Fake ID and the Law: Video

Ever wondered about the potential legal consequences for getting caught with fake or borrowed ID?

Check out this video produced by the PLE Team.  Click here to watch the video!

Learn about the law around fake IDs in Ontario.  Watch these three teens as they learn about the possible consequences for getting caught with fake or borrowed ID.

A big thanks goes out to the YouTube Subcommittee of the JFCY PLE Team (Arif, Bilal, Christine, Lucas, Terence, Tracy, Brendan, and Andrea) for writing, planning, acting, filming and editing this video!







Click here to watch the video!

Having Fun on Halloween

- Scenario by Lindsey Erickson and Ouran Li, Legal Information by JFCY


At fifteen years old, Jamie and her friends all agreed they were much too old to be trick-or-treating. This was the first year that they would have a real “grown-up” Halloween: co-ed, costumes, and, of course, alcohol. The group decided that they should definitely throw a party, but since Halloween fell on a weekday, it proved problematic finding a place to throw it. Their entire families would be home and they did not want to risk the consequences of getting caught by their parents, most of whom did not approve of underage drinking.

“We’ll just wing it,” declared Jamie’s best friend Amanda. “My big brother is going to get us a couple of mickies - we’ll find someplace to go.”

Jamie was nervous about the idea, but, not wanting to ruin the fun, she decided she would meet up with her friends on Halloween night.

After putting the finishing touches on her costume, Jamie received a text from Amanda saying that the party was going to be in the park across the school. The group knew that police officers frequented the park, but they were confident the wooded area directly behind would be safe. The signs around the park, however, made it quite clear that it was closed after 11pm. Once again Jamie simply shrugged it off, and headed on over.  It was after midnight by this point.

When Jamie arrived at 12:15am, she saw that the party was less than subtle. Many people were already quite intoxicated. Jamie’s friend Amanda was dancing on the park bench, dangerously close to teetering over.

Jamie had barely a sip of alcohol before she heard sirens. The majority of the party scrambled, rushing off into every direction. The next thing she knew a flashlight was in her face, and a stern voice asking what she was doing. The police had arrived.

What are the potential legal consequences for Jamie?

Underage drinking

Since Jamie and Amanda are both under 19, ss.30(8) of the Liquor Licence Act makes it illegal for them to have or consume alcohol.  While there are certain exceptions to this prohibition, drinking in the park on Halloween isn’t one of them!

Breaking curfew

One problem that Jamie and Amanda face is that they were out in a public place after midnight.  The Child and Family Services Act says that parents of children under sixteen cannot permit their children to be without an authorized adult in public places between midnight and six am.

Municipal bylaws

In addition to breaking Ontario laws, Jamie and Amanda could be breaking municipal bylaws of the town/city where they live.  Bylaws are the laws that are created by a city or a town.  For example, the City of Toronto has a whole chapter in its bylaws about the proper use of public parks.  One of the rules says that consuming, serving, or selling alcohol in a public park is not allowed without a licence from the Liquor Licence Board of Ontario.  Another one says that no one is allowed to gather in a public park after midnight and before 5:30 am without a special permit.  These are rules that apply to everyone, regardless of their age.

Curfew comic by PLE Team member Arif Hussain

Lindsey Erickson is a Paralegal Student at Seneca College, and Ouran Li is studying to be a Law Clerk at Seneca College.  They are volunteer members of the PLE Team at JFCY.

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!

Parents supplying alcohol to minors

Scenario by PLE Team volunteer Jenny Li, Legal Info by JFCY

As Anthony walks around the crowded house checking out the scene, he hears the music pounding in his ears and the bodies dancing around him.

The contents of his cup slosh around as he navigates the house looking for the six-pack Jackson brought.

Stumbling happily into the kitchen, Anthony bumps into Mr. and Mrs. Johnson handing out jell-o shots to several of his already tipsy friends. “I want in!” shouts Anthony.

Downing the chaser, he becomes aware of shouting coming from the basement.

What is it? What’s wrong?

Someone runs into the kitchen followed by a stampede of other bodies and voices, all shouting, “Cops! Cops! They’re at the door!!”

Anthony stares up in a wild panic. “Hide! We need to go! Basement? Where??” In the panic, everyone looks towards Mr. and Mrs. Johnson, the parents who were present at the party, looking for some sort of direction.

Suddenly, there is knocking at front door along with a faint sound of sirens – perhaps the neighbours called the cops! “What do we do?” 

About the Law:

In this scenario, parents are hosting a party for their children and their children’s friends. The law says people under age 19 are not allowed to have, drink or purchase alcohol.  There is an exception in that parents are permitted to give alcohol to their underage children at home under parental supervision.

However the above situation is more complicated because there are friends of the children present. It is not clear whether the parents of those friends were aware this would happen and whether they consented to their children being given alcohol. This could get legally complicated…

Furthermore, if anyone was to get into an accident or become otherwise injured as a result of alcohol consumed at this party, the parents could be held legally responsible.  Finally, the Children’s Aid Society may have some concerns about children who are supplied alcohol by their parents.

Jenny Li was the first youth member of the PLE Team, which is now comprised of many dedicated youth. Jenny recently began her studies at Harvard.

Concerts, Drug Use and Underage Drinking

Blogpost by JFCY volunteer Lucas Treleaven, law student Daniel Lo and JFCY lawyers.


Fred is 17 and loves music. He goes to all his favourite bands concerts and owns all their T-shirts. One night he decided to go to a Blink 182 concert alone because his friends don’t really like Blink 182. He was having a great time and as you do at concerts he made some friends. These new friends were much older than he was and seemed a lot cooler too. They talked about their favourite Blink 182 songs and how it was so awesome that Blink 182 came to Toronto. About half-way through the set Fred's  new friends brought out what looked like a cigarette. Fred quickly learnt it was not a cigarette. They told it was called a “joint” and contained marijuana. They offered him a 'hit' and even though he had never used drugs before he accepted the ‘hit’ because he wanted these people to keep talking to him. Throughout the night they gave him beer and more joints until he was so drunk and high that he passed out. His new-found friends left the concert early to avoid the paramedics while another concert-goer called the security guards. 

Fred was sent to the hospital and his parents showed up at 1 am to get him. 

What are Fred’s legal issues?

Alcohol

An Ontario law called the Liquor License Act says that people under age 19 are not allowed to have, drink or purchase alcohol (Liquor License Act, S. 30(8)). It is also illegal for someone to provide alcohol to people under age 19.  However, there is an exception in that parents are permitted to give alcohol to their own under-age children at home under parental supervision, without them or the kids being charged.  That is the only situation where it would be legal for someone to supply alcohol to a minor and legal for the minor to consume alcohol. Fred and his new “friends” may be charged under the Liquor Licence Act and be made to appear in Provincial Offences Court.

Cannabis/Marijuana/Pot

The Controlled Drugs and Substances Act is the federal law that deals with drugs. Cannabis (aka. Marijuana) is a schedule II drug, and carries criminal consequences for youth who are found guilty of possession, trafficking, exportation and/or production. There is 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.  Fred and his “friends” could be charged with possession of a controlled substance. 

Youth who are under age 18 when alleged to have committed 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, see this pamphlet.

If you are young person in Ontario and you need a lawyer to represent you, call Legal Aid Ontario: (416)598-0200, 1-800-668-8258 (outside GTA), or Justice for Children and Youth (416) 920-1633, 1-866-999-5329 (outside GTA)

For More Info on Youth and Drugs:

According to recent survey conducted by the Centre for Addiction and Mental Health (CAMH), the two most common drug substances that Ontario students (grade 7 – 12) use are alcohol and cannabis (Ontario Student Drug Use and Health Survey, 2009). Fred’s scenario is not uncommon and is a recurring issue that teens deal with on daily basis.