Criminal law

At the Police Station

When do the police have to notify an adolescent’s parents?

If a police officer decides to refer the youth to extrajudicial sanctions, his parents must be informed.

In addition, the notification of parents is required in all instances where the offence committed will result in charges against the youth. In particular, the notice is mandatory in the following cases:

• When the situation warrants the detention of the youth while awaiting his appearance before the court. This might be the case for David. If the police decide to detain him until he is brought before the court for a hearing on his release, his parents will immediately be notified.
  
  
• When the police release the adolescent and give him a summons to appear before the court.

Can a youth insist that his parents not be informed about his conflict with the law?

No. The police have a duty to inform the adolescent’s parents that he has been arrested because he is accused of committing a crime. Therefore, even if David asks the police not to inform his parents about his arrest, the officers will notify them anyway.

The reason why the law requires that parents be notified is quite simple. First of all, the law encourages the parents of an adolescent in conflict with the criminal justice system to provide their child with support. In addition, the obligation to supervise and educate their children rests on the parents. Being informed of their child’s legal problems will help parents to do the following: ensure that his rights and interests are respected, help him get through this difficult experience, and encourage him to change his behavior.

What information is contained in the notice that must be given to parents when their child is arrested?

When a youth is arrested, the officer in charge of the police station advises the youth’s parents either by telephone or by sending them a written document by mail. Unless there is a good reason to delay sending the notification, it must be done immediately.

Whether verbal or written, the notification must:

• indicate the name of the adolescent;
  
  
• mention the fact that he has been arrested;
  
  
• explain the reasons for his arrest and the nature of the charge laid against him;
  
  
• if he is detained, specify the place of his detention;
  
  
• indicate the time, date, and exact place where the youth must appear in court;
  
  
• mention his right to access the services of a lawyer.

Do the police have to notify both of the youth’s parents?

It all depends on the age of the youth and the offence that he is accused of.

If a youth who is at least 14 years of age but less than 18 years of age is accused of violating a provincial or municipal regulation, the law requires that both parents be informed. This notice is given by mailing the parents a copy of the report filled out by the police. This document is commonly called a “ticket”.

Here are a few offences that fall under this category:

• failing to stop a car at a red light (provincial);
  
  
• being caught in a municipal park at night (municipal);
  
  
• in the case of a minor, being in a place where alcohol is served (municipal).

If the adolescent has not yet reached the age of 14, no ticket can be issued. The police may however notify the Director of Youth Protection (DYP), as well as the youth’s parents.

However, if an adolescent between the ages of 12 and 17 is accused of a criminal offence under a federal law (like the Criminal Code), it is sufficient for the police to notify either the mother or father. Since David will be charged with taking part in a riot, which is a criminal offence, the police may decide to contact only one of his parents.

Here are a few offences that fall under this category:

• drug trafficking;
  
  
• assault;
  
  
• shoplifting;
  
  
• sexual assault.

Since a child under 12 years of age who commits a criminal offence cannot be subjected to the legal process, the duty of the police will then be to inform a representative of the Director of Youth Protection. To learn more about children who break the law, see the Infosheet “The principles behind the Youth Criminal Justice Act"

What happens if neither of the adolescent’s parents can be contacted by the police?

It is possible that the adolescent does not live in the family residence, or that his parents are deceased or outside of the country. In this case, the law requires that the police notify the person(s) responsible for him rather than the biological parents of the youth.

If the youth’s parents are simply not available when the police attempt to contact them, they can then contact another adult (such as the adolescent’s 21-year-old sister, for example). However, it must be a person at least 18 years of age; if not, the notice will not have been given in accordance with the law.

Is the notice to parents still necessary when the youth is 14 or older?

Yes. When an adolescent commits a criminal offence, the fact that he is 14 or older does not change anything regarding the necessity to notify his parents. So, if the youth is at least 12 years old but less than 18, his parents must be informed of his arrest and detention.

However, for certain types of offences, the fact that the youth is under 14 can affect the requirement to notify the parents. For example, if the youth is arrested for having broken a Quebec law or regulation (a regulation on provincial parks, for example) and is under 14, he will not be charged. Because there is no possibility of legal proceedings, the police do not have the legal obligation to notify the parents in these instances. In practice, however, they will generally inform the Department of Youth Protection and the parents of the child’s bad behaviour.

What happens if the adolescent’s parents are not notified?

When the police fail to inform the parents, the court has the power to remedy (fix) the situation if it finds it necessary to do so. For example, at David’s court appearance, if the judge realizes that his parents were not notified, she can suspend the trial and order that the parents be notified. If it is determined that the parents’ presence at the hearing is necessary or simply in the best interests of the adolescent, the court can order them to be present. Disobeying such an order is considered contempt of court, and the person in breach can be imprisoned.

If David’s parents are present for the hearing in spite of a failure to notify them, it is obvious that they now know about the charges against their son. The notice is therefore not necessary in such a case, and the proceedings can continue.

1. Barreau du Québec
2. Texte de la loi