Consequences for Skipping School and Dropping Out

Walter is currently 15 years old and is just finishing up Grade 10, his second year of high school. He dreams to become a chef one day, and so he currently holds a part-time position working after school at Yummy Patties; a local burger joint where he flips burgers and makes some much needed cash. He finds his job very rewarding because he works with some great people, has a very understanding manager, and sees this opportunity as a building block in his aspiration to own a restaurant in the future.

When it comes to his academics, Walter is not doing so well. He dislikes the subjects he is currently taking because he does not find the courses applicable to his daily life. He enjoys the independence that comes with working part-time; he does not need to ask his parents for an allowance and he feels “all grown up” because people are much older than he is at his workplace.

After much deliberation, Walter decides that he wants to drop out of high school because he sees no benefit in staying in school. To him, a full-time job at Yummy Patties is more realistic as it will give him the motivation to move up the hierarchy of the corporation.

Is it legal for Walter to drop out of school at his current age? What are the repercussions?    

There is a statute in Ontario, called the Education Act, which covers all issues related to education.  According to s.21 (1) of the Education Act (below) everyone over the age of six must attend school until they graduate or reach age 18:

Section 21(1) Unless excused under this section,

(a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and

(b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years

Walter is under 15 years old and he can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school, see section 30 (5) of the Education Act below:

Section 30 (5): A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section.

Walter’s parents can be charged too.  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. See section 30 (1) of the Education Act below:

Section 30 (1): A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200

Not only that Walter's employer Yummy Patties could also be charged for employing Walter during school hours. He could be asked to pay a fine for up to $200. See section 30(3) of the Education Act below:
Section 30(3): Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is sixteen years or older, guilty of an offence and on conviction is liable to a fine of not more than $200.

In 2006, Ontario introduced Bill 52, "The Learning to Age 18 Act", an act to amend the Education Act, which stated that changed the laws related to penalties for being out of school so that they applied to youth until the age of eighteen. However, while this bill was successfully passed in the Legislature it has not been made law.

If this is something that Walter really wants to do and he waits until he is 16 or 17 before he drops out of school, then he is technically breaking the law however, at this age neither Walter, his employer or his parents will be charged with an offence. 

This blog scenario was written by Georjo Tabucan. The legal content of this blog post was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY through her law schools Pro Bono Students Canada program. All legal content was reviewed by a JFCY staff lawyer.

PLE Volunteer Spotlight: Georjo Tabucan

Profile written by fellow JFCY volunteer Arif Hussain.

Recently I had the opportunity to sit down and interview Mr. Georjo Tabucan about his volunteering experiences with the Public Legal Education Team here at JFCY thus far. Georjo comes from a diverse academic and professional background with a very keen interest in the field of law. Like some of our other volunteers, he also dreams of practicing law in the future and helping our community at large. Having interviewed Georjo I find that this article will be an excellent read for anyone interested in the field of law from any direction but especially for youth interested in volunteering or getting information regarding the practice of law from an earlier stage in life. So please enjoy everyone, happy read and happy new year!

Tell us a little bit about yourself, who you are and what you are doing at the moment?

I am currently in my 1st year at Ryerson University pursuing a B.Comm. in Law & Business. I previously majored in Legal Studies at the University of Waterloo for my first two years of undergrad but I felt that living at home and of course studying right in the heart of downtown Toronto would provide me with more flexibility and more opportunities to explore the area of law through volunteering. I am also able meet with and learn from a plethora of lawyers in Toronto, which was more difficult during my tenure at UW. At the moment, I am simply trying to discover which areas of the law I am most interested in, and how I plan to inspire and motivate others, which is one of my main goals in life. 

How did you hear about JFCY and get involved?

During the summer, I held a position with the Government of Ontario, Ministry of the Attorney General, and after my contract ended, I knew I wanted to continue my involvement with a legal organization at the start of the school year because the law is something I'm passionate about. So, in searching for a volunteer position, I came across JFCY on one of the Ryerson websites and I knew right then and there that it was the perfect organization that I wanted to volunteer with. My experience with JFCY so far has been amazing. 

What are your future plans in terms career choice and is the law a part of it?

I know I want to become a lawyer when I finish my undergraduate degree and complete my JD. Every morning, on my way to class, I observe all these successful lawyers in their suits on Bay Street walking to their respective law firms and I picture myself being just as successful as they are. When I'm not swamped with schoolwork, I like reading legislation and case law for fun...I guess it's sort of an obsession that I have. I am just so fascinated with the law and my motivation to learn about the law will never stop. 

You have been with JFCY for sometime now. Thus far, how do you find the work that the volunteers do here and do you think that PLE Team makes a difference?

The type of work that the volunteers contribute makes the PLE Team an essential committee of JFCY. We create meaningful videos and blog posts that each and every young person has access to. Not every child and youth is aware of their rights and it is crucial to spread the word and to start introducing them to what the law is and how they should conform to the rules and regulations implemented by our society in any way possible. Young people are our society's future, so teaching them about the law even at a young age is paramount if our Canadian population is to continue to live in harmony for generations to come. Digital media is without a doubt a powerful tool in instilling values to these young people and the volunteers on the PLE team are definitely making a difference in the lives of children and youth. 

How do you think the clinic overall benefits society at large?

Our society is comprised of a minor population of youth coming from low-income families who cannot afford legal representation during times of conflict. Organizations such as JFCY that offer free legal aid benefits our society, especially those low-income families, because without legal aid, there would be no justice and equity for our children and youth, which would therefore infringe children's fundamental rights. Every citizen of our nation ideally should have a right to legal counsel, and JFCY plays a huge role in our society by providing legal aid to our youth. 

What are your future plans with JFCY?

I would like to get more involved with JFCY because I honestly feel that children have a lot to learn that schools and parents may not teach them which the committee may be able to. Since the law is a complex subject and since not all children grow up with lawyers as parents or teachers holding degrees in law, there needs to be a way for children to at least know about what the purpose of the law is and why certain actions are accepted or prohibited. Personally, anything I can do to help further develop the committee's reputation and contribute to its continued success while making a difference in the community is what I am most looking forward to as a volunteer with JFCY. 

What would you like to say to any youth/adult (perhaps reading this) thinking of joining PLE Team?

To anyone interested in joining the PLE Team, I highly recommend that you apply because you'll be working with some amazing people, you'll be learning hands on about many areas of law, knowing that you're doing something to help shape the lives of children goes beyond a feeling of accomplishment. Volunteering with JFCY is truly unique and rewarding experience! 

This JFCY Volunteer Profile was written by fellow PLE volunteer Arif Hussain. To read more about Arif, check out a spotlight on him here: http://jfcy1.blogspot.ca/2012/12/volunteer-spotlight-arif-hussain.html

Volunteer Spotlight: Arif Hussain

 This JFCY Volunteer Profile is about volunteer Arif Hussain.  It was written by fellow JFCY volunteer Georjo Tabucan.

You know passion when you see it, and in the few months that I’ve been volunteering with JFCY, I’ve been using my detective skills in my quest to write about the perfect volunteer in this top secret volunteer profile. I can honestly say that my years of training in gathering information have paid off! Now allow me to share with you some really interesting information about Arif Hussain, a young man with a lot of passion (But remember, this is top secret!).

A recent English and Philosophy graduate from the University of Toronto, Arif Hussain is an active volunteer with JFCY - one of the founding members of the Public Legal Education Team whose inception began in 2010, as well as a member on the Board of Directors. I recently had the chance to speak to him regarding his experience so far with JFCY and how much the law means to him: 

Q:        Why did you decide to volunteer with JFCY?

A:        It is now my third year volunteering with JFCY. I had always been interested in law growing up but nothing specifically. Youth law stood out as something very important to me when I was taking high school law courses, perhaps because I was a youth at the time.   Anyways, in my second year [of university] I was advised by an academic coach that down the line professional and graduate schools will be looking at more than just  GPA or test scores. In searching for volunteer activities, I happened to come across a JFCY           posting on the UofT career website. The rest is history.

Q:        How long have you been with JFCY and what is your role within the organization?

A:        I started off as a volunteer with the Public Legal Education Team. It was very small at the time. I still remember my first meeting, there were 6 of us including the person in charge of the committee and staff lawyer with JFCY, Andrea Luey. For my work with the clinic, I was also elected as a member of the board of directors last November 2011. On the board we make decisions regarding the clinic in all its aspects. Outside of my degree, volunteering with this clinic has been the best education I have received thus far.  

Q:        What are your future goals, both personally and with JFCY?

A:        At the moment I am applying to law school. Becoming a lawyer had been my life long goal, since I was 8 to be exact but who's counting, right? I am very nervous about my law school applications and as result, I have applied everywhere. Ideally, I want to stay in the city and still regularly volunteer with JFCY but if that's not possible we have students out of the city who can send in blog posts or still help out in other ways, and I could do that as well. Regardless of what happens, I see myself continuing to work with JFCY.

Q:        How important is the law to you?

A:        Important doesn't even begin to cover it. I was interested in practicing law in Canada based on what I was seeing around me long before I could speak the English language when I first arrived here. I was 8 at the time. Everything I have done since then has been a preparation towards this end goal, including my involvement with JFCY to the undergraduate programs I chose. It is an obsession in many ways.

Q:        Why is it essential for children and youth to be aware of their rights?

            It's like this - we should always be at least aware of the rules governing any system that  we are a part of. Whether or not you are a pro at it, arguably most teens today have a  Facebook account. But before anyone learns to post or like anything, we quickly learn how Facebook as a system operates through various and very accessible means. When one learns a new language, one must first learn the rules of speech, grammar etc. I'm not suggesting that every youth go out and become a legal expert or get a law degree. But I    think everyone who is able, has a responsibility to themselves to be aware of the law. It's good to know a few things about the system we live in.

           

Arif is currently taking the year off to further explore the field of law in its practical setting, working at the ADR Institute of Canada, and wishes to work in social justice upon becoming a lawyer (you know, modern day superheroes who want to bring about change. That’s inspiring!). Aside from volunteering, working, and pursuing his legal interests, Arif likes to spend his free time working out at the gym, and keeping himself abreast with new technology and gadgets.

By now you probably realize that I’m not really a detective...or am I? (Just kidding) But in all seriousness, Arif is probably one of the most passionate people I have ever met and I wish him all the best in his applications to law school. He’s a cool and bright individual, if I do say so myself!