Youth and the Police

What to do if you are being questioned by the police:
Ask if you are free to go and why you are being questioned. If you are being searched, ask why. State that you want to speak to your lawyer. Make the telephone call right then if you have a cellphone. The Justice for Children and Youth GTA number is 416-920-1633.

What to do if you are being searched by the police: 
Police can only legally search you:

•  if you consent 
• OR they have a warrant 
• OR they are investigating your for a crime they suspect you did and it is for safety reasons 
• OR they are arresting you for a crime and they are searching for evidence linked to the crime.

If the police begin to search you or your belonging without reasons DO NOT RESIST. Say that you do not consent to the search. Remember that the police checking your name on their computer or getting you to empty your pockets is a search.

Under 18? Questioned or Arrested by Police? Here is a Step-by-Step

1. You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you. 
2. Ask why you are being arrested. You have a right to know. 
3. Before the police can charge you, they must consider the following alternatives. They can:
• Let you go.
• Give you a warning
• Caution you (and even your parents) on the spot or at the police station
• If there are grounds for a charge, and if you agree, refer you to a community program. 
4. If the officer does not mention these alternatives, politely ask about the alternatives. 
5. You have the right to call a lawyer AND a parent or adult that you trust. The police must give you the phone number for a lawyer. You get as many calls as you need. 
6. Get advice from a lawyer before you say anything to the police. You have a right to have a lawyer with you if you decided to say anything. 
7. The police can't carry out threats or promises to make you say or write anything. 

Resources:
24 hour Legal Aid Lawyers 1-800-268-8326
Justice for Children and Youth 
416-920-1633 (inside GTA)
1-866-999-5329

Leaving Home Part III: Social Assistance

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer.

Today's final intallment answers some questions about available social assistance for youth living on their own.
 
-----------------

Can I get Ontario Works (“OW”, “welfare” or “social assistance”) to live on my own?
If you are under 16 years of age, you are not entitled to receive social assistance as a single person. However, if you are living with an adult, such as a friend’s parent, they can ask to have the Child’s Tax Benefit and Ontario Child Benefit paid to them to help support you. They can also ask the Ontario Works office for help to support you.

If you are 16 or 17 years old, you can apply for social assistance from Ontario Works (OW) under special circumstances.

You might have to show the OW worker that your parents will not let you live at home, or that it is harmful for you to live there. The OW worker must be sure that your parents cannot or will not support you financially. You can ask your OW worker to not contact your parents if there are safety reasons, e.g. if your parents have physically abused you or threatened you with harm. You might also need to provide confirmation of your circumstances, such as a letter from a guidance counselor.

OW will need to know who you are living with and whether they are financially supporting you. This may affect your eligibility. You may also have to participate in family counseling (exception: if your parents have abused you).

You will have to attend school full time or be in an approved training program, unless you have a serious medical or psychological problem that makes this impossible. Anytime you miss school or the training program, you must have a justified reason for doing so or your OW will end. If you are suspended or expelled from school you may be cut off from social assistance.

If you believe that the reason you were suspended or expelled was not fair, you should appeal the decision. You can call Justice for Children and Youth to find out how to appeal the decision.

If you are 16 or 17 years old and have a child, you can receive OW. You may be required to participate in a program approved by OW to help you complete high school, develop job skills and/or develop your parenting skills.

What does Ontario Works pay for?
OW payments are for shelter, food, clothing and other basic needs. When you move into a new place OW can also help you cover extra items, such as last months rent, furniture and moving costs. If you need prescription drugs, OW will also pay for those except for a small dispensing fee (which some drug stores will not make you pay). If you live in a hostel or youth shelter, you can apply for a personal needs allowance only.

Do I have a Right to apply for OW?
You have the right to apply for benefits even if you are told that you may not be eligible. If you are turned down, you should ask for the decision in writing so you can ask for a review of the decision by someone else in the OW office. If they turn you down again you can appeal the decision to the Social Benefits Tribunal. Your request for a review or an appeal must be in writing. There are short deadlines for reviews and appeals so make sure you act on it as soon as possible. For further information on Social Assistance, visit the website for Community Legal Education Ontario at: www.cleo.on.ca/english/pub/onpub/online.htm

For advice or help with a review and/or an appeal, contact your local community legal clinic or Justice for Children and Youth.
---------

For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:
Leaving Home

---------------

RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at http://www.oacas.org/

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit http://www.211toronto.ca/
Outside GTA, check the local Blue Book or visit http://www.211ontario.ca/

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/

Legal Aid Ontario – http://www.lao.on.ca/
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.

Guest Blogger Arif Hussain: Jaywalking and the Law!

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome Arif Hussain, a third- year student at University of Toronto. His blog piece is on Jaywalking. JFCY has provided some additional information on Jaywalking at the end of Arif's peice below.

---------
 
Jaywalking is a major issue amongst teens and children, and often not seen as dangerous. This is because they don’t see themselves as doing anything wrong. Not only is jaywalking dangerous, you can be legally fined for jaywalking. But it’s more than just the legal precautions one should think about. You can lose your life simply by jaywalking.

Consider the following scenario:

Dinah was your average high school student. She had a very bright future ahead of her and always followed the rules. She loved the fast food café across from her school and for most lunches, she ate there with her friends.

Even though the traffic light was a few meters away, Dinah typically used the traffic light to cross safely and never jaywalked.

One day, Dinah took longer than she should have for lunch and realized that she would be late for class. When she saw there were no cars, she jaywalked. No one was there to stop her and no police officer was around ticketing her so Dinah jaywalked a few more times in different situations until she got into the habit of jaywalking even when she didn’t have to.

------------------

More information on Jaywalking from JFCY:

Dinah’s habit is against the law. Her activity could result in a ticket with a fine from the police, and could also cause her serious injury. By early January of this year, police had already handed out nearly 225 tickets to pedestrians for jaywalking.

Jaywalking is an offence under the Highway Traffic Act, R.S.O. 1990. Here is what the law says in more detail:

• No pedestrian shall cross the roadway except at the designated cross walk;
• You may cross at a designated cross walk when the light is green or if there is a “walk” signal;
• When the light is red, amber (yellow), or indicating “don’t walk”, no pedestrian should enter the roadway and cross
• If you lawfully enter the roadway, the pedestrian has the right of way over vehicles and may cross as quickly as is reasonably possible.

The City of Toronto provides pedestrians with the following advice:

• Be predictable. Do not make decisions that place you in the path of oncoming traffic
• Cross at traffic signals, crosswalks and stop signs on busy roads
• Look all ways before crossing. Never cross unless it is safe to do so
• Walk, don't run, across intersections. Only cross when you have enough time to make it to the other side
• At pedestrian crossovers push the button to activate the flashing yellow light and point to indicate your intention to cross
• Try to make eye contact with drivers before stepping off the curb. Just because you see the car, doesn’t mean the driver sees you
• Wait for vehicles to stop before crossing in front of them. Cars take longer than you think to stop
• Keep aware of traffic until you safely reach the other side

Safe Crossings!

Leaving Home Part II: You've decided to Leave Home...Now What?

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer.

Today's blog peice answers some questions about what happens after you have decided to leave home.
-------------

What can I take when I leave home?
You have a right to take all of your personal property with you whether you bought it yourself or it was given to you as a gift. This includes all of your identification such as health cards, birth certificates, and passport. These documents are very important and you and should take them with you. If your parents are refusing to let you take your own property you can contact the police or a lawyer for help. Sometimes a family member or friend can help pick up your property for you.

Can I go to school if I am not living at home?
Yes. The law requires you to attend school until you are 18 years old or have graduated from high school. If you are 16 years old and have withdrawn from parental control then you can attend school in the school board district where you live and you will have all the same rights as an 18 year old. If you are 16 years or older, and living on your own, you do not need a legal guardian to register for school.

The school will need proof of your new address and you may have to show some proof that you have withdrawn from parental control. For example, they may ask how you are supporting yourself. You should call Justice for Children and Youth if the school is refusing to enroll you.

Can I get a job when I leave home?
Yes, you may work and keep your own wages. However, you are required to be in school if you are less than 18 years old and have not graduated from high school. There are laws that limit the places and times of day that you can work. For example, you cannot work during school hours. Minimum wages can differ, depending on where you work, and whether it is full-time or part-time or summer work.

For questions about your employment rights you can:

• call the Employment Standards Information Centre of the Ministry of Labour at 416-326-7160 or 1-800-531-5551, or
• visit their website at http://www.labour.gov.on.ca/

Can I rent my own apartment?
Yes. It is against the law for a landlord to refuse to rent an apartment to you because you are 16 or 17 years old. It is also against the law to refuse to rent to you because you are on social assistance provided by Ontario Works (OW). If you are on OW, your worker will have the right to approve where you live. To find out more about your rights and responsibilities as a tenant, contact:

• your local community legal clinic,
• the Advocacy Centre for Tenants Ontario at 1-866-245-4182 (website: www.acto.ca), or
• Justice for Children and Youth.

---------
For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:

Leaving Home

---------------
RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).
Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at www.oacas.org

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit http://www.211toronto.ca/
Outside GTA, check the local Blue Book or visit http://www.211ontario.ca/
TO CONSULT A LAWYER:

Justice for Children and Youth:

415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/

Legal Aid Ontario – www.lao.on.ca
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.

Leaving Home Part I: When Can I decide Where I want to Live?

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer. Today's blog peice is about when a youth can decide to leave home.

When can I decide where I want to live?
In Ontario, at 16 years of age or older, you can generally decide where you want to live and you do not need a legal guardian.

You can live with someone else against the wish of your legal guardian, The person you choose to live with will not be charged with a criminal offence as long as they do not assist you in leaving home.

If you are under 16 years old, (or if you and your parents live in another province where the age for leaving home is 18 years), your parents can contact the police to have you returned home if you are living in a place that is not safe; in other words, a place where you are at risk of physical, emotional or sexual abuse. The Children’s Aid Society can also take you into care and place you away from home.

Can I apply to be “Emancipated” from my parents?
We do not have laws on “Emancipation” in Ontario. In some States in the U.S.A., there are emancipation laws which let someone 16 years and older apply to a court, to be free from the custody and control of their parents or guardians and to be responsible for their own support. This process does not exist in Ontario.

What if I am under 16 and can’t live at home?

If you are under 16 years of age, the local Children’s Aid Society (CAS) may be legally required to take you into their care if they believe that you are in need of protection. For example, if your parents kicked you out and you have no place to live, or you are being abused. They may place you with a relative, in a foster care home, or in a group home.

If you and your parents cannot get along, but you are not in need of protection, you may be able to get a Temporary Care Agreement with CAS. This means you can stay in a foster home or a group home for a while and then return home when things are better.

If you had to leave home and are staying with a person who CAS believes you are safe with, CAS may allow you to stay with that person.

What if I’m over 16 and can’t live at home? Do my parents have to support me?


If you are 16 years or older and you were forced to leave home, your parents may still have to support you. For example, you are entitled to support if you left home because you were kicked out without a very good reason, or if you were abused, or if your living situation at home is unsafe, unbearable or impossible.

Your parents must make sure that you have food, clothes and a place to live. Otherwise, they must provide enough money to get these necessities for you. The amount of support you will get is based on your parents’ income, not on what you need. In general, your parents must provide support until you are 18 years old or longer if you are enrolled in a full-time educational program.Your parents do not have to support you if you are 16 years or older and have left home of your own free will.

You can apply for a Legal Aid Certificate from Legal Aid Ontario to pay for a family lawyer to help you claim support from your parents.

In general, the Children’s Aid Society (CAS) will not be available to help you if you leave home after you turn 16. However, there are some situations in which CAS may help 16 and 17 year olds on a voluntary basis. You should call your local CAS to see if the situations apply to you.

For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:
Leaving Home

RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at www.oacas.org

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit www.211Toronto.ca
Outside GTA, check the local Blue Book or visit www.211Ontario.ca

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/
Legal Aid Ontario – www.lao.on.ca
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.

Our Public Legal Education Committee is looking for New Members!

The Public Legal Education (PLE) Committee for JFCY is looking for new members, especially high school students and law students. This committee brings youth and adults together to share ideas and create resources that provide education to young people about their legal rights and responsibilities. The committee is currently using social media (You Tube, Facebook, Blog, etc) to make legal education more accessible to youth.

The committee typically meets on Mondays at 5pm on a monthly basis. Please contact jfcyontario@gmail.com to join!

Youth and Your Rights: What if you can’t afford a lawyer?

If you can’t afford a lawyer, you can apply for a Legal Aid certificate before your court date by calling Legal Aid Ontario (416-598-0200) or by applying in person at the following locations:

Toronto
375 University Ave., #204 (south of Dundas)
416-598-0200
Mon – Fri: 8:00 – 3:30
Tues: 4:30-6:30 (by appt.)

Etobicoke
5415 Dundas St. W. (west of Kipling)
416-237-1216
Mon –Thurs: 8:30 – 3:30
Fri: 8:30 – noon

Scarborough (beside courthouse)
1921 Eglinton Ave. E. (west of Warden)
416-750-7172 Mon / Tues / Thurs / Fri: 8:30 – 3:30
Wed: 8:30 – 11:00

North York
45 Sheppard Ave. E., #106 (east of Yonge)
416-730-1588
Mon – Fri: 8:30 - 3:15

You can also make an application at the Legal Aid office at or near any of the Toronto youth courts.

When you make an application for Legal Aid you will be asked to produce information about your and/or your parents’ financial situation, to show that you qualify. Bring all of the following that apply to you and/or your parents:

• up-to-date bankbook;
• investment statements;
• 3 most recent pay stubs;
• proof of receipt of EI, ODSP or Worker’s Comp.;
• verification of monthly debt payments or proof of trusteeship if bankrupt;
• income tax return; and, 
• support payments.

If you don’t have the above information or don’t live with your parents, you can bring a letter from staff at a shelter, drop-in centre or other agency, stating that you have little or no money.

You have the right to a lawyer under the Youth Criminal Justice Act.

Youth and Your Rights: Right to a Lawyer!

It is your fundamental right, under the Youth Criminal Justice Act (YCJA) to have a lawyer should you come in contact with the law! What does this right mean?

If you are detained or arrested by the police, you have a right to call a lawyer. Police must give you the phone number for a lawyer. For this purpose, you are allowed as many calls as you need.

If you are formally charged with breaking the law, should always speak with a lawyer. It is your right to have a lawyer represent you in court.

Here are some contacts to help you find a lawyer:

Justice for Children and Youth:

416-920-1633 / 1-866-999-5329
Advice, referrals and legal representation for low-income youth under 18.

Lawyer Referral Service:

416-947-3330 / 1-800-268-8326
(free for youth under 18)
Referrals to lawyers in various areas of practice; 30 min free advice.

Legal Aid Ontario:

416-598-0200 / 1-800-668-8258
www.lao.on.ca

What if you can’t afford a lawyer? See this post for more information!

Guest Blogger Tracy: Shoplifting Part II - Civil Recovery Demand Letters

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome back Tracy Chen, a third-year Ryerson Journalism student. The following scenario continues on from the previous blog post. Today's post explains what happens after Clara is caught shoplifting and is sent Civil Recover Demand Letters from the store.

---

Days after Clara is caught shoplifting, Wal-Mart sends her a Civil Recovery Demand Letter.

These letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency, called "Civil Recovery" claiming the costs of detecting shoplifters in their stores. The letters sometimes suggest that if you don't pay by a certain date the amounts will increase.  

These letters are not a court order. You can choose the pay the amount or not. If you do not pay, the store can start a lawsuit. It has been JFCY's experience that it is rare for the lawyer or company to follow up with a court action if someone refuses to pay.

So, Clara can ignore the letter. In most cases of shoplifting the store has not lost money once items are recovered.

If the letter is addressed to the parent, the parent does not have to pay either. Parents are only legally responsible for harm caused by their children if the parents are negligent in the way they supervised them or directed their children to cause harm.  

A Civil Recovery Demand Letter will often refer to the Parental Responsibility Act as the basis for the store's claim against the parent. This Act only states that a parent might have to prove they were not negligent. This does not mean that the parent is always legally responsible for their child's actions. It is unlikely that a court would find parents negligent for allowing their teenage to go shopping at a mall. 

---

For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!


To watch this informative video on the topic click here: http://jfcy1.blogspot.com/2011/09/video-civil-recovery-demand-letters.html

Guest Blogger Tracy: On Shoplifting

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome Tracy who writes to us with a scenario involving shoplifting.

---
Clara, 15 is caught shoplifting at Wal-Mart for a pair of sneakers. Upon leaving the store, she is caught by security officers when the alarm goes off. They take the sneakers and make a telephone call to the police. Before the police have arrived, the security officers try to make Clara sign a document before she leaves the store. They threaten her and tell her she will be charged by the police if she does not sign the document? What are her rights?

1. Some store security guards may have you sign a document before allowing you to leave the store. Clara does not have to sign the document. If she does not sign the document, she does not have to make the payment claimed.
2. It is not legal for someone to threaten to have you charged by the police if you do not sign a document or agree to pay them money.
3. It is not legal for someone, other than a police officer, to refuse to let you leave if you do not sign the document.
4. The security guard may keep Clara at the store until the police arrive.
5. If Clara tries to run away, it is legal for someone to use reasonable force to arrest or detain Clara if they have caught her shoplifting and she tries to run away.

---

For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!

Greetings from your new JFCY Blogger!

I hope the school year is off to a great start!

My name is Akosua Matthews and I’m also starting a new school year again - this time as a first year law student at the University of Toronto.

I’ve recently started volunteering at Justice For Children and Youth (JCFY) and will be at JCFY for the rest of the academic year. How did I hear about Justice For Children and Youth and what will I be doing at JCFY?

Well, I was fortunate enough to be placed at Justice for Children and Youth through another great organization called Pro Bono Students Canada (PBSC).

PBSC is a national student organization that engages law students in volunteer legal work across Canada. PBSC is a very popular organization and draws approximately 2,000 law students from across Canada to get involved and volunteer their time. It gives law students a chance to develop our legal skills and provide some assistance to various organisations.

At JFCY, I will be responsible for updating the Facebook Page and the JFCY blog to engage youth (you!) with the legal issues that affect your lives. I will also be assisting with the Public Legal Education (PLE) committee which brings together youth and adults from various backgrounds to create communications (YouTube videos, pamphlets, newsletters, facebook, blogs, etc…) to inform young people of their legal rights.

Youth can get involved with JCFY by volunteering for the PLE Committee. The PLE committee meets 1-2 times per month on a weekday evening at the JFCY office (415 Yonge Street, Suite 1203). Food and subway tokens are provided. To get involved, contact JFCY at 416-920-1633 and ask for Dre Luey.

In the meantime, I would love to receive input on general legal issues affecting youth that JCFY could provide some information on. Feel free to comment below and post general topics to help us generate ides. Of course, any issues of a personal matter, particular to your situation, you should feel free to contact JFCY directly to speak to a lawyer. We cannot provide legal advice over the internet.

I look forward to hearing your input and perhaps seeing you in person should you decide to volunteer with our PLE Committee. Stay tuned for more regular posts on our Facebook Page and JCFY Blog!

Happy Thanksgiving and enjoy the long weekend!

CALLING ALL YOUTH! Join our Public Legal Education Committee.

The Public Legal Education (PLE) Committee brings together youth and adults from various backgrounds to create communications (YouYube videos, pamphlets, newsletters, facebook, blogs, etc…) for young people to inform them of their legal rights. This Committee formed in June 2010 and meets 1 - 2 times per month on a weekday evening at the JFCY office. Food and subway tokens are provided.
For info call JFCY at 416.920.1633 and ask for Dre Luey.

BACK TO SCHOOL!!!!

JFCY wishes all Ontario students a happy first day of school.

Here are some quick legal facts about school in Ontario:

1) You are eligible to attend public school starting at age 4
2) You MUST attend school from ages 6-18, or until you graduate high school (unless you have a valid legal excuse)
3) If you skips school regularly, you could be charged with truancy
4) You have the right to attend school even if you are not a Canadian citizen or permanent resident. However, in some situations your parents may have to pay a fee.
5) You have a right to see your Ontario Student Record at any age
6) If you are legally required to attend school and you are working at a job (other than co-op) during school hours, your employer could be fined.

For more information, or to talk about your specific situation, please call JFCY at 416.920.1633 or 1.866.999.5329.

JOIN US! Upcoming PLE Committee Meeting – Monday August 30 at 6pm

The Public Legal Education (PLE) Committee is meeting at the JFCY offices on Monday August 30 at 6pm. WE ARE ALWAYS LOOKING FOR NEW MEMBERS (especially high school students and law students). This committee brings youth and adults together to share ideas and create resources that provide education to young people about their legal rights and responsibilities.

At the August 30 meeting we will be discussing our upcoming newsletter, this blog, our Facebook page and the videos that we recently created.

For more information, please call JFCY and ask to speak with with Andrea Luey (Dre), or just show up at the meeting!

EXTRAJUDICIAL MEASURES (DIVERSION): KEEPING YOUNG PEOPLE OUT OF COURT

The Youth Criminal Justice Act says it is better to deal with less serious offences outside the court system. Extrajudicial measures include all consequences imposed by someone other than a judge.

• The police can give warnings, cautions, or referrals to a community program.
• When the police think those measures are not adequate, an extrajudicial sanction can be used.
• Your lawyer can advocate for extrajudicial measures or sanctions for you.
• Police and Crown attorneys make decisions about extrajudicial measures and sanctions. Judges and justices of the peace may call a pre-trial conference to try to resolve the issues.
• Crown attorneys can refer young people to extrajudicial sanctions programs before or after the young person has been charged.
• Young people and parents should ask the police, Crown attorney or a lawyer about extrajudicial measures and extrajudicial sanctions programs.

To find these programs:
In Toronto, call 211
Throughout Ontario go to www.211Ontario.ca (the connection to community-based services for youth)
JFCY:(416) 920-1633(in GTA) or 1-866-999-5329 (outside GTA)

WHO CAN SEE YOUR YOUTH RECORD

• You- Anytime
• Your parents - during your case and sentence
• Police and court - if you are charges with another offence before your record is destroyed
• Government employers - for security checks
• Sometimes your record may be given to people in charge of supervising you or for safety purposes. Examples are school officials and youth workers.

If you think someone wants to see your record illegally, contact a lawyer right away.

---

Youth Court Records: Includes charges, assessments, pre-sentencing reports, convictions, and sentences.
Police records: May include any arrests, suspected criminal activity, convictions, fingerprints, photographs, 911 calls, interviews, witness and victim reports. The police can check these records any time.

---

This area of law is complicated. If you have any questions consult a lawyer. Who to Contact: Lawyer referral service: 1-800-268-8326 Justice for Children & Youth:(416) 920-1633 (GTA)or1-866-999-5329 www.jfcy.org

UNDER 18? QUESTIONED OR ARRESTED BY POLICE?

1.You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you.
2. Ask why you are being arrested. You have a right to know.
3.Before the police can charge you, they must consider the following alternatives: They can

• A. Let you go.
• B. Give you a warning.
• C. Caution you (and even your parents) on the spot or at the police station
• D. If there are grounds for a charge, and if you agree, refer you to a community program.

4.If the police officer does not mention these alternatives, politely ask about the alternatives.

Who to Contact: 24 hour Legal Aid Lawyers 1-800-268-8326, or (police must give you this #) (416) 947-3330 Justice for Children & Youth (416)920-1633; 1-866-999-5329 (outside GTA)

EXPULSIONS

Your school Code of Conduct and the Education Act tell what conduct (for example selling drugs, assault, or having a weapon) can result in an expulsion. Expulsions are recorded in your Ontario Student Record – if you change schools, they will know what happened.

Who decides? What can happen? The principal will suspend you while investigating and must make a report with recommendations. The school board makes the decision after a hearing. It can decide not to expel or to expel from one school or all its schools. If you are expelled from all it's schools, you cannot return to school until you have successfully completed a program for expelled students.
If you broke the rules, do they have to expel you? No, your principal has to consider many factors before deciding to ask for an expulsion hearing, such as whether you have a disability, your history at the school, and whether your staying at school would create a risk for others.
What if the expulsion is unfair? You (or your parents if you are under 18) can appeal to the Child and Family Services Review Board, but you must act quickly. You should get a lawyer as soon as possible. If you believe your expulsion is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.
JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org

SUSPENSIONS

Your school's Code of Conduct and the Education Act tell you what conduct can result in a suspension. Suspensions are recorded in your Ontario Student Record – if you change schools they will know what happened.
How long can I be suspended for? · Suspensions can last from up to 20 school days. If it is more than 5 days, you must be offered a program. If it is 5 days or less, the school must give you a homework package.
Do I have to be suspended if I broke the rules? No, your principal or school board must consider many things before deciding, including: · whether your behaviour was the result of a disability · your age · whether your behaviour was because you were harassed
What if my suspension is unfair? · You can ask for a review or appeal your suspension. You (or your parents if you are under 18) must do this quickly. · You should contact a lawyer as soon as possible (if you cannot afford a lawyer or your parents refuse to help, call one of the numbers below). · If your suspension is over by the time the review or appeal is done and they say that you should not have been suspended, if will be removed from your Ontario Student Record. · If you believe your suspension is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.

JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org

WHEN ARE YOUTH RECORDS DESTROYED?

A youth record does not automatically disappear when you turn 18; It depends on the type of offence and the sentence.

Absolute Discharge: 1 yr after being found guilty
Conditional Discharge: 3 yrs after being found guilty
Summary Offences: 3 yrs after finishing sentence
Indictable Offences: 5 yrs after finishing sentence
Murder, Attempted Murder, Aggravated Sexual Assault: Maybe Never

-After this period, your record will be destroyed unless you have committed another offence in the meantime. In which case, the time will start running again based on the new offence.
- If you get an adult conviction during this period, your youth record is never destroyed.
- If you get extrajudicial sanctions, the record of your participation in the program is destroyed after 2 years.
- If you are unsure about your record, call a lawyer

Justice for Children and Youth
toll-free:1-866-999-5329
GTA: 416-920-1633