Can Police Question My Child Without a Parent?
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The short answer
Police can question a young person without a parent present, but only if they follow strict rules first. They must explain the young person's rights in language the young person understands, and give them a real opportunity to speak to a lawyer and a parent before saying anything. If police skip these steps, the statement may not be usable in court. These protections exist because the law recognizes that young people are more vulnerable during police questioning than adults. This guide explains the rules and what parents can do. See our youth criminal justice page for an overview.
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What police must tell a young person
Before taking a statement from a young person who is arrested, detained or suspected of an offence, police must explain the following in language the young person understands (s. 146):
- The right to silence: They do not have to say anything.
- Use of statements: Anything they say can be used as evidence against them.
- The right to consult: They can speak to a lawyer and a parent, or another appropriate adult, before giving a statement.
- The right to have someone present: Any statement must be made in front of that person, unless the young person chooses otherwise.
Any statement must also be voluntary, which means it cannot be the result of threats, promises or pressure.
The right to a lawyer
A young person has the right to a lawyer without delay at any stage of the case, and the arresting officer must tell them so (s. 25). If Legal Aid is not available, the court can direct that a lawyer be appointed for the young person. A lawyer can advise the young person privately before any interview and explain what is likely to happen next.
Notice to parents
When a young person is arrested and held in custody, police must notify a parent as soon as possible (s. 26). The notice must explain where the young person is being held and why. If no parent is available, police can notify an adult relative or another suitable adult who knows the young person.
Waiving the right
A young person can give up the right to speak to a lawyer or a parent first. However, the waiver must be recorded on video or audio, or be in writing and signed by the young person (s. 146(4)). The young person must also understand what they are giving up.
For example, a 14-year-old who simply nods when asked "do you want to talk to us?" has not given a proper recorded waiver.
Spontaneous statements
Most of these protections do not cover things a young person blurts out on the spot, before police have had a reasonable chance to explain their rights (s. 146(3)). Those statements must still be voluntary, and the circumstances in which they were made can still be examined in court.
What happens if the rules are not followed
If police did not follow the rules in s. 146, the statement will generally not be admissible against the young person. The Crown must prove that the statement was voluntary and that the required steps were taken. At trial, the judge holds a hearing, often called a voir dire, to decide whether the statement can be used. Excluding a key statement can significantly weaken the Crown's case.
Questioning at school and at home
Police sometimes speak to young people at school or at home rather than at a police station. The same rules apply whenever the young person is arrested, detained or suspected of an offence. A casual conversation can quickly turn into questioning of a suspect, so parents should ask early whether their child is being treated as a witness or as a suspect.
What parents can do
- Teach the basics: Tell your child they can stay silent and ask for a lawyer.
- Wait for advice: Do not ask your child for a full account before they speak to a lawyer, because parents can be required to testify about what they were told.
- Ask questions: If police call, ask whether your child is under arrest or being questioned as a suspect.
- Call early: Contact a lawyer before your child attends any interview.
Possible outcomes
No finding of guilt
Statement excludedThe court keeps the statement out of evidence.
If the rules were not followed, the judge may exclude the statement.
TrialThe court hears evidence and decides guilt.
If the statement is admitted, the case continues on the remaining issues.
If the young person is arrested and held, the next step is usually a youth bail hearing.
Why young people need extra protection
Young people are more likely than adults to feel pressure to answer questions, to agree with suggestions from a person in authority, or to say what they think police want to hear. They may also misunderstand their rights, even when the words are read to them. For these reasons, the YCJA requires police to explain rights in a way that suits the young person's age and understanding, and courts look carefully at whether the young person truly understood what they were told.
Young people with learning or language needs
A young person with a learning disability, a developmental condition or limited English may need extra care before any questioning. Police should take these needs into account when explaining rights. If they did not, that can be an important issue when deciding whether a statement can be used.
How we can help
We can speak to your child before any police interview and challenge any statement taken without the proper steps. Call (647) 223-1980 for a free consultation.
Frequently asked questions
Can police question a minor without a parent?
They can, if the young person properly waives the right to have a parent present and the waiver is recorded. The young person must first be told that they can have a parent and a lawyer there.
What if police did not explain my child's rights?
The statement may be excluded at trial, which can weaken or end the Crown's case.
Do the rules apply at school?
They apply whenever police question a young person who is arrested, detained or suspected. Questioning by school staff can raise separate issues. See charged with assault at school.
Can my child refuse to answer?
A young person has the right to stay silent, the same as an adult.
Can I sit in on my child's interview?
Your child can ask to have you present, unless they choose otherwise. However, it is usually wiser for your child to speak to a lawyer before any interview.
What if my child already gave a statement?
Speak to a lawyer right away. Whether the statement can be used depends on how it was obtained and what your child was told.
Does my child have to go to the police station if asked?
If your child is not under arrest, they generally do not have to attend a voluntary interview. Speak to a lawyer before agreeing to any interview, even if police describe it as informal.