No charges after RCMP investigation into holds, seclusion at Whitehorse's Jack Hulland school

RCMPsay no criminal charges will be laid after an investigation into the alleged use of holds and isolation spaces at Whitehorse's Jack Hulland Elementary School.

The decision was made based "on the entirety of the evidence that was collected," police said in a news release on Wednesday afternoon.

The criminal investigation began in November 2021 when police became aware ofallegations that students had been placed in holds and in isolation spacesat the school. Police said at the time that the goal would be "primarily to ensure student safety and to conduct a criminal investigation into these matters."

Two years later, in September 2023, RCMPsaid they had completed their investigation. Theysaid officers with the detachment's general investigation section hadspoken with 190 people and reviewed more than 600 reports obtained from the school, the education department, and parents and caregivers since November2021.

On Wednesday, police said they had updated the school community about the conclusion of the investigationwith a letter sent through the school.They also said VictimServices hadbeen updated"in order to continue to offer supports," and investigating officers had updated people involved.

The news release says police will not comment further, "due to other ongoing judicial processes."

Last year, the Yukon Supreme Courtgave the green light to a class-actionlawsuit by students and parents atJack Hulland who allege that a number of students at the school weresubject to holds, restraints and seclusionbetween January 1, 2007 and June 30, 2022. The Yukon Department of Education is named as thedefendant.None of thoseallegations have been proven in court.

James Tucker, one of the lawyers representing the plaintiffs, said in a textto CBC News on Wednesday afternoon that he was not surprised by the outcome of the police investigation, and that there was a difference between criminal prosecution and civil liability.

He added that his legal team still intends to"vigorously" pursue the class action "regardless of the decision to not prosecute."

One of the parents who helped launch thelawsuit said in a separate statement on Wednesday that the RCMP "did an important public service by investigating the allegations, listening to witnesses, and collecting important evidence," and that the decision to not lay criminal charges, "is not a determination that the incidents did not happen, or that the incidents did not meet the threshold for civil liability."

CBC News is not naming the parenttoprotect her child's identity.

"The goal of the class action lawsuit was never to have school staff criminally charged.Rather, the goal is to bring the mistreatment of Jack Hulland students into the light, and create systemic change in the approach to discipline employed by the school," the parent wrote.

"That change has already begun, and will hopefully continue as the case unfolds."