What Are Extrajudicial Measures and Sanctions?

The Youth Criminal Justice Act (“YCJA”) says it is better to deal with less serious offenses outside the court system. This is often the most appropriate and effective way to address non-violent youth crime.

EXTRAJUDICIAL MEASURES: are designed to hold young people responsible for wrongful behaviour without formally charging a youth with a criminal offence. The police can give warnings (informally), cautions (usually a letter sent to you and your parents and may require you and your parents to go into the police station to speak with an officer), or referrals to a community program. The crown attorney can also give a caution instead of a charge, or withdraw a charge and give a caution instead.

EXTRAJUDICIAL SANCTIONS: may be given by a Crown attorney before or after a young person has been charged with a criminal offence, as a way of dealing with the offending behaviour without proceeding further through the formal court system.  They may be used only if a warning, caution or referral is not enough to hold the young person responsible. The Crown can request an extrajudicial sanction and a referral to an extrajudicial sanction programs before or after the young person has been charged. If you are accepted into the program, you will be required to complete the program. This means you will get some consequences for your actions, but you will not go through the court system and be punished by a Judge.

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You can get an extrajudicial sanction only if:

• there is such a program where you live;
• the police or the crown attorney thinks that the program is the right thing for you and for the interests of the community;
• you are told all about the program and you freely agree to participate;
• you have been given a chance to consult with a lawyer;
• you are willing to accept responsibility for what the police say you have done wrong; and
• there is a real case against you, and you could otherwise be brought to trial through the court system

There are a number of different options for an extrajudicial sanction program, some examples include: You may be asked to do some kind of community service, participate in a conference, write an essay or letter of apology, go to workshops, do a mediation, or perhaps do something else that would be relevant to you or the offence.

When you successfully complete the program, then any charge that has been laid against you will be dismissed and you will not have to return to court on this matter. Additionally, a record of your participation in the program will stay in the records of your local police for only 2 years. You will not get a youth justice court record. 

This blog post was written by Lauren Grossman, a first year law student at the University of Toronto who volunteered at JFCY through her law school’s Pro Bono Students Canada program in 2012/13. All legal content was reviewed by a JFCY lawyer. JFCY's legal content is based on the laws in Ontario relevant to youth under the age of 18. 

Lauren's Experience as the PLE Team Leader

As final exams are approaching and "crunch" time begins, I wanted to briefly share my JFCY experience with you. Since October, I have been working as JFCY's Public Legal Education team leader through my school's (the University of Toronto law school) Pro Bono Student's Canada program. 

My experience at JFCY as the PLE team leader has been memorable. Not only have I developed my legal research and writing skills but I have had the opportunity to gain knowledge in practical, day-to-day legal issues prevalent in the lives of children and youth. I gained knowledge through my research for this blog but also by working collectively with JFCY’s staff lawyers and the PLE team members I have learned more than any textbook could have taught me. 

What is my favorite part you ask? The PLE team of course! These monthly meetings have become something I look forward to. The team is composed of a great group of people, all hard working and dedicated. I had the opportunity to lead the team to create a trivia game to inform the youth community of their legal rights; “Who Wants to Be a Millionaire": Youth Criminal Justice Act ("YCJA") Edition. Through a cumulative effort, we created an interactive, entertaining yet, educational game which will be featured on our website shortly! Stayed tuned for that... 

Thanks for checking out our blog! We appreciate your support and we hope that we have tailored our blog posts to suit your interests. 

To learn more about the PLE Team click here.

To learn more about the Pro Bono Student Canada program click here.  

Consequences of Loitering

My name is John and I’m 14 years old. I live with my mother and my little brother. My mother usually allows us to chill with friends only when we have completed our homework, except she works at night so I often meet up with my friends when she is at work. She has no idea that I leave the house so late at night though. Often times, my friends and I hang out, ride our bikes and skateboard around the plaza’s parking lot right by my house. On several occasions security guards approach us and escort us off the property. They constantly escort us out of there and remind us that we were loitering, warning us not to return. We didn’t take their orders seriously and one night at around one in the morning when my friends and I were hanging out in the parking lot of the plaza the security guards caught us. This time, the security guard brought us home and spoke to our mothers. I got in a lot of trouble but I didn’t even know I was doing anything wrong? How come the security guard took me home? Why is my mother so mad?

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Section 79 (5) of the Child and Family Services Act, states that parents of children under sixteen cannot permit their children to be out without an authorized adult in public places between midnight and six am.  If parents or a designated adult are with the child in the public place, then it is okay and they can be out late.  But it is actually illegal for kids under age 16, like John, to be “loitering” in a public place or at a “place of entertainment” without a parent or designated adult between midnight and 6am. John was returned home to his parents because section 79(6), authorizes the security guard to return the child to a safe place.

John will not be arrested nor charged for loitering on public property at one in the morning, but there are possible consequences for his mother.  The Child and Family Services Act gives police the power to apprehend a child without a warrant if they find the child without a parent/adult in a public place between 12am and 6am.  Often, the police simply bring the child back to their parents’ home, as was the situation in which the security guard returned John to his home. However, depending on the circumstances and the level of concern for the child's well-being, the police do have the power to bring John into the care of a Children’s Aid Society, who can then commence child protection proceedings in court. This could affect John’s mother’s custody rights. The lack of attention that she was paying to John's actions could result in her being held liable. In other words, it can be very serious and this is likely why John’s mother was very upset.

THE RELEVANT LEGISLATION

Child and Family Services Act: Section 79

Allowing child to loiter, etc.

(5) No parent of a child less than sixteen years of age shall permit the child to,

(a) loiter in a public place between the hours of midnight and 6 a.m.; or

(b) be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child.

Police may take child home or to place of safety

(6) Where a child who is actually or apparently less than sixteen years of age is in a place to which the public has access between the hours of midnight and 6 a.m. and is not accompanied by a person described in clause (5) (b), a peace officer may apprehend the child without a warrant and proceed as if the child had been apprehended under subsection 42 (1).

  

This blog scenario was written by Deqa Abdi, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. JFCY's legal content is based on the laws in Ontario relevant to youth under the age of 18. 

Youth Employment Rights

EMPLOYMENT STANDARD ACT

The Employment Standards Act (ESA) sets out the rights and responsibilities of both employees and employers in Ontario.

MINIMUM AGE TO WORK

According to the ESA, young workers have the same rights as other employees in most Ontario workplaces. It is important to know that the minimum age for working in Ontario is 14 years old in most types of workplaces.

Regulations specify higher minimum ages for certain types of work and workplaces. For example, working in the kitchen at a restaurant requires you to be at least 15 years old. You also have to be at least 15 to work in laundries, shipping and receiving areas in grocery stores, automotive service garages, produce and meat preparation areas, and warehouses.

As long as John is above the age of 14, he will be legally allowed to work in the record store.

MINIMUM WAGE

Minimum wage is the lowest hourly wage an employer can pay employees. Employers must pay most employees, including young workers, at least the minimum wage.

The minimum wage rate for a certain job can depend on what kind of work an employee is doing and how old the employee is.  In Ontario, there is a general minimum wage rate that applies to most employees. There is also a student minimum wage rate that applies to many students under the age of 18. Students must be paid at least the student minimum wage if they are under 18 and they:

• work no more than 28 hours a week when school is in session, or
• work during a school holiday (for example, March break, Christmas break, summer holidays)

As John is a high school student and working during holiday time, his employer will have to pay him student minimum wage. 

Student minimum wage rate is $9.60 per hour (current as of March 18th, 2013)

This is John´s situation and $9.60 is the minimum amount he should be paid for each hour he works at the record store. John’s employer is paying John the appropriate, legal minimum wage for his age and the hours he works. 

Students who work more than 28 hours a week when school is in session are entitled to the general minimum wage. General minimum wage rate is $10.25 per hour.

If John decides to take on more hours during the school year, $10.25 is the amount that John should be paid per hour.

**There are some exceptions to the minimum wage requirements. 

• If you are participating in a high school “co-op” or work experience program authorized by the school board that operates your school
• If you are a college or university student performing work through your school program
• If you are training for certain occupations such as architecture, law, professional engineering, medicine, optometry
• If you are a student employed to instruct or supervise children and a person employed as a student at a camp for children (like a camp counselor)

HOLIDAYS

Ontario has 9 public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day

Most employees who qualify are entitled to take these days off work and be paid public holiday pay. They can agree in writing to work on the holiday and they will be paid: (a) public holiday pay plus premium pay for the hours worked on the public holiday; or their regular rate for hours worked on the holiday, plus they will receive another day off (called a "substitute" holiday) with public holiday pay. If the employee has earned a substitute day off with public holiday pay, the public holiday pay calculation is done with respect to the four work weeks before the work week in which the substitute day off falls.

The Right to Refuse to Work on Public Holidays

Most employees of a retail business have the right to refuse to work on a public holiday. As John is an employee in a retail business (record store), he should have the right to refuse to work and his employer can not threaten to fire him for this refusal. Even if John agrees to work on the public holiday in writing, he can still decline to work by giving the employer at least 48 hours notice before his work on the public holiday was to begin. 

This blog scenario was written by Tony Young, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. JFCY's legal content is based on the laws in Ontario relevant to youth under the age of 18. 

What Happens if My Friend Shoplifts?

Camilla’s high school is a ten-minute walk away from a mall so her and her friends usually go there during their lunch period.  In their most recent visit to the mall, Camilla and her friends go into a make up store because they want to buy the newest shade of nail polish.  While most of them grab a bottle and head to the checkout to pay, one of her friends, Natalie, says, “I’m just going to keep looking around.  I forgot my debit card so I’ll probably come back this weekend.”

Camilla is first in line at the checkout so when she is done paying for her nail polish, she goes to look for Natalie.  From a distance Camilla notices that Natalie is still in the aisle with the nail polish.  She continues to walk toward her and notices Natalie grab a bottle of the  nail polish off the shelf, throw it in her purse and then head in the opposite direction.

Camilla is shocked and doesn’t know what to do; she asks Natalie what she is doing. Natalie replies with a smile and tells Camilla “I’ll grab one for you too, act natural“. Camilla doesn’t want her to friend to be mad at her so she does as told.  One by one her friends finish cashing out and join her, then they all leave the store and head back to school since their lunch period is almost over.

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 WHAT WILL HAPPEN IF NATALIE IS CAUGHT?

If Natalie is caught shoplifting the nail polish, the store security may try to have her sign a document regarding the situation that asks her to take full responsibility for the incident and pay all of the related security costs. She does not have to sign this document but even if she does, she is not required to make the payment claimed.  The security may also keep her at the store until the police arrive but they must call the police within a reasonable time.

In Ontario law, you are responsible to compensate someone if you caused them harm by stealing things that belong to them or by trespassing on their property. However, if Natalie returns the nail polish that she stole, the stole will have lost no money as the shoplifted items have been recovered.

The store may also send a Civil Recovery Demand Letter. Stores often send these demand letters to people who have been caught shoplifting in their stores,or to parents of young people who have also been caught. These letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency, called "Civil Recovery" claiming the security costs of detecting shoplifters in their stores. The letters sometimes suggest that if you don't pay by a certain date the amounts will increase.  If you do not pay, the store might also start a lawsuit.

It is important to know that Natalie and Natalie's parents do not have to pay the amount in the letter. It is simply a threat that cannot be enforced unless it is found to be a valid debt in Small Claims Court. Her family does not need to worry unless they receive a Statement of Claim in the mail. In Justice For Children and Youth's experience - this does not happen.

Natalie's parents can rest assured as well that no harm will come to their credit rating as a result of these letters. 

If the store chooses to call the police, she may be charged under s. 322 of the Criminal Code. This offence is for committing theft:  ...fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it.

WHAT ABOUT CAMILLA?

Camilla does not have a legal obligation to report Natalie’s theft to employees of the store, to the police or even to her parents. However, If Camilla does not try to stop Natalie or leave the situation, she may be charged as a party to the offence. This is a criminal offence in the Criminal Code of Canada. Under s.21 (1) of the Criminal Code, everyone is a party to an offence who: (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it. Section 21(1) describes three situations where a person is a “party,” i.e., criminally responsible for the conduct of another. In order to be found guilty of the offence or for the charge to be reasonable, there must be some evidence that Camilla intended to assist Natalie  or that she stood somewhere so that the store wouldn't notice Natalie put the item in the bag. 

For more information on what shoplifting and Civil Recovery letters check out some of our past blogs and videos:

Past Blogs on Shoplifting

Part 1 - http://jfcy1.blogspot.ca/2010/10/guest-blogger-tracy-on-shoplifting.html

Part 2 - http://jfcy1.blogspot.ca/2010/10/guest-blogger-tracy-shoplifting-part-ii.html

Video – Civil Recovery Letters

http://jfcy1.blogspot.ca/2011/09/video-civil-recovery-demand-letters.html

Informational Pamphlet: Shop Lifting Demand Letters

http://www.jfcy.org/PDFs/ShopliftingDemandLettersApril%202012.pdf

Informational Pamphlet: Youth Criminal Court Guide

http://www.jfcy.org/PDFs/Charged_March2012.pdf

For further advice or information:

Justice for Children and Youth (if the letter involves a person under 18) GTA: 416-920-1633

Elsewhere in Ontario: 1-866-999-5329

Your local community legal aid clinic: www.legalaid.ca

Lawyer Referral Service 1-900-565-4577 or if under 18 call 1-800-268-8326 (no charge)

This blog scenario was written by Marsha Rampersaud, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.

Theft in a Shopping Mall

  

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Shirley is a 18 year old high school student.  Both her parents work during the day, so they only see her at night. She makes her own breakfast and dinner, and travels to school on her own. She is always studying and receiving good marks for her studies. On her birthday, she wanted her parents to take a day off to spend it with her, but they were too busy and couldn’t go. Shirley was sad but her friends tried to cheer her up and persuaded her to go out to the mall and watch a movie. They arrived at the shopping mall first and they separated ways looking for different clothes. She came across a jewelry store and decided to steal something.  Shirley looked around to see where the cameras were and kept eyeing a necklace in the corner of the store. She slightly opened her bag and slipped the necklace in while nobody was looking. Slowly, she headed towards the exit and had her head down. The alarm went off and the salesperson approached her asking if she could take a look at her bag. The salesperson then found the necklace which she didn’t pay for and called mall security. Her parents arrived at the scene and took her home. Shirley has never committed any type of crime before and she admitted to the security that she had stolen the necklace. The necklace itself was $20 and she handed it to the security.

What will happen to Shirley?

i) Store Security Guard May Try to Have Shirley Sign a Document Requiring Payment Before Allowing Her to Leave the Store.

Shirley does not have to sign this document and even if she does sign the document, she is not required to make the payment claimed. It is not legal for someone to threaten to have you charged by the police if you do not sign a document or do not agree to pay them money. It is not legal for someone, other than a police officer, to refuse to let you leave if you do not sign a document. It is legal for the security guard to keep you at the store until the police arrive. If they do call the police, they must do so within a reasonable time.

ii) Store Security May Call the Police

When the police arrive, they may decide to charge Shirley with theft. They might ask her to appear at the police station for photograph and fingerprints and to appear in court. The police may give Shirley an Appearance Notice that sets out the date, time, and location of her required appearances for the identification process and for court. It is a criminal offence to not attend for either of these purposes. If she fails to go, she will likely be arrested and charged with further criminal offences. If Shirley does not receive notice of a court date, she was not charged with an offence.

iii) Shirley May be Charged with an Offence

The police may charge Shirley under the Criminal Code of Canada section 322. This offence is for committing theft: "...fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it."

Section 322 (2) of the Criminal Code of Canada outlines when the time of the theft occurs. As Shirley concealed the jeweler item on her person (in her bag) it is possible that a court may view this as “moving” the property such that the theft occured upon her putting the jewelry in her bag: “A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.”  

However, it is important to be established whether Shirley intended to pass the cashier or exit or did in fact pass the cashier and exited the jewelry store with the necklace in her bag. 

Furthermore, because she is over 17 she will be charged as an adult and not under the Youth Criminal Justice Act

iv) The Store May Send Shirley a Civil Recovery Demand Letter

Some retail stores send demand letters to people who have been caught shoplifting or to parents of young people who have been caught. In this case, the store has recovered the item Shirley had stolen as she admitted the theft and rightfully handed it back to the security. Therefore, the store will not be claiming the value of the jewelry item that was stolen but will be claiming security costs; the costs associated with detecting shoplifters in their stores. The letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency. The letters themselves are not the same as a court order and she can choose to pay the amount or not. If she does not pay, the store can start a lawsuit. However, it is rare for the lawyer or company to follow up with a court action if someone refuses to pay. So, she can choose to ignore the letter. Because the item has been returned, it really is Shirley’s decision whether she feels morally obligated to pay any money to the store without a court order.

v) Shirley May Not be Allowed to Enter the Store or the Mall for A Period of Time

The security may issue a notice under the Trespass to Property Act banning Shirley from their stores. Shirley should take this very seriously and not return to the store or the mall until the requisite time period has elapsed. If she does return before this time, she will be trespassing as she is on the property without permission and could be charged.


This scenario was written by Ying Yi, a volunteer on JFCY's PLE team. 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 lawyer. JFCY's legal content is based on the laws in Ontario relevant to youth under the age of 18.

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.

Break and Enter

During a cold winter night closer to Christmas, a group of 18 year olds—Alan, Chris, Kyle and Jason—were hanging around the park where they noticed a van pull out of the driveway across the street filled with luggage sets. In curiosity, the group approached a dark non-lit house and rang the doorbell. No answer. They tried to peek into the window and noticed a large Christmas tree surrounded by large presents. “Maybe this family left for a vacation…no one’s around…” the boys assumed.

The next day, the boys came back to the same house in the afternoon and watched as the neighbours pass by the house. “Let’s come back tonight and see if the van is parked in the driveway,” Kyle commanded. Later that night, approximately 11pm, the boys approached the house and still noticed that the driveway was empty and the house remained unlit. Filled with excitement, Kyle guaranteed the rest of his friends without a doubt that the family who owns the house is on vacation. Kyle, then, gathered around his friends Alan, Chris and Jason suggesting to break into the house and steal the presents. 

At 3AM, Chris drove his white van and pulled into the driveway along with Jason, Kyle and Alan who wore dark clothing and masks. Kyle rang the doorbell one more time to make sure that no one was home… no answer. All 4 boys, then, went to the backyard and threw a piece of stone to break the glass window. As they broke in, they took all the presents under the Christmas tree and also a laptop that was left in the living room. They ran out through the front door with all the things they found, hopped into the van, and drove away.

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What are the legal ramifications of this scenario? 

In Canada, the crime of burglary is referred to as “breaking and entering" or "B&E”. All four boys can be charged with the offence of break and enter under s.348 of the Criminal Code of Canada. The offence of break and enter encompasses situations where the accused was or attempted to trespass on private property with an intent to commit an offence or actually committed the offence. Break and enter does not require any damage to the property entered. All that is required is any entrance into the property by even a part of one's body (s.350 of the Criminal Code of Canada). The key evidence for a conviction of such an offence is circumstantial. For this reason, the identity of those charged as well as evidence of possession of the stolen items are often important indicators. If there was a neighbor or third party on the street who saw these boys, or if a parent, friend, sibling finds the stolen goods or if one of the boys involved comes forward, it is probable that the boys will be charged based on this evidence.

Importantly, if you are charged with a crime after you turn 18, the YCJA is no longer applicable and you will be charged under the Criminal Code of Canada. These four boys are over 17 years old, and will be charged under the Criminal Code of Canada.

Legislation: Criminal Code of Canada

348. (1) Every one who

(a) breaks and enters a place with intent to commit an indictable offence therein,

(b) breaks and enters a place and commits an indictable offence therein, or

(c) breaks out of a place after

(i) committing an indictable offence therein, or

(ii) entering the place with intent to commit an indictable offence therein, is guilty

(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

350. For the purposes of sections 348 and 349,

(a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

(b) a person shall be deemed to have broken and entered if

(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

(ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

This blog scenario was written by Karen Jacobe, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.