remove a trespasser, shall be reported to the Superintendent of Schools.
- PROCEDURES IN THE EVENT OF TRESPASS
- Persons who enter the grounds or buildings of a school or other Division facility at any time without permission or reasonable purpose may be considered trespassers.
- Trespassers shall first be warned that they are trespassing on Division property, and then asked to leave.
- The police should be called to remove a trespasser:
- when a trespasser who has been warned refuses to leave a school building, or
- when a trespasser who has left the school after having been warned returns to the school.
- While the law permits board staff to apprehend a trespasser (Petty Trespass Act), or to use "no more force than is necessary" to prevent a trespass or remove a trespasser from Division property (Criminal Code Section 41), such action should be taken only in the most extreme circumstances.
Criminal Code of Canada - Section 41Petty Trespass Act - July 1, 2009Education Act Section 33(1)(d)
(please see Sections 256 and 258)