Teen Marriage: How Young is Too Young to be Legally Married?

Scenario:

Hannah, 16, and her boyfriend Shawn, 17, have decided to get married! They have been dating since Grade 9 and can’t wait to start their lives together. Shawn’s family is completely supportive of their future union and all their friends think they will be together forever. There is only one problem: Hannah’s father, Joe. Hannah’s family is very traditional and they believe Hannah and Shawn must wait until they are both at least 18 years of age in order to make such an important decision. 

Joe is especially stubborn. He has made it very clear he will not allow his 16 year old daughter to get married. Because she is a minor, he is forbidding her to tie the knot until she is at least 18. Hannah and Shawn don’t want to wait 2 years for Hannah to turn 18; they want to do it right away. Does Hannah need her parent’s consent to get married because she is under the age of 18?

Legal Information

Unfortunately for Hannah, her father is right in this case: in Ontario, you must get your parents’ consent to get married if you are between the ages of 16 and 18. Unless her father changes his mind, Hannah is going to have to wait until she is 18 years old to get married. This rule comes from s. 5 of the Ontario Marriage Act.

There are two exceptions to this general rule. People aged 16 and 17 whose parents are unreasonably refusing consent, or whose whereabouts are not known, can get married with a court order (see s. 6 of the Marriage Act) or permission from the Minister of Consumer and Business Services (see s. 10 of the Marriage Act).

However, these exceptions are not very commonly applied. In Hannah’s case, a court or the Minister would need to decide if her father was unreasonably refusing his consent, or whether he had valid concerns in wanting Hannah to wait until the age of majority to get married. 

Who Can Get Married in Ontario?

In addition to the age requirements discussed above, you and your partner must meet the following requirements:

• Marriage is voluntary. Both partners must enter the marriage because they want to. No one can force you to get married.

• You and your partner cannot be close relatives by blood or by adoption.

• You or your partner cannot already be married to someone else. If you are divorced, proof of your divorce must be presented to receive your new marriage license.

Since 2003, you may marry someone of the same sex (a man can marry another man, and a woman can marry another woman). Many countries are following Canada’s example and legalizing same-sex marriages as well. 

If you are under age 18 and living in Ontario, you can call Justice for Children and Youth (416.920.1633) to talk to a lawyer about your legal rights and getting married.

The scenario and comic were created by PLE Team volunteer Cemone Morlese.  Legal info was written by JFCY summer law student Brendan Stevens and reviewed by JFCY.

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:

http://www.huffingtonpost.ca/supriya-dwivedi/quebec-student-strike_b_1455513.html?utm_hp_ref=quebec-student-protests

http://www.cbc.ca/news/canada/montreal/story/2012/06/27/bill-78-injuction.html

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. 

Trayvon Martin: Where do we go from here?

This opinion piece was written by JFCY volunteer and PLE Team member Cemone Morlese. The opinions expressed are Cemone's and not necessarily those of JFCY.

The Trayvon Martin case has gained international attention from average people, to celebrities to even the President, himself. At its core is the victim, 17 year-old Trayvon, shot and killed in Sanford, Florida and the man who shot him, Neighbourhood Watch volunteer George Zimmerman. What has taken me by surprise is just how quickly the story spread and turned into a difficult, but important debate over many hot-button issues.

One of the biggest discussions surrounds the issue of profiling. The case hinges on the claim by Zimmerman that he felt “threatened” by Trayvon Martin and needed to protect himself. But what was it that made him feel this threat? Trayvon was a Black teenager wearing a hoodie. Did Trayvon’s race play a factor in the perception of him as a threat? Racial profiling is not a new notion, especially in the United States, but the belief was that incidents of racial profiling were becoming less and less frequent. This shooting makes many wonder how often Black youth are still being misperceived as “dangerous” simply because of their race in today’s society. Another factor that may have led to Trayvon Martin being seen as a threat was his clothing. 

Are teenage boys who wear hoodies assumed to be dangerous to the general public? This seems outrageous, but I can’t help but wonder I too fall victim to this assumption. If I’m walking alone late one night and I see someone behind me, I honestly would be a little more afraid if the person behind me is in dark clothes and a hoodie rather than a business suit. Sad, but true. Also, the media plays a part by showing countless movies and TV shows portraying youth dressed in hoodies and oversized clothing causing trouble and committing crimes. 

That being said, thinking someone looks suspicious and shooting and killing someone because they look suspicious are two completely different things. Perhaps this is the reason for the public outcry in the Trayvon Martin case; a sense of injustice because a teenage boy was killed because he apparently looked threatening. What angered even more people was the fact it didn’t appear George Zimmerman would even be brought to trial for the shooting. The “Stand Your Ground” laws seem to protect his actions as long as he could prove he truly believed his life was threatened. However, recently he was charged with 2^nd degree murder.

So, where do we go from here? The Martin family and their supporters rallied for justice and now charges have been laid. With these new charges, my biggest fear is that the case, and more specifically the important issues it brings up, will be forgotten. 

The Trayvon Martin case has special importance to me because my brother is a 17 years-old Black teenager who likes to wear hoodies. For the first time, I began to really think about how other people perceive my brother every day. Is their first impression of him a negative one? I hope not. Nevertheless, discussions about profiling, the origins of beliefs about race and appearance and why such beliefs persist must continue in order to prevent another case like this from happening again.

School Fights: What can the consequences be?

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

Fights on campus can lead to serious consequences at school.

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

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

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

School Suspensions

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

Mitigating Circumstances

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


Fairness

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

Appealing a Suspension

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

Appeal Hearing

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

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

JFCY guide to suspension

JFCY guide to expulsion

JFCY youth guide to court

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