Consequences for Skipping School and Dropping Out

Walter is currently 15 years old and is just finishing up Grade 10, his second year of high school. He dreams to become a chef one day, and so he currently holds a part-time position working after school at Yummy Patties; a local burger joint where he flips burgers and makes some much needed cash. He finds his job very rewarding because he works with some great people, has a very understanding manager, and sees this opportunity as a building block in his aspiration to own a restaurant in the future.

When it comes to his academics, Walter is not doing so well. He dislikes the subjects he is currently taking because he does not find the courses applicable to his daily life. He enjoys the independence that comes with working part-time; he does not need to ask his parents for an allowance and he feels “all grown up” because people are much older than he is at his workplace.

After much deliberation, Walter decides that he wants to drop out of high school because he sees no benefit in staying in school. To him, a full-time job at Yummy Patties is more realistic as it will give him the motivation to move up the hierarchy of the corporation.

Is it legal for Walter to drop out of school at his current age? What are the repercussions?    

There is a statute in Ontario, called the Education Act, which covers all issues related to education.  According to s.21 (1) of the Education Act (below) everyone over the age of six must attend school until they graduate or reach age 18:

Section 21(1) Unless excused under this section,

(a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and

(b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years

Walter is under 15 years old and he can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school, see section 30 (5) of the Education Act below:

Section 30 (5): A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section.

Walter’s parents can be charged too.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200. See section 30 (1) of the Education Act below:

Section 30 (1): A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200

Not only that Walter's employer Yummy Patties could also be charged for employing Walter during school hours. He could be asked to pay a fine for up to $200. See section 30(3) of the Education Act below:
Section 30(3): Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is sixteen years or older, guilty of an offence and on conviction is liable to a fine of not more than $200.

In 2006, Ontario introduced Bill 52, "The Learning to Age 18 Act", an act to amend the Education Act, which stated that changed the laws related to penalties for being out of school so that they applied to youth until the age of eighteen. However, while this bill was successfully passed in the Legislature it has not been made law.

If this is something that Walter really wants to do and he waits until he is 16 or 17 before he drops out of school, then he is technically breaking the law however, at this age neither Walter, his employer or his parents will be charged with an offence. 

This blog scenario was written by Georjo Tabucan. The legal content of this blog post was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY through her law schools Pro Bono Students Canada program. All legal content was reviewed by a JFCY staff lawyer.

Selling drugs at school

Scenario

Alexa is 17 years old and she lives with her mother as well as her little brother who is 3 years old. Her mother has been struggling financially ever since her husband left her and her two kids. Alexa is stressed out about her current living situation; she has tried to find a job to help out her mother with bill payments.  Unfortunately, she has not been able to keep a job due to some issues she is having with depression and anxiety.

Alexa has turned to other means of making money. Alexa began hanging out with a new crowd of friends and these friends have had some negative influences on her. At their suggestion, Alexa started dealing and selling around her neighborhood, as well as at school. Her ‘new friends’ have convinced her that selling drugs is a quicker and easier way for her to make money for her family.

If Alexa is selling drugs at school, what kind of trouble could she get into with school?

The Law: School Suspensions and Expulsions

If Alexa is dealing and selling drugs at school, she will face a mandatory suspension. According to a provincial law called the Education Act, selling drugs at school is such an incident where Alexa’s principal shall suspend her. Suspension from school can be anywhere from one school day to 20 school days. During this time, Alexa will not be able to attend class or participate in any school-related activities, such as field trips or sports games. If her suspension is for five days or more, she must attend a suspended students program.  If suspension occurs, her principal will follow up with a written notice of suspension stating why she is being and for how long the suspension will last, information about the right to appeal and whether they are considering expulsion.

Importantly,her principal may also have to notify the police about Alexa’s behavior.

Expulsion is a possible and more serious repercussion of selling drugs at school. If Alexa is suspended for 20 days, then her principal must consider whether to seek an expulsion.  In doing this, he or she will conduct an investigation for expulsion following the mandatory suspension. Until investigation, Alexa will be suspended for 20 days and she will be referred to a suspended students program which she will have to attend during investigation. Following the investigation if the Principal is recommending an expulsion then an expulsion hearing will occur where a committee of school board trustees will make the final decision about whether or not to expel her. At the expulsion hearing, the committee will hear from both the principal and the student, as well as any witnesses that either the principal or the student call.  The principal will likely have a lawyer and the student also has the right to have a lawyer present at the hearing.

The school board is required to take into account any special circumstances Alexa may have when determining whether she should be expelled, such as her disciplinary history at school, her academic and attendance record and whether she has a disability that contributed to the misconduct.

Expulsion means that Alexa can not attend school or any school-related activities.

There are two types of expulsions: She may be expelled only from the school she was attending or she may be expelled from all schools in her school board district. If she is expelled from her school only then she will be placed at a different school.  If she is expelled from all schools in the board then she will be assigned to an expelled students program, which she must complete before returning to a different school.

This expulsion will be recorded in Alexa’s Ontario Student Record and other schools will have access to this information. Some consequences of an expulsion include falling behind in classes, not earning her expected credits, being viewed differently by her teachers and peers and not graduate on time with her classmates. 

For more information on school suspensions, see: http://jfcy.org/PDFs/Suspensionseptember2012.pdf

For more information on school expulsions, see:

http://jfcy.org/PDFs/ExpulsionSeptember2012.pdf

If you are a young person attending a publicly-funded school in Ontario and you are facing a suspension or expulsion, you can call JFCY at 416.920.1633 or 1.866.999.5329 to speak with a lawyer.

The scenario for this post was written by Deqa Abdi, a JFCY volunteer on the PLE Team.  The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

The ABCs of Dropping Out of School

Image from:  http://www.chilliwack.com/main/page.cfm?id=2110

Scenario

As this summer reaches a close and the last baseball bats are swung, the final soccer tournaments are played, and homework-free weekends come to an end, we can almost hear the morning bell calling us in for another year of school. I’m sure we’ve all experienced that familiar dread of pop quizzes, boring classes, and endless homework. But even as the back-to-school signs and chillier weather tell us to start sharpening our pencils, maybe not all of us are anticipating a return to the classroom.

Perhaps, instead, you’re thinking about joining the workforce or taking some time off. However, while the stresses of school can definitely be overwhelming, it is important to consider the potential consequences of dropping out before you decide to leave school for good, including how it will impact your chances of getting a job in the future.

Deciding to leave school is definitely a complex decision that may be influenced by variety of factors. Before you decide to the leave the classroom for good, make sure to consider the potential legal consequences of your decision.

The Law: When can you drop out of school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six to attend school until they graduate or reach age 18.  This doesn’t just mean registering in school – it means actually going, every single day that school is in session!

What if you are sick? Or you have a religious holiday? Or your parents have decided to home school you?  Are you breaking the law?  The answer is no.  You can be excused from attendance at school for any of those reasons, and you are also excused from attendance at school if you are suspended or expelled.

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor will contact the parent or guardian of a student who is not in school.

If you are under age 16, you can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school! 

Your parents can be charged too.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200.

These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. (In other words, the new law has been written but the government has not yet made the changes valid.)

So, the bottom line: If you are under age 16 and you “drop out”, both you and your parent(s) can be charged.  If you are 16 or 17 and drop out, then you are technically breaking the law but at this point nether you nor your parents will be charged with an offence.

To learn more about mandatory school attendance, see sections 25, 26, 30, and 31 of the Education Act.

This scenario was written by PLE Team volunteer Rachel Kattapuram.  Legal info by Leora Jackson and JFCY.

Skipping school: consequences?

It was a warm Friday afternoon in June, and all of the students at St. Charles elementary school headed to the playground for their second recess of the day.

"Ah, it's so nice outside," exclaimed Tom, an eighth-grader at the school. He and his friend, David, were the first ones out the door.

"Too bad we're stuck at school." David responded. "It would be a perfect day to go to the Water Park at Sunny Side Bay."

Photo from Ontario Place website:  http://www.ontarioplace.com/waterpark 

 
Tom turned to David with an excited look on his face. "Hey, what if we just took the day off from school? We can go on all the water slides we want! What do you say?"

"Take the day off...you mean...skip school?" David asked.

"Yea, it would be amazing!" Tom responded. "We'd have an early start to the weekend. Besides, I don't think our teacher would even mind. It's the second last Friday before school ends. She knows that none of us really want to be here."

David looked uncertain. He was worried about the consequences of skipping school. After pausing for a few seconds, he finally spoke, "Okay, fine let's do it. I really hope we don't get in serious trouble for this."

"We won't," Tom remarked. "Everything will be just fine, trust me."

The two boys quickly hopped the fence that surrounded their school yard. They headed towards a bus stop at the end of the street.

What are the legal consequences for skipping school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six to attend school until they graduate or reach age 18.  This doesn’t just mean registering in school – it means actually going, every single day that school is in session!

What if you are sick? Or you have a religious holiday? Or your parents have decided to home school you?  Are you breaking the law?  The answer is no.  You can be excused from attendance at school for any of those reasons, and you are also excused from attendance at school if you are suspended or expelled.

But aside from exceptions like these, you are required to go to school every day.  If David and Tom don’t go to school, they are breaking the law in Ontario.  The school attendance counselor will contact their parents or guardians to let them know that David and Tom weren’t at school that day.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200.

David will probably not receive a very serious punishment for skipping school one time.  His parents will find out, and he might receive a consequence from them at home or feel that they trust him less.  His school will probably give him a consequence, too, like a detention.  However, if David skips school on a regular basis, the consequences will become more serious – he could even be charged with an offence under the Provincial Offences Act.

To learn more about mandatory school attendance, see sections 25, 26, 30, and 31 of the Education Act.

The scenario was written by JFCY PLE Team volunteer Stefan Venier. Legal info was written by Leora Jackson, a U of T law student and JFCY volunteer.  Reviewed by JFCY. 

New Bullying Law

The Ontario government has passed the Accepting Schools Act, a new bullying law that aims to better protect students from bullying in publicly funded schools.

One important part of the law is that now all schools must allow students to form Gay-Straight-Alliances (GSAs), groups that are geared towards fighting homophobia and trans-phobia in schools as well as supporting students who may be dealing with issues of coming out and other challenges and triumphs related to their sexual and/or gender identity.

JFCY is pleased with this new law.  All students have the right to feel safe and supported in school.

To read Bill 13 click here.

On a related note, last week JFCY participated in the LGBTQ Youth Suicide Prevention Summit, a two day conference geared towards developing a strategy to address the high numbers of suicidality among queer and trans youth..  The value and importance of GSAs was part of these discussions.  For more info,  click here.

For more on GSAs click here!

The Right to Attend School

Want to learn more about the rights of young people to attend school?  Check out our pamphlet here.

Comic by PLE Team volunteer Diana Rozo.

School Fights: What can the consequences be?

Josh, 15, and Dave, 16, have never gotten along. No one knows exactly when their animosity towards one another began, but in Grade 11, everything got out of control. It started a couple months ago when Josh started dating Dave’s ex-girlfriend, Sam. Dave and his friends at school would taunt and tease Josh in the hallways and in the locker rooms where teachers weren’t around. Then, Dave spread rumours around the school that Josh had been cheating on Sam in order to get them to break up. Josh had had enough at that point, but he did not want to go to any teachers because he thought it would would just lead to more taunting and teasing by Dave and his friends. So, he decided to fight Dave. He figured if he won that fight, Dave and the other students would leave him alone. Dave agreed to fight and it was decided that the next day, Friday, at 4pm in the school parking lot, they would settle their dispute physically.

Fights on campus can lead to serious consequences at school.

By the time of the fight, the entire school had heard about it and a huge crowd had gathered to watch. Josh and Dave were at the centre of the crowd. In a split second, Dave punched Josh right in the face, leaving Josh on the pavement, bleeding. Moments after, the crowd began to flee. Teachers at the school saw the group of students outside and came out to see what was going on. The sight of teachers scared all the spectators away. Josh’s nose was bleeding, but the bleeding stopped quickly and he wasn’t hurt too badly. Both boys live with their parents, who were called to pick them up.

Dave and Josh’s fight happened on school property.  What kind of consequences could the boys face at school?

Some of the most serious consequences that a student can face for behaviour at school are suspensions and expulsions.  If a student is suspended, that means he or she can’t come to school for the time period of the suspension, which can be up to 20 days.  A suspension is also recorded in a student’s Ontario Student Record, so that even if someone transfers schools, the new school may know what happened.  Expulsions prevent students from attending school for at least four weeks, and it may mean that they cannot go to their own schools again afterwards.  In both suspensions and expulsions, students can’t participate in school-related activities, like sports team practices or clubs.

School Suspensions

Because Dave punched Josh in the face and bullied him before the fight, the principal will consider suspending Dave.  If Josh made threats to Dave before the fight about seriously hurting him, the principal may consider suspending Josh, too.  This is a situation where is a suspension is possible, but not required.  The law requires principals to suspend students in certain situations that happen at school or school-related activities; for example, when you physically hurt another person so that the other person needs medical attention.  Situations for mandatory suspensions are set out in Ontario’s Education Act, and school boards can also set guidelines for when suspensions are required in their board’s Code of Conduct.  Mandatory suspensions also have the potential to lead to an expulsion, so they can be very serious.

Mitigating Circumstances

When deciding whether to suspend Dave, the principal will have to consider “mitigating circumstances.”  These are reasons that the school might not suspend Dave even though he punched Josh and teased him.  Mitigating circumstances include issues like whether Dave was able to control his behaviour, whether he understood what would probably happen because of his behaviour, and whether his being at school would pose a risk to Josh’s or anyone else’s safety.  Other things can be considered too, like whether Dave has a disability or if he has had any problems at school in the past. 


Fairness

The school must act fairly towards Dave.  They must accommodate any disabilities he has, they must tell him what they are suspending him for, and they must give him a chance to tell his side of the story.  Since Dave is 16 and lives with his parents, they must also contact his parents to tell them about the suspension.  They must inform Dave and his parents of the suspension in writing, explaining why he is suspended and for how long, and telling him which suspended students program he has been assigned to (if he is suspended for more than 5 days).  They must also provide information about the right to appeal his suspension and who to contact with his appeal notice.  Once the suspension is over, Dave can begin to attend school again.

Appealing a Suspension

If Dave is suspended, he might feel that his punishment is unfair.  In this case, his parents can appeal the suspension by notifying the supervisory officer (usually a Superintendent) named in his suspension notice of their intent to appeal.  They must do this within ten school days of the start of the suspension.  A suspension appeal must then be held within 15 days after the supervisory officer receives the written notice.

Appeal Hearing

At the suspension appeal, school board trustees will listen to evidence from both Dave and the principal.  Dave and his parents have rights at the hearing.  These include being represented by a lawyer, calling witnesses, presenting Dave’s side of the story, cross-examining witnesses (this means asking questions of the witnesses called by the principal), and explaining mitigating circumstances.  The trustees will then decide whether to uphold, change, or end the suspension.  If the suspension is ended, Dave can go back to school immediately.  Even if the suspension ended before the appeal was held, this is still an important decision because it will be removed from Dave’s record if the board ends it at the appeal.

Although nobody was hurt badly in Dave and Josh's fight, a more serious fight might have led to an expulsion, or to criminal charges.  For more information, see JFCY’s pamphlets:

JFCY guide to suspension

JFCY guide to expulsion

JFCY youth guide to court

 Scenario written by JFCY volunteer and PLE team member Cemone Morlese.  Legal info by JFCY.

Bullying in the news: consequences and responses

The description of the news article below and the "Afterthought" are the opinions of  Deby Ko, a volunteer member of JFCY's PLE Team and JFCY's bullying sub-committee.  The information about the proposed Ontario legislation is by JFCY.

Bullying in the News - By JFCY volunteer Deby Ko

Current news indicates how severe bullying can be and how bullying can lead to terrifying results.  In Fall 2011, the Toronto Sun reported that Mitchell Wilson committed suicide. Mitchell was 11-years-old and he had muscular dystrophy, a disease which weakens muscles over time.  Mitchell was heavily bullied. 

Mitchell’s challenges began when a 12-year-old mugged him.  When his attacker was arrested, his friends started following Mitchell home and bullying him on why he was bringing the young offender to court.

With the taunts and bullying, Mitchell no longer did the same amount of exercise he had in the past.  soem could argue that this made his illness develop faster, so that he had to use a wheelchair all of the time.  His mental state was also extremely vulnerable. The Sun described the changes in Mitchell’s mental state: “Mitchell stopped sleeping and began suffering anxiety attacks. He told his family he’d rather kill himself than go back to school where he was being bullied.”

Despite being counseled and assigned a protector at school, Mitchell no longer was the same person he used to be. He had ongoing stresses because of his illness and because his court date against his attacker was approaching.  Before his first day of grade 6, Mitchell ended his life.

For more information on the article please visit:

http://www.torontosun.com/2011/09/22/boy-bullied-to-death-dad-says

Afterthought - by JFCY volunteer Deby Ko

It’s terrifying how physical attacks followed by verbal attacks can lead to such traumatic results. Despite being counseled by his school and accompanied by a protector, Mitchell could no longer act the way he used to. Sometimes people think that kids need to face bullying on their own, but it is important for kids who have been bullied to talk with someone about the situation.  This can help to relieve some anxiety. People you can turn to may be friends, family, teachers or other people that you trust.  If you don’t want to turn to others, you can try writing your feelings on a blog or diary entry, either to help other people who are going through the same thing as you online or just to relieve some anxiety you may have. Joining extracurricular activities can also help you confront your fears when you have more friends by your side listening to any problems you may have.

If you have bullied someone, you have to know that what you have done can have a lasting effect on someone and that there may be long-lasting consequences for you, too.

School bullying and the law - by JFCY

Every province in Canada has the power to make laws about education in that province.  In Ontario, the Education Act applies to public and separate (Catholic) schools.  This year, the Ontario government introduced a bill to change the Education Act.  A bill is a proposed law that must be debated by government and voted on.  If a majority of the elected representatives to a province’s legislature vote for a bill, then it becomes law.  The bill that the Ontario government is proposing is supposed to help address bullying in school.  The goal of the law would be to help make sure that students feel safe in school, because all students deserve to feel safe and included.  Feeling safe at school is also important to being able to succeed in school.  The introduction to the bill, which is called a preamble, talks specifically about making schools more inclusive for LGBTTIQ (lesbian, gay, bisexual, transgendered, transsexual, two-spirited, intersexed, queer and questioning) people, because a lot of bullying in school is based on someone's perceived sexual identity.  Another important part of the bill is that it recognizes that both people who bully and people who are bullied need to be supported in making good choices and developing healthy relationships.

So what will the bill do if passed?

The bill defines bullying.  Legal definitions are important because people depend on them when they are trying to understand what is included in a law.  For example, one part of the bill says that school boards must consider expelling a student who has previously been suspended for bullying.  Whether or not a student’s behaviour is classified as bullying according to the definition in the law could make a difference to what consequences the student faces for his or her actions.

The bill also makes school boards and schools responsible for working to prevent bullying. For example, schools have to include rules to help prevent bullying in their codes of conduct.  School boards will be required to have guidelines and policies on a wide range of topics relating to bullying and other forms of inappropriate behaviour.  Some examples of the guidelines and policies that are required include which consequences should be considered for students who engage in inappropriate behaviour, what strategies can be used to prevent bullying, and what training relating to bullying should be provided to teachers and staff at a school.  

Finally, the bill also proclaims Bullying Awareness and Prevention Week as the third week in November, and it requires school boards to support students who want to lead activities or organizations that “promote gender equity, anti-racism, the awareness and understanding of, and respect for, people with disabilities or the awareness and understanding of, and respect for, people of all sexual orientations and gender identities.” 

Check out the bill here.

See the current Education Act. 

Bullying Resources

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

• Kids Help Phone at 1 800 668 6868 or on www.kidshelpphone.ca
• LGBT Youth line at 1.800.268.9688 or on www.youthline.ca

If you want to find out more about bullying and how you can help raise awareness and prevent bullying, you can look at some of these websites:

• Web Aware on www.bewebaware.ca
• Canadian Safe Schools Network on www.canadiansafeschools.com
• http://www.definetheline.ca/
• www.bullying.org
• www.wiredsafety.org
• www.stopcyberbullying.org

There is a list of books and other resources on blocking and dealing with cyber-bullying as well as other forms of bullying on this website: http://www.cheo.on.ca/En/bullying

Here at JFCY, the cyber-bullying sub-committee wants to know all about your thoughts on this post. Please let us know if this post is helpful and/or informative and what you would like to see in future posts. Post your comments, questions, requests and ideas as they are extremely valuable to us and will help us better understand what to write about in our next post.  Our comments are moderated, so if you do not want your comment published to the blog, just say so when you submit it. Or you could email us at jfcyontario@gmail.com.

Skipping School and Smoking Pot

Scenario

Fourteen year-old Rachel had never really thought about skipping class before. She knew her friends skipped once in a while, but she had never done so herself. Then, one fall day, during lunch hour, Emily and Mike asked Rachel if she wanted to skip the next period, get something to eat, and hang out until the next bell rang. Rachel wasn’t too keen on the idea, but it was November of grade nine and she was still trying to make friends. Rachel agreed and off the three went.

Emily and Mike led Rachel behind the school parking lot, and sat down behind a wall that blocked them from being seen. Rachel was a little confused but went along with it. Mike then pulled out a joint from his pocket. Rachel had never tried marijuana, but she was curious, and she didn’t feel comfortable saying no. The three students smoked the joint in the back parking lot.

Mr. Smith just pulling his car into his parking space in the school lot when he noticed the three students from his science class walking out from behind the wall. He noticed that they smelt of marijuana and he also knew they were supposed to be in class. Mr. Smith immediately took the three students to the principal’s office.

Rachel couldn’t help but feel shocked by the situation that she had gotten herself into. She wasn’t sure what the implications of her actions would be – she knew that she had used the marijuana, but could say with honestly that it wasn’t hers to begin with. Rachel was worried and unsure of the consequences she was about to face…

The Law: Was Rachel allowed to skip school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six attend school until they graduate or reach age 18.  There are some exceptions to this rule.  For example, if a student is sick or it is a religious holiday, absences are excused.  

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor at Rachel’s school will contact Rachel’s parent or guardian to let them know that she skipped class.

If you are interested in learning more about mandatory attendance in the Education Act, you can check it out online. Sections 21 and 26 contain the rules mentioned in this blog post, and Sections 30 and 31 discuss the consequences of being absent from school regularly without a legally valid excuse.  If you are under age 16, you can actually be charged with a provincial offence and made to attend court for skipping or "being habitually absent" from school! These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. 

The Law: What about smoking marijuana?

The Controlled Drugs and Substances Act is the federal law that deals with drugs. Cannabis (marijuana) is a schedule II drug under the Act.  It carries criminal consequences for youth who are found guilty of possession, trafficking, exportation and/or production. There are no age parameters with regards to illegal drug use – anyone found with cannabis will be in violation of the Controlled Drugs and Substances Act and may charged and must attend court.  Rachel and her friends could be charged with possession of a controlled substance.

Youth who are under age 18 when alleged to have been charged with committing a criminal offence are dealt with under a separate legal system from adults.  This system, and the various rights that youth are entitled to, is outlined in the Youth Criminal Justice Act.  For more info on youth charges, check out JFCY’s Know Your Rights pamphlet.


Scenario by PLE Team volunteer Claire Bogomolny; Legal Info by PLE Team Lead Leora Jackson (a UofT law student from PBSC) and JFCY lawyer

The Legal Rules of Youth and Work

Starting your first job?

Did you know there are laws about young people in the workforce? 

Consider these scenarios

Mandeep is 14 years old and just started a summer job working at a construction project lifting supplies.

Jillian, age 15 decides to start a part time job which requires her to work during school hours. She starts the job immediately, without letting anyone know.

Marcel, 17 is super excited to for all the tips he will make by serving at a local bar which is licensed to serve alcohol.

Are they all allowed to be employed at these jobs?

MANDEEP:

According to Construction Projects Regulation under the Occupational Health and Safety Act, John cannot be employed at a construction project or be present in such a workplace while work is being performed. This is because the law says you must be at least 16 years old to work in these types of jobs. 

JILLIAN:

Jillian's employment during school hours violates the Education Act and Supervised Alternative Learning and Other Excusals from Attendance at School Regulation. These laws say that, "A child required to attend school cannot be employed during school hours. After directing an inquiry into the matter, the Provincial School Attendance Counsellor may excuse a child from attendance for various motives, including if he/she has obtained a secondary school graduation diploma or has completed a course of equivalent standing."

Parents and guardians who neglect or refuse to cause a young person to attend school can be charged and made to attend court. This does not apply if the young person is 16 or over and has withdrawn from parental control (ie left home). Thinking of skipping school to work?  You need to know that if you are under age 16 and you skip school regularly YOU can be charged with an offence and brought to court.  And your employer can also be charged if they employ you during work hours when you are under age 16. These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. 


So, our advice: go to school during the day and work in the evenings and on the weekends!

MARCEL:

Marcel cannot be employed at a bar serving alcohol, as he is under 18. The Liquor Licence Act and Licence to Sell Liquor Regulation states that people under age 18 cannot be employed to sell or serve liquor on licensed premises. Note, however, that with few exceptions young people are not legally allowed to consume alcohol until they are age 19. So they can serve it when they are 18 but not drink it. Weird?

For the keeners who want to read more,

Ontario Ministry of Labour website:

 (http://www.labour.gov.on.ca/english/hs/pubs/yw/yw_tips_employers.php)

Feeling even more keen, check out the Education Act:  http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e02_e.htm#BK27 (especially sections 21(1), (2), 24, 30(3)

Blog post written by volunteer PLE Team Member Julia Dmitrieva and JFCY staff lawyer, with help from JFCY law student Jesse Gutman. 

Julia and fellow PLE Team Member at the JFCY office...not during school hours!