The Law and Youth Novice Drivers in Ontario: Part 3

Being young and driving with a G2 license in Ontario: What the law says

This is Part Three of a three-part series on the law around novice driving and graduated licensing in Ontario. To see the scenarios on which this part is based, click here and here. The legal info was written by JFCY. 

Image source: http://www.ontario.ca/driving-and-roads/buy-or-sell-used-vehicle-ontario

Novice Drivers in Ontario

Before getting behind the wheel, youth novice drivers should be informed of various different laws, including the G2 License rules, the Highway Traffic Act, the Liquor Licence Act and the Criminal Code ofCanada.  

G2 License rules and possible offences

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Number of Passengers:

Novice drivers must be careful about following the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If a novice driver has had their G2 license for less than six months and is aged 19 and under, s/he cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Under the graduated licensing system, what are the consequences of drinking and driving for novice drivers?

Drinking and driving leads to accidents, including death and injury.  It can also lead to charges being laid against the driver, fines and license suspensions, and the impoundment of a vehicle.

In Ontario, if you are age 21 and under, there is a zero blood alcohol concentration (BAC) rule while driving.  (See s. 44 of the Highway Traffic Act) This means that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days. There are also possible criminal charges (see below). 

If you are a young driver with a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licensing System.  For example, this means that if a young person has her/his G2 and is caught drinking, s/he may lose her G2 licence (which allows her/him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences.

Criminal Code offences

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.

If the person being charged is between the ages of 12 and 17, the Youth Criminal Justice Act will apply to them.  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 these young people. 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.  

Liquor License Act offences

It is an offence under s. 32 of the Liquor License Act to operate a motor vehicle while there is open alcohol in the car.  You can be charged even if you are not the person drinking and even if you have had nothing to drink at all.

Caught in a bind? What are some other options?

Sometimes youth and novice drivers chose to drink even though they had agreed to be the designated driver.  Now they have another decision to make: drive home or find alternative options.  If an impaired person chooses to drive home, they risk the safety of themselves, their friends, and others on the road.  They also risk being caught driving while impaired, either because of an accident or because they are stopped by a police officer, which could have a serious impact on their ability to drive in the future.  If they drive home drunk, they may also have to consider what will happen if their parents/guardians find out about what they have has done.

Instead of driving home, drivers who have been drinking can find out whether one of their friends has a parent or sober friend who would be willing to pick them up.  They can pick up the car in the morning.  If one of their friends lives nearby, everyone might be able to stay there for the night.  Or, they and their friends friends can share a cab – 1-888-TAXIGUY is a toll-free number which is available in 250 towns and cities across Ontario.  It connects callers directly to a partner taxicab in their city. 

This post was written by JFCY. 

The Law and Youth Novice Drivers in Ontario: Part 2

This is Part Two of a three-part series on the law around novice driving and graduated licensing in Ontario.  This scenario was written by JFCY PLE Team volunteer Leslie-Anne Walker, a student at Ryerson University. To see Part 1, click here and to see Part 3, click here.

Scenario: Alicia and the grade 12 house party

Alicia is a seventeen-year old Grade 12 student who has just gotten her G2 license. Tonight she’s going to a holiday house party with some friends who will be drinking, despite the fact that they’re not yet age 19. Normally Alicia will have a few drinks at parties as well, but tonight she’s so excited about her new license that she decides to "take one for the team" and be the designated driver.

That night, her friends decide to meet up at their friend Natalie’s house to have a few drinks before heading to the party. Everyone’s having fun and they lose track of time. Before they know it, they’re running late: it is after midnight! Everybody rushes to finish their drinks and get their coats and boots on, but Natalie has just cracked open a new vodka cooler. Natalie insists she bring the cooler with her in the car, because leaving it “would be a waste.” Natalie is clearly intoxicated, and Alicia doesn’t want to spoil the good mood everyone is in by picking a fight, so she figures“whatever, she’s not the one driving so who cares?”

On the way to the party, they come across a R.I.D.E. program checking for intoxicated drivers. As she pulls up to the police officer on her side of the road, Alicia is worried for her friends, who are all underage and clearly intoxicated. Still, she’s grateful that she hasn’t touched any drinks and isn’t doing anything wrong herself. She rolls down her window, and the officer peers inside.

“Good evening, have you had anything to drink tonight?” he asks.

“Nothing at all,” says Alicia, looking him straight in the eye.

But the officer isn’t looking at Alicia; he’s looking at the backseat.

“Is that open liquor in your hand?” he asks Natalie, who is clearly too drunk to have even attempted to hide the bottle.

'Oh no, poor Natalie,' thinks Alicia as she cranes her head around to cast her friend a sympathetic glance. 'She’s only 17; she could get in a lot of trouble for underage drinking.'

But when Alicia turns around again, the officer is addressing her. “It’s illegal to have open alcohol in your car miss. License and registration, please.”

“What?” thinks Alicia, her head spinning. With her heart pounding, she reaches for the glove compartment.

Legal Troubles for Alicia?

While Alicia made a smart choice to keep her friends safe by not drinking and driving, she could still have some legal trouble as a result of driving in these circumstances. 

Since Alicia is a novice driver and under the age of 21, she can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   

Here is a quick summary of some the charges that Alicia could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Since it is illegal to drive when there is open alcohol in the car, Alicia could be charged under s. 32 of the Liquor Licence Act.

2) Because Alicia is under age 19 and has had her G2 license for less than six months, she was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

3) The passengers in Alicia's car have consumed alcohol while under the age of 19 and thus can be charged under the Liquor Licence Act.

For a full explanation of these laws, stayed tuned for Part 3 of this blog series.

This post was written by JFCY PLE Team volunteer Leslie-Anne Walker.  Legal info by JFCY.

The Law and Youth Novice Drivers in Ontario: Part 1

This is Part One of a three-part series on the law around novice driving and graduated licensing in Ontario.  This comic was created by JFCY PLE Team volunteer Tony Young, a grade 12 student at Bayview Secondary School.

Since Josh is a novice driver and under the age of 21, he can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   Here is a quick summary of some the charges that Josh could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Because Josh drove while having alcohol in his system, thus violating the Highway Traffic Act law that says novice drivers under age 21 cannot have ANY alcohol in their system while operating a motor vehicle.

2) Depending on the level of blood alcohol in his system and his level of impairment, Josh may have committed the Criminal Code Offences of 'driving with a blood alcohol concentration of more than 0.08' and 'driving while impaired by alcohol'.

3) Because Josh is under age 19 and has had his G2 license for less than six months, he was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

4) Josh ran a red light and could be charged with an offence under the Highway Traffic Act and/or Criminal Code.

5) Josh consumed alcohol while under the age of 19 and thus could be charged under the Liquor License Act.

To see a related scenario, click Part 2. For a full explanation of these laws, see Part 3 of this blog series.

The above comic was created by JFCY PLE Team volunteer Tony Young.  Legal info by JFCY. 

Sex and Booze on Prom Night: Legal Issues

Scenario

Andrew just turned 20 years old and graduated from high school this week.  This Saturday he is going to prom with his 14-year-old girlfriend, Maria, who is in grade 9. Andrew and Maria have been dating for about six months and Maria has decided that she would like to lose her virginity to Andrew at prom.

On prom night, Andrew’s parents are not home. Andrew grabs several of the beers from the fridge and puts them in his backpack.

Once he arrives at prom, Andrew gives several of the beers to his friends to drink.  These friends are all under age 19. His girlfriend Maria also grabs a beer from Andrew’s backpack and mixes it with her pop. She drinks the alcoholic beverage without the teachers noticing. 

Andrew and Maria are having fun at prom and dancing to the music. They decide to sneak into the washroom to have sex.  Luckily no teachers come into the washroom but a couple of students walk in and then run out in embarrassment.

Will Andrew and Maria face any legal repercussions from their actions on prom night?

LEGAL INFORMATION:

Sexual Activity and the Age of Consent

The age of consent refers to the age at which a young person can legally consent to sexual activity. All sexual activity without consent, regardless of age, is a criminal offence. 

Whether to consent to sex is always your decision. The Canadian law requires that all people participating in sexual activity must give their own consent: you decide whether you want to be involved in any kind of sexual activity, from kissing and touching to intercourse. 

However, the law sets some limits on that, so that it is illegal if you are below a certain age to be sexually involved with certain other people. This means that if you are too young to consent to sex with a particular person, that older person could be charged with a criminal offence. 

The general age of consent for sexual activity in Canada is 16 years. This means that if you are 16 or older, you can consent to sex with anyone older than you.

The Criminal Code provides "close in age" or "peer group" exceptions whereby a 14 or 15 year old can consent to sexual activity with a partner as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. 


A similar exception exists for 12 and 13 year-olds: they can consent to sexual activity with a partner who is less than two years older than them.

In all of these cases, however, if you are under 18, you cannot legally consent to sex with someone who is in a position of trust or authority over you (like your teacher, swim coach, Pastor). That person could be charged with a criminal offence.

In this prom scenario, because Maria is only 14 and Andrew is six years older than her, any sexual activity between them is illegal. This includes kissing and sexual touching. Andrew could face serious punishments for this as a regular sexual assault (see Criminal Code section 271) or the child-specific criminal charge of sexual interference or invitation to sexual touching (see Criminal Code section151 and 152).

For more info on the legal age of consent for sexual activity, check out JFCY’s YouTube video here, and the Government ofCanada’s website on this issue.

Underage consumption of alcohol

Maria is too young to legally consume alcohol.  According to ss.30(8) of the Liquor Licence Act,  it is illegal for a person under the age of 19 to have, consume, attempt to purchase or otherwise obtain alcohol. The only exception to this prohibition is where parents provide alcohol to their own children, at home with parental supervision.

Andrew is also in violation of the Liquor Licence Act for knowingly providing his underage friends with alcohol.

Both Maria and  Andrew may be charged under the Liquor Licence Act and be made to appear in Provincial Offences Court.

Sex on school property

Depending on the school’s Code of Conduct, the school principal may decide to sanction Maria for illegally consuming alcohol and having sex on school property. It is possible that she could be suspended.  (To read more about suspension, check out JFCY’s legal info pamphlet. 

Since Andrew has already graduated, the school can't suspend him but they could make a report to the police and refuse to let him back onto the school property in the future.

This scenario was written by PLE Team volunteer Tracy Chen, a joint LLB/MBA student at York/Osgoode.  The legal info was written by JFCY summer law student Robin McNamara (UofT) and reviewed by a JFCY lawyer. 

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Photo sources: 

Dress - http://www.chicagotribune.com/features/style/sns-prom-bad-dresses-pictures,0,3304913.photogallery

People drinking: http://www.bcmj.org/blog/raise-glass-new-canadian-alcohol-guidelines-take-break-tomorrow