Underage Drinking in a Public Park

Scenario:

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

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

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

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

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

Sam: “Nothing, officer
”

Officer: “How old are you two?”

Sam: “17”


John: “16”


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

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

What legal issues do John and Sam face?

Underage Drinking:

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

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

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

Public Drinking:

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

Municipal By-laws:

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

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

The scenario for this post was written by Diana Rozo a JFCY volunteer on the PLE Team. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

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.

Now although this scenario didn’t turn out fatal, it is very possible it may have. Johnny might have killed someone on his way home. This is one fatally which happened in Toronto recently. This was the end result...

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. 

The Right to Attend School

Want to learn more about the rights of young people to attend school?  Check out our pamphlet here.

Comic by PLE Team volunteer Diana Rozo.

Staff profile: Andrea Luey

By Diana Rozo, JFCY PLE Team Member


Andrea Luey has worked as a lawyer at JFCY since 2009. She works with clients and also runs the Public Legal Education Team.

Andrea during the JFCY PLE Team filming of a legal rights video

Before she worked at JFCY, she worked for Kensington-Bellwoods Community Legal Services in Toronto and Kinna-aweya Legal Clinic in Thunder Bay. Andrea volunteers regularly at The 519 Church Street Community Centre, where she coordinates the free Legal Advice and Referral Clinic, geared towards assisting low-income queer and trans people with legal issues. What captivated her about being a lawyer was the ability to help people, while having an intellectually stimulating career. Nevertheless, before making her decision she had thought about different careers such as counselling and construction work. However, if she were to have a second career she would run a bed and breakfast which offers a fitness facility. 
 

Andrea at the 2011 JFCY AGM

Why does Andrea love her job at JFCY? She loves her job at JFCY because all of her clients are youth.  Even though fighting for youth rights may be challenging at times-it is also extremely rewarding. When Andrea is not in the court room or at her desk, she loves to spend time with her partner, go to the gym and hang out with friends after a hectic day at work. Her favourite TV shows at the moment are Parks and Recreation, The Good Wife, Parenthood, and of course... Seinfeld.  When asked what advice she would give to people considering a career in law, Andrea's advice is to be prepared to work hard, but remember not to doubt your own abilities!


This Profile was written by Diana Rozo, a volunteer member of JFCY's PLE Team.  Diana is a student at York University.