Monday, July 30, 2012
Teenage drinking and driving
Labels:
Age based laws,
alcohol consumption for novice drivers,
blood alcohol,
Deqa Abdi,
impaired driving,
Leora Jackson
Tuesday, July 17, 2012
Can young people get married?
Scenario:
Mark is a seventeen-year old high school student who has just finished grade 11. He loves soccer, playing the guitar and going to parties with his friends. He is the vice-president on his school’s student council and is a member of the swim team. He has been dating his boyfriend, Nathan, since the end of 10th grade and they are both thinking of getting married. They have a great relationship and Mark cannot see himself being with anyone else but Nathan.
Mark is a seventeen-year old high school student who has just finished grade 11. He loves soccer, playing the guitar and going to parties with his friends. He is the vice-president on his school’s student council and is a member of the swim team. He has been dating his boyfriend, Nathan, since the end of 10th grade and they are both thinking of getting married. They have a great relationship and Mark cannot see himself being with anyone else but Nathan.
Mark’s home life has been difficult lately, as his father
left the family several years ago and has not been in contact with them since
he has left. His mother has legal
custody. His mother has had to
work two jobs and spends most of her free time with her boyfriend, John. Mark’s
sister Kelly is away at university in Vancouver and he rarely sees her. Mark
feels as though Nathan is the only constant, loving person in his life and thinks that marriage would solidify the loving relationship he has with his
boyfriend.
Can Mark get married to his boyfriend Nathan? If he is able
to marry Nathan, what would their rights be as a same-sex marriage couple in
Canada?
Marriage and Age
Regardless of how old you are, marriage is a big commitment and whether to get married is an important decision.
In Ontario, the Marriage Act is the law that contains rules about who and how people can get married. It says that any person who is “of the age of majority” can get married – in Ontario, that means being 18 or older. People who are 16 or 17 can still get married, but they must have written permission from both of their parents. If a young person’s parents live apart, or there is only one living parent, then only the parent who has legal custody needs to give written permission. Having legal custody of a child means having the right to make important decisions for the child, about things like education and health care.
In Ontario, the Marriage Act is the law that contains rules about who and how people can get married. It says that any person who is “of the age of majority” can get married – in Ontario, that means being 18 or older. People who are 16 or 17 can still get married, but they must have written permission from both of their parents. If a young person’s parents live apart, or there is only one living parent, then only the parent who has legal custody needs to give written permission. Having legal custody of a child means having the right to make important decisions for the child, about things like education and health care.
If Mark and Nathan decided they wanted to get married, Mark
would have to get written permission from his mom. He would not need to ask his dad for permission, because
Mark’s mom has custody. If Mark’s
mom did not give her permission, Mark could apply to the court to see if a Judge will make an court order allowing him to get married even without his mom's permission.
Marriage and Sex/Gender
If Mark and Nathan wait until they are both 18, they can get
married without needing parental permission. In Canada, both same-sex and opposite sex couples can marry
each other. While the legal rights
that come with marriage are different depending on the province, all married
couples in a province – regardless of sex/gender – receive the same rights. Many of these rights are related to property. They have to do
with things like paying income tax, or splitting assets (property and money) if
a married couple divorces.
History of Same-Sex
Marriage in Canada
It hasn’t always been possible for two people who are the
same sex/gender to get married in Canada.
In 1999, the Supreme Court of Canada ruled that same-sex couples should
have the same financial and legal benefits that married couples should have –
but that didn’t mean that same-sex marriage itself was legal. At that time, marriages were only performed between a man and a woman in Canada.
But Canada has a law called the Charter of Rights andFreedoms, which is part of the Canadian Constitution. This means that the Charter takes
priority over other laws that are not in the Constitution, including laws about marriage. The Charter says that every person in Canada should receive
equal benefit and protection under the law – regardless of certain personal
characteristics (like sexual orientation).
In 2002, seven Ontario couples challenged the limits placed on
marriage in Ontario based on the Charter, and the court ruled that limiting
marriage to opposite-sex couples was a violation of the Charter. In 2003, Ontario’s Court of Appeal
confirmed that ruling. From that
point on, Ontario began allowing same-sex couples to marry. (In 2004, the laws about divorce were
also changed, so that same-sex married couples could get divorced.) Within a couple of years, court
challenges in most other provinces led to same-sex marriage in those provinces,
too. In 2005, the Canadian government
passed the Civil Marriage Act, which defined marriage as a legal union between
two people.
Scenario was written by PLE Team volunteer Inez Leutennger, who is a paralegal student. Legal info was written by JFCY volunteer Leora Jackson, a law student at U of T.
Newlyweds: these men got married during Toronto's 2012 Pride parade Photo from http://www.thestar.com/ajax/photoplayer/1220160--photos-pride-parade-in-toronto |
Scenario was written by PLE Team volunteer Inez Leutennger, who is a paralegal student. Legal info was written by JFCY volunteer Leora Jackson, a law student at U of T.
Labels:
Age of Majority,
Charter,
Charter of Rights and Freedoms,
GLBTQ,
Inez Leutenegger,
Leora Jackson,
LGBTQ,
marriage,
same-sex marriage,
young people getting married
Friday, July 13, 2012
Want to Volunteer at JFCY?
JFCY is accepting applications to volunteer on our committees. The next deadline is September 21, 2012.
**If you are interested, please fill out the Volunteer Application Form and Membership Application Form and send to Andrea at lueya@lao.on.ca.
We appreciate all interest in volunteering for JFCY. Unfortunately, there are limited spaces on our committees and we are not able to accept all applicants.
Here is a list of the different committees:
Public Legal Education Team: The group’s mandate is to create communications (you tube movies, pamphlets, newsletters, facebook, twitter, etc…) for young people to advise and inform them regarding youth-based legal rights. The Committee decides which issues are relevant, thinks of ways to convey the messages most effectively and then creates publications accordingly. We meet once per month and members complete projects on their own time. The group is comprised of high school students, post-secondary students, law students and community members. All committed volunteers are welcome. (For more on this Team, click here.)
Youth Action Committee (YAC): YAC is a group made up of youth (aged 13 - 17) from diverse backgrounds who bring their unique perspectives to address legal issues facing youth today. We believe that youth have a right to be recognized as individuals under the law and to have their voices heard. YAC reaches out to the community and informs youth that they have legal rights and tries to connect them to the useful resources that are available. YAC is open to youth under age 18 only. This year, YAC will be run as part of the Public Legal Education (PLE) Team, acting as its youth voice. The YAC members of the PLE Team will have an important and unique role on the PLE Team. YAC is open to youth under age 18 only.
Fundraising Committee: aims to raise funds in a variety of ways to support the organization’s important work. All committed volunteers are welcome to apply.
Administrative Support: Volunteers assist Office Manager and support staff with various tasks in the office.
Policy Positions Committee: This Committee monitors and responds to political and legal issues of a youth justice nature that affect our clients broadly. This Committee welcomes qualified scholars and professionals from various disciplines. It meets once a month. Volunteers undertake to do research, write materials, etc under the direction of lawyers from the clinic. This Committee has limited Membership; unfortunately not all interested people will be able to participate.
Labels:
JFCY,
PLE Team,
volunteer,
Youth Volunteers
Wednesday, July 11, 2012
The Quebec Student Protest Law: Is it really necessary?
This is an opinion piece written by JFCY PLE Team volunteer, Cemone Morlese.
It does not reflect the ideas or opinions of JFCY as a whole.
Summary
The student protest in Quebec started months ago over government
legislation raising tuition fees for university students. Daily gatherings of
thousands caught international attention, but a new law attempting to control
these gatherings turned this protest over tuition into a fight over the
constitutional rights of Canadian citizens.
Bill 78 was passed into law on May 18, 2012 by the Quebec government in
order to control the protests. The controversy stems from one main issue. The
law has strict guidelines on where and how many people can protest at any given
time. It states that the police must be informed with a detailed itinerary of
any public demonstrations involving more than 50 people at least eight hours in
advance. Also, police have the right to order a protest to be moved to another
location.
Many believe this is a clear violation of our fundamental rights
and freedoms as Canadians to express ourselves and to protest peacefully.
Supporters of the bill argue that implementing it was necessary due to the
increasing violence and property damage that was taking place during the
strike. Some students who were still trying to attend school were being either
verbally harassed or physically blocked from entering by protesters. This bill
makes those actions an offence, punishable with a fine.
Photo source: http://midascrown.wordpress.com/category/zen-and-the-art-of-creating-your-life/ |
Cemone’s Opinion
I think this law was not needed in order to maintain the
safety of the public. Yes, acts of violence were being committed by some
protesters, but clearly this small minority was involved in the movement only
to cause trouble. They are committing offences and should be punished; however
all the protesters should not have to suffer by being forced to abide to this
unnecessary law.
The restrictions this law puts in place are unrealistic in
today’s society. With the speed of the media and technology, organizing rallies
or protests can quickly grow beyond the estimated number of people. This now
becomes a crime with Bill 78 if the number is over 50, even if you only
expected 20.
The police can utilize the same technology used to organize
these events (Facebook, Twitter) to find about them and decide whether or not
they need to send personnel to ensure the events stays under control. One of
the main reasons for the protest is to draw attention from the public to what
is going on, so it won’t be a secret when and where any protests are taking
place and the police will be able to prepare for them.
The only good points that come from this law are that
students who still want to attend school will not be intimidated or physically
stopped from doing so. Other than that, I believe this law is simply diverting
attention away from the real issue: the inability of both sides to come to an
agreement about the tuition hike.
On June 27, an attempt by Quebec students to get an emergency injunction suspending six sections of the law was
rejected by the Quebec Supreme Court. A full court challenge is expected to be heard later this summer or fall.
To view Bill 78 click here.
For more information, check out these articles about the Quebec student strike:
This opinion piece was written by Cemone Morlese, a student at York U and a volunteer member JFCY's PLE Team. It does not reflect the opinions or ideas of JFCY as a whole.
Labels:
Bill 78,
Cemone Morlese,
Freedom of Assembly,
Freedom of Expression,
Quebec student protests
Tuesday, July 10, 2012
Attention newcomer female youth in Toronto
YWCA JUMP offers great programming, resources and training to newcomer youth in the Scarborough and Etobicoke areas, including a Youth Leadership Certificate Program.
Check out the Scarborough July calender here and the Etobicoke July calender here.
(JFCY is not involved with the YWCA but is happy to advertise its great activities.)
Monday, July 9, 2012
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."
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.
"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.
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.
Labels:
Education Act,
education law,
Schools,
skipping school,
Stefan Venier
Wednesday, July 4, 2012
What is the Office of the Children's Lawyer?
The Office of the Children’s
Lawyer
In this post, we look at the Office of the Children’s Lawyer (OCL),
which is a law office in the Ministry of the Attorney General that provides
legal services to children and youth who are under the age of 18 in Ontario .
While they both represent children and youth on legal issues, JFCY and
the OCL are different organizations doing different things.
What is the Office of the
Children’s Lawyer?
The physical office where the OCL operates is in downtown Toronto , but there are lawyers and social workers across
the province that work with the OCL, and services are available to children and
youth anywhere in Ontario .
Lawyers who work for the OCL represent children in many areas of the
law including custody and access disputes (when parents separate or get
divorced), child protection (when a Children’s Aid Society is involved), and
civil litigation (more about this below).
Social workers, who are also called Clinical Investigators at the OCL,
may be involved in a case to prepare a report to the court in custody and
access disputes and may also help lawyers who are representing children in
these cases.
What does the office do?
There are two broad areas in which the OCL works – personal rights and
property rights. The OCL does not provide representation or assistance in
criminal matters. If you have an issue you think is related to criminal law,
contact Justice For Children and Youth for further information and
assistance.
Personal
Rights
Personal rights cases include custody and access matters and child
protection proceedings. Often, in custody and access cases, parents are able to
agree on many issues. There are times, however, where the adults cannot agree
and the issues may become complicated. Usually, parents will have the
opportunity to have a lawyer help them with their case. If the court thinks it
is a necessary for the child or youth to have a lawyer, the court may request
that the OCL provide representation to the child or youth. The court will ask
the OCL to become involved when the court feels that it needs more information
to protect the interests and needs of the child or youth.
In cases where a Children’s Aid Society (CAS) is involved, the CAS may
apply to the court for an order that a child is in need of protection, and
remove a child or youth from his or her home. This may happen for many reasons,
including abuse and neglect. In most cases, the CAS, and the parent(s) or other
adults involved in the case usually have their own lawyers. If the court thinks
it is necessary to protect a child’s interests, the court may ask the OCL to
provide a lawyer to represent the child or youth. If the court requests the OCL
to provide representation in child protection cases, the OCL must do so.
Property
Rights
Property rights cases involve civil litigation and estate and trust
matters. In Ontario ,
children and youth (under 18 years of age) cannot sue or be sued in their own
name. In a situation in which a child has a right to sue, or is being sued, the
child needs someone to act as a Litigation Guardian, who will make decisions
for a child in legal proceedings. This would most often come up in personal
injury cases, for example if a child was in an accident.
Often, a parent, guardian, or other adult may be appointed by the court
as a Litigation Guardian. However, there may be cases where this is not
appropriate, or there is no one who is willing and able to act as a Litigation
Guardian. If there is no other person available, the court may order that a
lawyer from the OCL act as a Litigation Guardian.
The OCL also represents children and youth estate and trust cases. If a parent, guardian or relative passes away, there are many legal issues that come up for children and youth, including looking at the will, if there is one, to make sure it is valid, and making sure there is adequate support for the child from the estate of the person who has died.
Where can I get more
information?
For more information on your rights in cases of separation and divorce,
you can check out this pamphlet: Where Do I Stand? A Child's
Legal Guide to Separation and Divorce.
This blog post was written
by JFCY volunteer Christine Doucet. Christine is a member of the PLE team and
YouTube subcommittee, and is a recent graduate of Osgoode Hall
Law School .
Labels:
access,
Children's Aid Society,
Christine Doucet,
custody,
estates,
family law,
JFCY,
OCL,
Office of the Children's Lawyer,
personal rights,
property rights,
wills
Tuesday, July 3, 2012
Teenage Drunk Driving
Scenario:
Johnny,17, was at a party at
the start of the summer and he wanted to celebrate. At this party they were
serving alcoholic drinks. Johnny had 6 beers to drink. After some dancing, he
decided to go home because he had a 2 AM curfew.
Johnny: I need to get home
before 2am or my parents are going to be so mad!
Sam: You can’t drive home
you had a lot to drink.
Johnny: It’s okay dude, I
can handle it. My place is only a 15 minute drive away.
Sam: I really don’t think
you should drive, you can’t even walk in a straight line.
Johnny: Dude, seriously
relax, I will be fine
Sam: Alright, if you say
so. Call me when you get home.
Johnny: Peace!
Did Sam handle the
situation well? Since Johnny was intoxicated, Sam could have taken matters into
his own hands and taken Johnny’s car keys away.
As Johnny was driving home,
he saw sirens in his rear view mirror, it was the police. Johnny pulled over
and waited for the police officer to approach his vehicle. Johnny was very
afraid at this moment because he was worried about being charged with some form
of drunk driving offence.
Officer: Can I see your
license and registration please?
Johnny: Yes, you can.
Officer: You smell like
alcohol. Have you been drinking tonight?
Johnny: I had a little bit
to drink Officer.
The police asked him to
submit to a breathalyzer sample. Not wanting to get in any more trouble, Johnny
complied and blew into the breathalyzer. His blood alcohol content revealed
that he had more than 80 mg of alcohol per 100 millilitres of blood. The
officer arrested Johnny on the spot and he is now concerned about the legal
ramifications of what he has done.
The Law: Impaired Driving and Driving with Blood Alcohol Over 0.08
There are a number of legal
issues at work here. This blog post post focuses on drunk driving. Please read other
JFCY posts on underage
drinking; see also Concerts
and Underage Drinking, and on what happens if you drive with alcohol in
your system on a G2 license.
Across Canada , it is a
criminal offence to operate a vehicle while impaired by alcohol or drugs and/or
while having a blood alcohol content of 80 milligrams of alcohol in 100 millilitres of blood or more (called “0.08”).
With high blood alcohol
levels, adults and youths may be charged with impaired driving. Impaired
driving, which means driving while your ability is affected by alcohol or
drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood
alcohol content of 0.08 or more is also a crime under Section 253(1)(b). Your vehicle does not even have to be moving; you can be charged if you
are impaired behind the wheel, even if you have not started to drive. If convicted or found guilty, you will be sentenced by a court.
It is also a criminal
offence to refuse to provide a breathalyzer sample without a reasonable excuse.
Not knowing you have to provide a sample, or saying that a lawyer told you not
to blow for a breathalyzer are NOT reasonable excuses. This is covered by
Section 254 of the Criminal Code which also explains how the breathalyzer
process works.
Since Johnny is a youth,
between the ages of 12 and 17, the Youth Criminal Justice Act applies to him. As a result it is not
possible to predict as clearly what sentence he could get if found guilty.
However, this also changes the way the police officer must interact with
Johnny. For example, s. 146 of the YCJA
imposes a different standard for obtaining evidence, not binding youth to
certain written and/or oral statements that were obtained when the youth didn’t have
the opportunity to speak with a parent and/or alawyer. Also, police must speak to youth using words that the youth is able to understand.
Please note that there are
additional penalties related to the Highway
Traffic Act in Ontario
that will apply. Please see the JFCY blog post on G2 license
offences for more information.
The scenario and conclusion were written by PLE Team volunteer Diana Rozo (a York U student). Legal info was written by JFCY summer law student Jeremy Ozier and reviewed by JFCY.
Labels:
blood alcohol,
Criminal Code of Canada,
criminal law,
Diana Rozo,
impaired driving,
Jeremy Ozier,
Underage drinking,
YCJA
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