Leaving Care at 16 or older

Jenny's scenario

When Jenny was 13 years old, she was removed from her parents' home, where she was experiencing physical abuse. Her teacher had noticed that she had been coming to school bruised and depressed. Her teacher had a legal duty to report the issue to the Children’s Aid Society (CAS), and after investigating, CAS apprehended Jenny.  An "apprehension" happens when CAS believes that a child is being harmed or is at risk of harm and so the child is removed from his or her home.   

Jenny has been in the care of Children’s Aid ever since because it was decided in court that it was not safe for her to return to her parents. At the end of the court case, the Judge decided that Jenny would be a Crown ward.  Being a Crown ward means that Jenny’s parents are no longer legally responsible for Jenny and that she is not allowed to live with them.  Instead, the “Crown” (this means the government) is legally responsible for Jenny, and CAS is responsible for her care.  If someone becomes a Crown ward, there is the potential for that person to be adopted.

Jenny is now 16 years old and she is wondering when she will be able to leave CAS and move out on her own.  She loves her foster family very much; however, she feels as though she is old enough to live on her own and become an independent young adult. 

Jenny has two different options for moving out.  


First, she can apply to terminate the court order that makes her a Crown ward.  With this option, Jenny would no longer have a relationship with CAS at all.  She’d be completely independent.  This is challenging because since Jenny is under 18, she will need to be in school full-time.  There are many life skills required for independent living, like cooking, cleaning, budgeting, and finding a place to live.  If Jenny wanted to move out on her own, she would have do consider whether she was ready to do these things on her own.  


Second, Jenny’s other option is to ask CAS to change her placement from her foster home to "independent living", allowing her to receive a living allowance to live on hew own, but still continue to have a relationship with CAS and get support from them.  She would have to talk to her CAS worker about whether this is a possibility available for her.

When Jenny is 18, her legal relationship with CAS mayend and she will have the opportunity to be completely independent.  However, since Jenny is a Crown ward and has continuously been in care since she was 13, she will probably be able to enter into an Extended Care and Maintenance agreement with CAS.  Under this agreement, Jenny will be able to continue to receive care until she is 21 as she transitions into independent living.  For example, Jenny will receive emotional support from her CAS worker, and she will also receive financial support from CAS to help her live independently and continue her education.  If she does not want to or is unable to stay with her foster family, Jenny may be able to use this support to move out and find her own place to live.  

Jenny has thought about her options a lot and has decided that she is probably going to wait a couple more years until she is ready to take that huge step and actually move out  of her foster parents' home. Jenny, her foster parents, and her CAS worker have already discussed possible new living arrangements, education, as well as money for her to live on when she does eventually move out.  When the times comes for Jenny to move out, her foster parents are going to help her throughout her transition. Jenny has never lived by herself before and she knows that it may be stressful and hard at times, but she feels as though it will definitely be a great new experience for her.

Leaving child protection services, or receiving services from child protection agencies again once you’ve left voluntarily, can be a very complicated and challenging issue.  Factors like how old you are now, how old you were when you entered care, and how long you were in care for or whether you were out of care at certain points all matter in determining what services you may be eligible for once you are 16 or older.  It is a good idea to contact a lawyer if you have specific questions about your situation and your rights.

Transitioning out of care is a very challenging time for many Crown wards or other youth in the care of CAS.  Recently, the provincial Advocate for Children and Youth partnered with young people in and from care to hold hearings designed to address issues facing Crown wards in Ontario.  JFCY participated in these hearings, along with many other organizations working with youth (in addition to many youth who are/were in care).

For more general information about involvement with child protection services and leaving home, see these JFCY pamphlets:

Child Welfare Court Guide

Leaving Home 

See also our earlier blog post on leaving home

Thanks to JFCY volunteer and PLE Team Member Deqa Abdi for writing the scenario set out in this blog post.  Legal information is by JFCY.

Abuse at home - how can I get help?

Maria is twelve years old. Her mother has just married Craig. Maria has a good relationship with her mom, but is becoming aware her mother could be in an unhealthy relationship. Craig swears a lot and calls her mother inappropriate words. Before the marriage, Craig had hit her mom on several occasions and her mom tried to leave. Maria’s mom told her that she has chosen to be with Craig due to her financial situation.

Since the marriage, Craig has moved into the household. Maria is rebellious about this new adjustment as she does not like Craig. Maria’s mom has not told anyone about Craig’s abuse and has told Maria not to tell anyone. At this point, Craig has never physically hit Maria but has been verbally abusive.

However, one night, Maria’s mom is not home because she is working a night shift. Craig, who has cooked dinner for Maria, is telling her to come eat food. Maria expresses that she is not hungry and does not want to eat. Craig becomes agitated at this and orders her to eat her dinner. He yells at her and calls inappropriate words such as “stupid brat” and even threatens her with “if you don’t eat I am going to kill you.”

Maria has now become frightened about the current situation. She decides to hide in the attic of the house. Craig is unable to control his anger.  He eventually finds Maria and hits her.  He leaves bruises on her body. Craig also threatens Maria not to tell her mother or he “will kill her.”

Maria, unsure as to what to do, decides to tell her mother when Craig is not home. However, her mother does not believe she is telling the truth. Maria has reasons to believe that Craig would hit her again when her mother is not home. Over a few months, this abuse persists when Maria’s mother is not home, leaving Maria scared and unsure as to what to do. Her mom continues not to believe her, leaving Maria left to deal with her abuse alone.

Maria considers telling her teacher at school about this abuse, but is unsure as to what can be done.  She does not want to continue living in a place where she feels unsafe.

Legal Information

This blog post covers what happens when a child feels unsafe at home, and the beginning of the process where child protection services become involved with a family.  It does not describe what happens after the first court hearing if a child is removed from home.  For more information about child welfare court from a young person’s perspective, check out this JFCY pamphlet.  For information for parents and guardians on child protection, check out Family Law Education for Women’s page on child protection.

If Maria feels unsafe at home, who can she contact?

Maria has been abused by Craig.  Abuse is harm that can take many different forms, including both words and physical actions.  Many times, abuse takes place between people who are in close relationships, like people in a sexual relationship or a parent and child.  This can make abuse very difficult to discuss and respond to.  However, no person ever deserves abuse, and regardless of whether Maria has argued with or disobeyed Craig, he has no right to hit her.

If Maria tells her teacher or another adult about the abuse, that person has a legal duty to report the situation to the Children’s Aid Society (CAS).  According to Ontario law, every member of the public must contact CAS if they have reasonable grounds to believe that a child is being abused or neglected.  CAS has the authority to investigate situations after they are contacted. This means that CAS will get in touch with the family to find out what is happening.  If necessary, they may act to make sure that the child is safe.  Even if Maria does not tell her teacher, she can contact CAS herself.

The next section discusses what happens if CAS gets involved with Maria’s family.  However, if CAS does not think that Maria needs protection, and Maria disagrees, she can apply to the court to get protection.  This is an option available to young people under 16, and it is called a “third party application.”

What happens when CAS gets involved with a family?

When CAS is contacted about child abuse, it will do an initial screening to decide whether it needs to become involved with a family.  After this screening, it may decide that the child is well cared for and that CAS doesn’t need to be involved.  It may also decide to investigate.  CAS will most likely decide to investigate in Maria’s case, and they will visit her home to talk to her, her mom, and Craig.  CAS may also talk to people lilke Maria’s teachers or the family’s neighbours.  The goal of the investigation is to determine whether Maria is in need of protection.  The fact that Craig has hit Maria is a good reason for CAS to see her as needing protection, and so is the fact that she has seen Craig hitting her mom at home.

If CAS finds that Maria needs protection, it will work with her, her mom, and Craig to solve the problem.  CAS tries not to disrupt families more than necessary , which means that Maria may be able to stay at home with her mom.  However, it will be very important for Maria’s mom to get a lawyer to help her as soon as CAS becomes involved with Maria’s family.  When CAS works with a family to ensure that a child is safe, they will ask the family to sign an agreement called a Plan of Service.  The agreement sets out exactly what is required to make sure that the child is safe.  What is in the plan will depend on what CAS sees as necessary for Maria’s safety.  If Maria’s mom is unwilling to sign the Plan of Service, or she does not follow its conditions, CAS may take Maria from her home.  For example, if CAS does not think Maria will be safe around Craig, and Maria’s mom will not consider living without Craig, this could mean that Maria can no longer live at home.  CAS has the authority to make this decision.

If CAS decides that Maria cannot live at home, they can place her with a family member, in a foster home, or in a group home.  CAS may also call the police to tell them about the abuse.  The police could lay criminal charges against Craig for assaulting Maria.  Assault is a crime that happens when one person touches another person without that person’s permission.  It is possible that Maria’s mom could also face criminal charges if the police feel that she helped Craig with the abuse or failed to properly care for Maria.

What happens if Maria is removed from her home?

If Maria is taken from home without her mom’s consent, there will be a child protection hearing in fewer than five days after removal.  A hearing is when the information in a case is heard by a judge.  The judge decides what will happen next – if Maria will go back home or if she will stay in her temporary living place.  At this hearing, a judge will decide whether Maria will continue to stay where she is placed and what will happen next.  This is NOT the final decision about where Maria will live. There will probably be a very long process until the situation is completely resolved.  Maria’s wishes will always be considered.  The judge may decide that Maria needs a lawyer, who will be appointed by the Office of the Children’s Lawyer, which is part of Ontario's Ministry of the Attorney-General.  This lawyer will represent her in the child protection process, and will talk to Maria about options available to her.  If Maria doesn’t have a lawyer, and feels she needs one, she can talk to the CAS worker who is responsible for her case.

Blog scenario by PLE Team Member and Volunteer Tracy Chen.  Legal information by JFCY.

Teen Pregnancy - Part Two (non-medical decisions)

Kiran and her boyfriend Rick are fifteen years old and in grade ten.  They have been dating for several months and spend most of their time together.  They care about each other and trust each other very much.  A few months into their relationship, Kiran and Rick felt ready to begin having a sexually intimate relationship. 

Kiran has a lot of questions about sex and the emotions that she is feeling but she has only discussed her relationship with her peers at school.  She has not told her parents or her doctor about her sexual relationship.  She is afraid that if she tells her parents she will get in trouble.  She also believes that she cannot see a doctor without her parents’ permission and if she does see a doctor, she is afraid they will tell her parents what they have discussed.

Since Kiran has not spoken with a doctor, she is not using any methods of birth control, (such as the birth control pill) other than condoms.  Both Rick and Kiran are shy and embarrassed to buy condoms in the store, so they only use condoms when Rick asks his older brother. 

This month Kiran missed her period and thinks she might be pregnant.  She and her friend go to the pharmacy and purchase a pregnancy test.  When she takes the test she sees a positive result, indicating that she is pregnant.  Kiran is overwhelmed, scared and doesn’t know what to do next.  What are her options?  What are her rights?

There are two parts to Kiran’s decision-making about the pregnancy: medical decisions, and non-medical decisions (like adoption, involving Rick in the pregnancy, and supporting a baby).  Last week’s post covered Kiran’s medical rights and decisions – today’s post is about her non-medical decisions and providing care for a baby.  This post does not include information about receiving financial support, such as government benefits or child support, for a baby.

If Kiran decides to carry her fetus to term, there are a number of decisions to consider.  She will have to think about whether she wants to raise a baby or put the baby up for adoption, what kind of parenting the baby will have, and how the baby will be supported.  While Kiran is pregnant, Rick has no legal rights to be involved with her pregnancy.  After the baby is born, both parents have legal rights regarding the baby.

Adoption: Legal Issues

If Kiran and Rick both do not want to raise the baby, they have the option of putting the baby up for adoption.  In an adoption, another person or people will raise the baby, and take on the legal responsibilities relating to the baby.  In Ontario, both parents must give their consent in order for an adoption to occur – this means that Kiran and Rick must both agree that an adoption is the right decision for them and for the baby.  The baby must be at least one week old before they can make this decision, and since both parents are under 18, a government lawyer (called the Children’s Lawyer) must confirm that each one understands the decision he or she is making and genuinely wants to give consent.

After Rick and Kiran have given their consent for an adoption, they may still change their minds and withdraw consent for up to 21 days following the initial decision.  Sometimes this time can be extended, but only if the baby has not yet been placed for adoption.

When the baby is put up for adoption, the Children’s Aid Society or a licensed private agency will take responsibility for placing the baby and ensuring that its new home and parents will be able to care well for it.  Kiran and Rick will still have input into what kind of home they would like the baby to be placed in, but it is the family that will best meet the needs of the baby that will be chosen as the adoptive parent(s).  The only exception to this is if a relative, like Kiran’s parents, choose to adopt the baby. 

After an adoption, biological parents like Kiran and Rick are normally not involved in the baby’s life and they will not have access to the baby.  Sometimes, adoptive parents will agree to an “openness agreement.” This agreement would allow Kiran and/or Rick to communicate with the adoptive parents, or to share pictures or letters as the child grows up.  However, the details of this agreement would have to be negotiated, and the adoptive parents are the ones who have full legal rights to the child.  Kiran and Rick can also make decisions about whether and how their biological child can contact them in the future as an adult.

Click here for information about adoption in Ontario (government website)

Click here for information about access to adoption records in Ontario (government website)
Adoption law in Ontario is found in the Child and Family Services Act

Custody and Access: Legal Issues

If Kiran decides to raise the baby, she will have to work with Rick to make decisions about “custody” and “access.”  Having custody of a child means having the right to make important decisions about raising the child – things like school, religion, and health care.  One or both parents can have custody, but if a parent does not have custody, he or she may still have access to the child.  This means that both parents get to see the baby and have a relationship with it.  A parent who does not have custody also has the right to access custody-related information about the child, even if he or she doesn’t have the right to make those decisions.

Kiran will have to work with Rick, preferably with the help of a lawyer, to make decisions about custody and access.  There are many possibilities for arranging custody and access, but the most important thing to consider is the best interest of the baby.  For example, this could mean that the baby will live at Kiran’s house and spend the most time with Kiran if she is breast-feeding.  Rick would come to Kiran’s to visit the baby.  This arrangement could change as the baby grew older.  It is very rare that the court will refuse to allow one parent access to his or her child, although it is possible to put conditions on parental access.  As always, the most important thing is the child’s best interest.

When Kiran and Rick have agreed about access and custody, they will sign agreements that contain their decisions.  It is possible for Kiran and Rick to raise the baby without written custody and access agreements, but having these agreements will make sure that everyone knows who is responsible for what and who has what rights, so that arguments will be less likely.  When there is a written agreement, it can be enforced by a court.  In order to change custody and access decisions, the written agreement must also be changed.

If Rick and Kiran cannot agree about custody and access, they may work with a mediator.  A mediator is someone who helps work through disagreements in order to achieve a result that both parents are happy with.  If they are still unable to agree, they may go to court, where a judge will make an order about custody and access.  Both Rick and Kiran will have to follow the judge’s order.  If they want to change the order, they will have to go back to court.

Click here for a pamphlet on custody and access (external link – Your Legal Rights)
Law about custody and access in Ontario is found in the Children's Law Reform Act

Caring for a baby: When would CAS get involved?

Raising a baby can be scary for young parents, since they have a lot of new responsibilities.  While young people can be great parents and take good care of their new baby, sometimes there is concern about whether the baby is getting all the care and support that it needs.  In this situation, a Children’s Aid Society (CAS) or another child welfare organization will become involved with the family.  Since Kiran and Rick are teen parents, CAS may become involved with them and their baby right from the birth.  If Kiran or Rick was ever involved with CAS before, this is more likely to happen.

If CAS is concerned about Kiran and Rick’s baby, they will investigate.  There are certain rules that they must follow in this investigation in order to make a decision about what should happen next.  They may decide that they do not need to be involved with the family, or that the family needs extra support.  They may also decide that the baby is in need of protection, in which case they can remove the baby from Kiran or Rick’s care.  As in the case of custody and access, the most important consideration will be the best interests of the child.

If the baby is removed from its parents, there will be a child protection hearing in court soon after.  At this hearing, the court will make a decision about next steps.  The court will only keep the baby from Kiran and Rick if the court believes the baby is likely to suffer harm and can’t be protected through other means, like putting conditions on the parents'care.

If CAS becomes involved with Kiran and Rick, it is very important for them to have legal support.  Sometimes CAS involvement can lead to a parent's right of custody and access being terminated completely.  Kiran and Rick should each contact a lawyer to help them understand and protect heir parental rights throughout CAS’s involvement.

Click here for a pamphlet on child protection (external link – Your Legal Rights)
Child protection law in Ontario is found in the Child and Family Services Act

Having a baby is an important and life-changing decision, and there are lots of legal issues involved with raising a child as a young person or a person who is not living with the child’s other parent.  If you have specific questions or a personal situation, you should contact a lawyer for legal advice.  If you are a young person in Ontario and you need a lawyer to represent you, you can call Legal Aid Ontario: (416)598-0200, 1-800-668-8258 (outside GTA), or Justice for Children and Youth (416) 920-1633, 1-866-999-5329 (outside GTA)

FAMILY LAW - ACCESS

Matt is nine years old. His mom and dad divorced one year ago and he has been living with his mom ever since. She has custody of Matt, who usually visits his dad once a week (“access”).  Two weeks ago Matt’s mom stopped the visits.

Mom wants Matt’s dad only to get access with Matt if it is “supervised”, because she wants to know everything they do together. Matt’s mom feels that this reason is enough to limit access and even to refuse to allow Matt’s dad have access with Matt at all.

Matt’s dad believes that there is no need for supervision when he has access visits with Matt.  He wants to continue seeing Matt on his own.

Matt misses his father and he has no idea what supervised access means. Matt is worried that he will never be able to see his dad again.

Legal Information

What is supervised access?

Supervised access means that you may not be alone while you visit with your parent. The purpose of supervised access to is primarily to ensure the child’s safety, but may also be used to monitor an access parent’s alienating behaviour (i.e., where he or she tries to break the bond between the child and the other parent), for example. Not all families need supervised access.  In cases where a children’s aid society thinks it is necessary, supervised access may be ordered by a court, unless both parents agree to it. Both parents have a right to be heard in court about whether they think supervised access is necessary.

Supervised access can mean that you must have your access visits at a specific person’s house, or that you must always have another person with you to supervise when you visit your access parent. The person supervising can be a family member or another trusted person but usually this must be first determined by the court.

Can Matt’s access visits with his dad be stopped altogether?

It is not Mom’s decision alone whether to cancel access between Matt and Dad.  Unless both parents agree, the decision about whether to restrict access would be made by a Judge in court.  Access will usually only be stopped altogether in extreme cases or under special circumstances, for example, when serious child abuse has been proven and the abusing parent refuses treatment.

Parents cannot refuse to pay child support because they cannot get access or choose not to visit their child. However, access will not be denied because a parent fails to pay child support. Access and child support and separate legal issues. There are other ways to get support from a non-paying parent.

Written By Lina Maria Sanchez (PLE Team Volunteer) and Meghan Lindo (JFCY law/Masters of social work practicum student from UofT)

Youth Leaving Care Hearings - Nov. 25, 2011

On Fri. Nov.25^th, at 10:15 a.m., JFCY lawyers will make submissions at the hearings at the Provincial Legislature, proposing recommendations for child welfare reform. 


JFCY's efforts are led by Staff Lawyer, Niamh Harraher and Street Youth Legal Services Lawyer, Johanna Macdonald.


Niamh and Johanna will be joined by young people who are former Crown Wards and kids who lived in foster care.  


These youth will be sharing their experiences and ideas for how to improve Ontario's Child Welfare system, specifically with respect to the law and issues around youth leaving care as they get older. This is the first time that Canada has had youth-led hearings on these issues.


For more info, check out the official event website, produced by youth organizers from the Office of the Provincial Advocate for Children and Youth. 


Also, check out this article from the Toronto Star, where some of the young people involved share their stories. 

Late Night Swims in Public Pools: Legal?

Scenario by PLE Team volunteer Stefan Vernier (perhaps dreaming of summer days...)

Photo used with permission from Alyssa Katherine Faoro, akFAORO.com 

On a warm summer night, three friends are hanging out in the parking lot of their local pizza shop. After spending a couple of hours talking to each other, Todd, who is 15, says that he’s getting bored. He suggests that the three of them head down to the park near their community centre, where they can pass around a soccer ball. Kyle and Thomas, who are also 15 years old, agree that they’d have a much better time playing soccer at the park.

When they arrive at the park, they realize that the street lights that illuminate the soccer field have already been turned off. “We’re too late guys,” says Kyle. “The city turns off the lights at 12 a.m.”

Slightly disgruntled, they stare at each other for a few seconds, hoping that the other person would think of something else that they could do to pass the time. Suddenly Todd speaks up. “Hey, you know what would be really fun?” He pauses for a moment, making sure that Kyle and Thomas are listening to what he has to say. “What if we took a swim in the community centre’s outdoor swimming pool, just for a bit?”

Intrigued by the idea, Thomas shouts ecstatically, “Yea, let’s go for it!” 

Kyle, on the other hand, did not share the same excitement. “But they close the pool after 10 p.m. There’s a lock on the front gate for a reason you know,” he says. “I don’t want to get in trouble, guys. The sign on the fence says that we can’t enter when the pool is closed and that we could be fined if we get caught.”

“Okay, suit yourself then,” says Todd, as he and Thomas climb the fence and jump into the pool, which is run by their city’s Parks and Recreation department. The two of them spend another half-hour playing in the pool, while Kyle stands idle outside the fence.

Suddenly, a police car pulls up outside the community centre. An officer walks out and notices the boys swimming.

LEGAL INFO by JFCY

Trespass to Property Act

Ontario has a law that makes trespassing illegal.  A trespasser is someone who is on or 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.  Todd and Thomas are clearly trespassing according to Ontario law, because the locked gate and fence make it clear that the pool shouldn’t be accessed without permission. The signs also make this clear.

Todd and Thomas could be charged with trespassing ("enter premise where entry prohibited").  Since they are breaking provincial law, the section of the Provincial Offences Act that applies to people under age 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 provincial offences and young people who are charged with the same offences.  One difference is that young peoples' identities are protected from publication.  Another is that there is a limit on penalties for offences:  the maximum a person under age 16 can be fined is $1000, whereas the maximums for adult fines can be much higher. But remember, provincial offences are different than criminal offences (that is a whole other topic!).

Curfew

We’ve covered the curfew issue on the blog before: The Child and Family Services Act says that parents of children under sixteen cannot permit their children to be without an authorized adult in public places between midnight and six am.  Kyle, Todd, and Thomas all fall under this Act, since they are 15.  They shouldn't have been at the swimming pool or even at the park at this time of night. If caught, the police may be take these boys home or even bring them to a children's aid society.

Municipal Bylaws

The sign outside the swimming pool probably refers to the municipal bylaws that regulate public swimming pool access in Todd’s city.  (We explained municipal bylaws previously here!) For example, in Toronto, municipal bylaws say that people must not use public swimming pools outside designated times, and that they must obey the signs posted in or adjacent to the pool.  The police officer can tell Todd and Thomas that they must leave the pool.  The police could also charge these youth with breaching a municipal by-law and the end result could be that they must pay a fine.  As in trespassing, the rules about young people under Provincial Offences Act would apply.

IF YOU ARE A YOUNG PERSON WHO HAS BEEN CHARGED WITH A PROVINCIAL OR MUNICIPAL OFFENCE YOU CAN CALL JFCY FOR LEGAL ADVICE. 416.920.1633

Having Fun on Halloween

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


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

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

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

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

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

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

What are the potential legal consequences for Jamie?

Underage drinking

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

Breaking curfew

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

Municipal bylaws

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

Curfew comic by PLE Team member Arif Hussain

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