Underage Drinking in a Public Park

Scenario:

John, 16, was bored on a Sunday so he decided to call his best friend Sam, 17, to hang out. They decided to make their Sunday a little bit more adventurous. They went to a bar and asked for a drink but of course, the bartender asked for ID and they ended up getting kicked out.

Sam decided to go home, take his father’s bottle of alcohol, go to a park and drink it there with John.

http://commons.wikimedia.org/wiki/File:Oak_park_bench.jpg

While they were drinking, a cop was passing by. The cop noticed something suspicious so he decided to check it out. As the cop was approaching, Sam and John attempted to hide their alcohol because they knew they could get in a lot of trouble.

Officer: “Hello, I was just passing by and saw that you were drinking something covered in a paper bag. May I ask what that was?”

Sam: “Nothing, officer
”

Officer: “How old are you two?”

Sam: “17”


John: “16”


Officer: “Can I please see the bottle you two were drinking out of?”

John, being extremely scared, blurted out, “Sorry officer, we were drinking alcohol, but we are sorry,” and immediately handed the officer the opened bottle of alcohol.

What legal issues do John and Sam face?

Underage Drinking:

According to ss.30(8) of the Liquor LicenseAct, it is illegal for a person under the age of 19 to have, consume, attempt to purchase or otherwise obtain alcohol. As both John and Sam are under the legal drinking age of 19, they are breaking the law. 

There are very few exceptions to the underage drinking prohibition: Section ss.30 (9) of the Liquor License Act, says that it is legal for a person aged 18 to be in possession of liquor during the course of their employment, where it is authorized. Also, under s. 30(13) it is not illegal for kids under age 19 to be in possession of alcohol IF their parents supply the alcohol to them at home. Clearly these exceptions do not apply to John and Sam in this situation.

The police officer could charge John and Sam under the Liquor License Act and they will be made to appear in Ontario Provincial Offences Court.

Public Drinking:

According to ss.31 (2) of the Liquor License Act, no person shall have or consume liquor in any place other than: a residence, premises with a liquor license or permit, or a private place.  Sam and John could be charged under this section too and be made to attend Provincial Offences Court.

Municipal By-laws:

In addition to breaking Ontario provincial laws, John and Sam may be in violation of bylaws of their municipality. Bylaws are laws created by a city or a town that all residents, regardless of age, must follow.  

For example, chapter 608-8 of the Toronto Municipal Code of Parks says that while in a park, no person shall consume, serve or sell alcoholic beverages unless in designated areas, authorized by permit, and with the approval of the Liquor Licence Board of Ontario. None of those exceptions exist in this situation for Sam and John. Additionally, chapter 608-9 of the Toronto Municipal Code says that unless authorized by permit, no person shall use, enter or gather in a park between the hours of 12:01 a.m. and 5:30 a.m.  John and Sam could be given a ticket by a police officer or municipal offences officer for violating these laws.

The scenario for this post was written by Diana Rozo 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.

G2 License Rules

Scenario

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Naomi (age 17) is very excited that she has just recently passed her G2 driver’s test! Although she was grateful that she had had the opportunity to drive as much as possible with her G1, she thinks it is liberating to finally be able to drive on her own without her Mom or Dad in the passenger’s seat.

Without having her parents in the car, Naomi will finally be able to have the independence to drive to school, to the mall, and to the parties her friends throw every weekend, as long as she is back by the curfew her parents have established for her. Although having her G2 will allow Naomi to have some freedom, she is confused about the restrictions that seem to be in place regarding those who hold a G2 license.

One Friday, Naomi is at a house party her friend Kelly is hosting. Naomi arrives at 10:30 pm and everyone is drinking alcohol. Naomi decides to have one beer. [Please see the JFCY blog for issues related to alcohol. Please also read the newsletter that discusses houseparties. Underage drinking is illegal in Canada, and the age for legally drinking alcohol in Ontario is 19.] 

Just after midnight, Naomi decides she needs to leave to make it home in time for her 12:30 curfew. She decides to drive her friends Laura and James home, who live only a couple streets away from her. As she is driving home, she accidentally drives through a stop sign she hadn’t seen while going 35 kilometres over the speed limit. Much to her dismay, a police car had spotted Naomi’s driving offences and pulls her over.

Naomi is terrified. She has never been stopped by the police, and is afraid that on top of her traffic violations she has also violated the restrictions placed on her G2 license.

Legal Information on G2 licenses:

The legal information deals with the G2 License rules in Ontario. (There are also possible criminal charges but they will not be addressed in this post.)

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Alcohol consumption

While driving with a G2 license, a driver of any age is not allowed to consume any alcohol before driving.  Also, all drivers under the age of 21 (regardless of whether they have their full license) are not allowed to consume alcohol before driving.

The penalties for driving with alcohol in your system when under 21 or with a G2 can range from $60 to $500 upon conviction, along with a suspension of up to 30 days for a first offence. As well, there can be a 24 hour road side suspension of a license even before a conviction.

To learn more on drinking and driving under the G2 license. Click here.

Passengers

Naomi may also be violating the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If Naomi has had her G2 license for less than six months and is aged 19 and under, she cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Since Naomi has violated the rules around passenger numbers she will be subject to a suspension as outlined in the Novice Driver Escalating Sanction Scheme. (see below)

How do you get convicted for a G2-type offence?

    

G2-type offences are NOT criminal offences.  They are “provincial offences”. If someone is caught committing a G2-type offence they can be charged.  The charging process starts when a person (the defendant) is given a certificate of offence (kind of like a ticket) by a provincial offences officer, which can include a police officer and a municipal offences officer. The details for these proceedings can be found in the Provincial Offences Act. The authority for the application to G2 offences is found in the regulation under the act, Proceedings Commenced by a Certificate of Offence.

Where a provincial offences officer proceeds in this manner, he or she must serve the  certificate of offence on the defendant within 30 days of the alleged offence. The officer must then file the certificate of offence in the court office as soon as possible after service of the office notice or summons. It is open to the defendant to plead in one of three ways: not guilty, guilty “with representations”, or guilty.  If they plead guilty then they would pay the set fine, which is sometimes written onto the ticket. If the person does nothing within 15 days of service of the offence notice, then they are deemed not to dispute the charge and a conviction is registered.

The Novice Driver Sanction Scheme

As outlined on the OntarioMinistry of Transportation website,

Effective August 1, 2010, novice or hybrid drivers (drivers that hold a novice license and full license, e.g., G) will be subject to Novice Driver Escalating Sanctions. These sanctions will apply if, within a five year period, you:

• are convicted of violating any of the graduated licensing conditions;

The Novice Driver Escalating Sanctions are as follows:

• 30-day licence suspension for the first occurrence;
• 90-day licence suspension for the second occurrence; and
• Novice licence cancellation for the third occurrence. Upon a third occurrence, your novice driver’s licence will be cancelled and any time discount earned, time credited or fees paid would be forfeited. You must re-apply to the graduated licensing program by passing a vision and knowledge test and paying all licensing fees. After you pass these tests, you will enter Level One and get a Class G1 licence. You must serve all the Level One and Level Two waiting periods and start as a new driver. You would need to take a beginner driver education course to qualify for a time discount.

To read more on the G2 license restrictions, visit the Ontario Ministry of Transportation.

If you are a youth in Ontario and have legal questions about this issue, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Thanks to Inez Leutenegger, a PLE Team volunteer for writing this scenario for this post. Inez is currently a paralegal student. Legal information written by JFCY summer student Jeremy Ozier and JFCY volunteer Sarah Mehta Alexander. Legal information was reviewed by JFCY.

Trespassing: What is the law?

 Scenario by Qasim Syed, PLE Team Volunteer

Legal Info by JFCY

Jordan is 14 years old and has recently moved to a new school. He meets with a fellow peer in his class named James. James introduces himself to Jordan and invites him to tag along for lunch. James introduces Jordan to his friends who are a bit older.

The group discusses a prank they are attempting to pull. Jordan does not like the sound of the idea, but being new to the school, he would love the opportunity to make more friends and be the cool kid. The kids discuss that they will go to a factory and attempt to sneak in.

Later in the evening James and the group of kids go to the front of the factory. They see signs emphasizing the consequences of trespassing. Some of the signs are big and they say, “Trespassers will be prosecuted.” As the kids walk in Jordan becomes very nervous and contemplates leaving, however he doesn’t.

As the kids walk inside and observe the place they hear a security guard yelling and running towards them. When they look out the window they see two police cars. With nowhere to run or hide, Jordan wonders the consequences of trespassing. What will become of them? What will he tell his parents?  Will he be in trouble?

Trespassing:The Law in Ontario

Ontario has a law that makes trespassing illegal.  A trespasser is someone who is using land that doesn’t belong to them without permission of the person or people who are responsible for and who control that land.  Jordan and these youth are trespassing according to Ontario law, because posted signs make it clear that the factory shouldn’t be accessed without permission.

They could be charged by the police.  The offence is outlined in the Trespass to Property Act and is called “enter premise where entry prohibited”.  They could be given a ticket to pay a fine, or the officer could give them a “summons”, requiring the youth to attend court to deal with the charge.  If a youth under age 16 is given a summons, his/her parents will be notified of the charge by the police.  Either way (summons or ticket), the youth have the right to dispute the charge in court.  They should talk to a lawyer about their individual situation.

Since these youth are breaking provincial law, the section of the Provincial Offences Act that applies to people under 16 would apply if they were charged. (This is different from being charged with a criminal offence, where the Youth Criminal Justice Act applies to people under 18.)  

There are a number of differences between the treatment of adults who are charged with offences and young people who are charged with offences.  One is that young peoples' identities are protected from publication.  Another is a limit on punishments: even if the fine for a provincial offence is higher than $1000, the maximum person under 16 can be fined is $1000.