Does the police have an obligation to inform the youth of the presence of a parent in the midst of taking a statement from the youth?
British Columbia, Canada
The following excerpt is from R. v. K. et al, 2004 BCPC 210 (CanLII):
In R v. D.D.T. (2004) ABPC 66, the issue concerned whether the police, in the midst of taking a statement from a youth, have an obligation to advise him or her of the presence of a parent at the police station such that the youth can decide whether or not to have that parent present. There, a parent had arrived and was demanding to see the youth, but the police refused to interrupt the statement that was underway. It was decided that the failure of the police to inform the youth of the parent's presence prior to the obtaining of a statement from him, and the failure to provide the youth with a reasonable opportunity to consult with the parent both breached s. 146 of the YCJA. Thus, the youth's waiver was found to be ineffective and his statement inadmissible.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the police have an obligation to ensure that the arrested youth has access to counsel prior to giving a statement? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
What is the difference between giving false information to the police and giving no information? (British Columbia, Canada)
Does a payor/spouse have an ongoing obligation to inform the custodial parent of significant changes in income that would affect the appropriate level of child support? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
Is a parent's reason for relocating to another parent's home relevant if that parent’s reason for moving is improper? (British Columbia, Canada)
Is an unidentified police informer acting as an agent of the police when she entered the premises of two accused? (British Columbia, Canada)
Is a statement made by a young offender to his aunt in the presence of a police officer in their home in violation of s. 146 of the Young Offenders’ Charter of Justice? (British Columbia, Canada)
Does the adjudicator have any obligation or obligation to disclose medical history to police officers? (British Columbia, Canada)
What is an obligation of a dismissed employee to mitigate the losses arising from her dismissal by taking the steps that a reasonable and prudent person would take to find employment? (British Columbia, Canada)
