Criminal Allegations

Facing a criminal complaint—particularly one involving allegations of assault or sexual misconduct—is one of the most serious situations an NSTU member can experience. How you respond in the early stages is critical.

First Steps

If an allegation is made against you:

Contact the Nova Scotia Teachers Union immediately
Reach out to an Executive Staff Officer in Member Services as soon as possible. They will guide you through the appropriate steps, help protect your rights, and arrange access to legal counsel.

Do not take any action before speaking with legal counsel
Exercise your constitutional right to remain silent until you have received legal advice.

What You Must NOT Do

To protect your legal rights and your professional standing, avoid the following:

  1. Do not discuss or supply a written report on the matter with anyone other than legal counsel. This would include staff members and/or Board/Employer officials.

  2. Do not discuss the matter or give a written statement to police or child protection investigators until you have had the opportunity to discuss and receive advice from legal counsel.

  3. Do not attempt to resolve the matter personally.

  4. Do not make any contact with the accuser or his/her family.

  5. Do not talk to the media.

Why this matters:
There are very good reasons for each of these instructions. If a criminal charge results from the allegation, the member’s right of due process could well have been compromised because of an inadvertent comment made to someone. Anyone, except legal counsel retained on behalf of an accused person, can be called to testify in a trial in regard to anything said by an accused person.

Understanding Your Legal Rights

The right to consult with legal counsel before making a statement to the police or child-care worker is an absolute right in law. Members who have suffered such allegations have often been contacted by police authorities beyond school hours and in some cases in very unorthodox ways. Members are advised that there are a number of things you need NOT do by law.

  1. You need not go with the police upon request, unless you are arrested and if you are informed of the reasons for being arrested.

  2. You need not give a written or verbal statement, even if arrested.

  3. You need not give a written or verbal statement at any time unless advised by legal counsel.

  4. You need not talk to police at any time under any circumstances, other than give your name and address

  5. You need not sign a document of any kind unless it is appearance notice stating the date you are to be in court.

  1. You need not report to the police station to answer any questions unless accompanied by legal counsel.

  2. You need not allow police to enter your residence without a search warrant.

  3. You need not submit to a polygraph.

Employment Considerations

A serious allegation can have impact on employment status. The Employer may feel that it is necessary to remove a member from the work environment during the investigation process. In those situations, the NSTU will work with the Employer to protect the employment rights and the financial well being of members. Often, a member will be placed on a paid leave during the period of investigation.

Emotional Impact and Support

Being accused of a serious offence can be extremely stressful and emotionally overwhelming. It is natural to want to resolve the situation quickly—but it is essential to remain patient and follow proper legal guidance.

Support is available. NSTU Counselling Services can assist you and your family in coping with the emotional impact of the situation.

Final Note

These cases can take time to resolve, and each is treated with the utmost seriousness. The NSTU is committed to supporting members through every step of the process—legally, professionally, and personally.