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.

http://postmediaottawacitizen.files.wordpress.com/2012/10/shoplift.jpg

 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.

Child Protection: How you can help a friend in need

Daniel is fourteen years old and in grade nine.  He is on his school’s junior basketball team, and practices in the mornings before school.  One morning Daniel and his teammates are in the change room, suiting up for their basketball practice.  They are all talking about an upcoming game against their rival school.  Daniel’s friend Eric is changing next to him.  When Eric is changing into his basketball jersey, Daniel notices a huge bruise on Eric’s shoulder.  Daniel asks him about it and Eric immediately says, “Oh it’s nothing. I’m such a klutz – I fell down the stairs yesterday!”  With that Eric finishes changing at lightning speed and practically runs out into the gym, away from Daniel.  Daniel gets an uneasy feeling in his stomach.

At the end of the day, Daniel and Eric walk home from school together.  At first Daniel keeps the conversation light, talking about class and their upcoming basketball game.  But Daniel can’t shake the uneasy feeling about what had happened that morning.  Daniel decides to bring up the subject with Eric.

“Eric, that bruise on your shoulder looks pretty bad.”

Eric’s walk slows, but he responds, “Oh, it’s nothing.  It doesn’t hurt that bad.  It was my fault, I fell on the ice at hockey practice last night.”

“But this morning you said that you fell down the stairs.” 

“Yah…  I fell down the stairs and I tripped on the ice – I’m a klutz.  Drop it.”

Daniel doesn’t want to drop it.  He has a terrible feeling and asks, “Eric, did someone give you that bruise?”  Eric won’t make eye contact with Daniel and doesn’t answer the question.   Daniel says, “I’m just worried.  Are you okay?”

Eric asks Daniel if he can keep a secret; Daniel says, “Of course.”  Eric then confesses to Daniel that the bruise wasn’t an accident.  His stepfather got angry last night when Eric forgot to unload the dishwasher, and he hit him. 

“Eric, that’s not a reason for him to hit you.  You should tell your mom… or Mrs. Matthews the principal.  I’m sure that one of them can help.”

Eric responds, “Look it was my fault.  It’s always my fault!  I should have unloaded the dishwasher.  I always forget to do stuff, and if I didn’t he wouldn’t have to remind me!  I just have to be better.  I’m not telling anyone.  And you promised you wouldn’t say anything!”

Daniel says, “Yah I promised, but…”

“No ‘buts’! You promised!”

“Okay, okay.  I won’t say anything.”  Daniel promises. 

That night, Daniel wants to talk to his parents about what Eric said, but he is afraid that he will get in trouble, or that he’ll get Eric in trouble.  And he doesn’t want to break Eric’s trust.

http://www.papsyblog.org/2011/11/doctors-might-miss-some-cases-of-child.html

WHAT CAN DANIEL DO?

Daniel can tell his parents, or Mrs. Matthews the principal or one of the teachers about the information that Eric told him.  Abuse is harm that can take many different forms, including both words and physical actions. No person ever deserves abuse, and regardless of whether Eric forgot to do his daily chores or misbehaved, his stepfather has no right to hit him in anger. Eric needs to realize that it is not his fault and he by no means deserves the abuse from his stepfather. 

The adult that Daniel chooses to confide in about his concerns for Eric may talk to Eric to find out what is going on.  If this adult thinks that Eric is being abused then he/she has a legal duty to report the situation to the Children’s Aid Society (CAS).  The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. CAS also works with families to help take better care of their children. According to Ontario law, every member of the public must contact CAS to report suspicions if they have reasonable grounds to believe that a child is being abused or neglected. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, if Daniel speaks to an adult, the adult will have a duty to report suspicions of abuse (bruise on Eric’s shoulder and his explanation of it). CAS has the authority to investigate a situation if they are contacted.

IF CAS IS CONTACTED:

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit Eric’s family home and talk to the family. They may also talk to other people, such as Eric’s teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children. It is important to note that if a decision is made for you to be removed from your home against your parents wishes then the case would have to be heard in court. Children in Ontario have the right to lawyer from the Office of the Children's lawyer who would represent your best interests at court. 

NOTE:  Having involvement from a Child Protection Agency can be scary and overwhelming. It is important for a young person to know that they have rights and there are agencies that can help explain what is happening and offer support and advice. 

If live in Ontario and are under 18 and you have questions about child protection you can call us at Justice for Children and Youth for more information and legal advice at (416) 920–1633 or 1-866-999-5329. It is important to note that while most adults who Eric spoke to about his situation may have a legal obligation to report their suspicion/concern to the local child protection agency this rule does not apply to youth who contact a lawyer for legal advice. Most of the time, a lawyer will not be obligated to report a child protection concern.  If you want legal advice - call and we'd be happy to speak with you. 

Furthermore, if a local child protection agency has been contacted and you want added assistance the Office of the Provincial Advocate for Children and Youth has advocates who are happy to assist young people who want help advocating for their rights related to entering into care. You can contact them by calling 1-416-325-8326 or 1-800-263-2841.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

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.

What is Conditional Supervision? What Happens if you Breach it?

Section 105 of the Youth Criminal Justice Act outlines the terms of conditional supervision.  Conditional supervision occurs when a young person has been sentenced for a particular offence and serves their sentence in the community, instead of in custody. 

Conditional supervision can also occur when a young person has completed part of their sentence in custody and after release must satisfy the rest of their sentence in the community. 

According to section 105, these conditions require that the young person

(a) keep the peace and be of good behaviour;

                        (b) appear before the youth justice court when required by the court to do so;

                        (c) report to the provincial director (ie "probation") immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

                        (d) inform the provincial director immediately on being arrested or questioned by the police;

                        (e) report to the police, or any named individual, as instructed by the provincial director;

                        (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

                                    (i) in that address,

                                    (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

                                    (iii) in the young person’s family or financial situation, and

                                    (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

                        (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

                        (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society. (YCJA)

Additional conditions may be set at the discretion of the Provincial Director who may take into account the young offender’s residence, employment, etc.

If a youth breaches one of these conditions, there are some possible consequences. These consequences are outlined in section 106 and section 107 of the Youth Criminal Justice Act.

1.     Suspension of the conditional supervision.

2.     A warrant may be issued for the young person’s arrest and apprehension.

3.     The young person can be required to go (back) to a youth custody facility.

4.     Additional conditions may be placed on the young person before they are released back into the community

In the worst case, a breach of a condition may mean returning to custody and/or adding time to a sentence.  Additionally, a breach of conditional supervision can mean that the youth is charged with another offence. 

If you have specific legal questions relating to your situation, please contact JFCY at 416.920.1633

This blogpost was written by Marsha Rampersaud, a JFCY volunteer on the PLE team . All info was reviewed by a JFCY staff lawyer. 

Human Rights: Sexism

Scenario:

Joyce is starting high school this year and she couldn’t be more excited!  As the reigning 100 meter regional track champion she is looking forward to the challenges that training on a high school team will bring.

Three weeks after the start of classes Joyce sees a posting on the Phys. Ed. bulletin board for track tryouts.  She quickly signs up for the 100 meter tryout which will take place after school that day.

When she arrives after school she stretches and warms up with the other candidates, but is a little surprised that there aren’t any other girls trying out for the team.

When the coach arrives at the field, he begins yelling instructions to divide everyone into groups of runners.  Joyce listens and joins the other 100 meter candidates. 

When the coach approaches their group, he notices Joyce and says with a smile, “Honey, young ladies can watch and cheer from the bleachers.  You’ll have to let your boyfriend try out on his own.”  The other boys let out a little giggle at this.

“Oh no coach.  I’m trying out for the 100 meters team too.”

“Sorry, but this is a boys team,” the coach says, more seriously.

Joyce laughs at her own mistake.  “Oh sorry coach.  I didn’t know there was a separate tryout for the girls team.  In middle school everyone tried out together, and they would take the best runners for each of the teams.  Do you know when the girls tryouts are?”

“There is no girls team at this school.  Track is really a boys sport” the coach replied.

Stunned, Joyce has no response.  She is shocked that anyone would think that a sport could be for only girls or boys; she has always been taught that anything boys can do, girls can do too. 

How can Joyce respond?

Human Rights Law in Ontario

In Ontario, we are all protected from discrimination as a result of a provincial law called the HumanRights Code.

However, not all discrimination is protected by the Ontario Human Rights Code. For example, the Human Rights Code does not legally protect discrimination that happens between two private individuals (such as ex-partners or friends). The Human Rights Code deals with discrimination in the following social areas: employment; housing; contracts; services, goods and facilities; and unions or occupational/professional associations.

School, including elementary, secondary and post-secondary is considered a “service”.  The result is that Joyce is legally protected from discrimination that occurs at school.  According to the Human Rights Code, her teachers, guidance counselors and school sports coaches are not allowed to discriminate against her.

What is discrimination?

Treating someone unfairly may be discrimination if the unfair treatment is because of one of the following characteristics or grounds: race; colour, ancestry, place of origin, citizenship, ethnic origin, creed (religion), receipt of social assistance (housing only), sexual orientation, marital status , family , status, record of offenses (employment only, must have been pardoned), age, disability, and sex (includes gender identity and being pregnant).

Discriminatory treatment includes denying someone a benefit, excluding someone from an opportunity and/or imposing a different obligation on someone, or harassing someone because of a characteristic listed above.

In order to make out a claim for discrimination under the Human Rights Code you need to show evidence of a link between the bad conduct and a protected ground.  And the discrimination had to have occurred in one of the protected social areas.

In Joyce’s situation, she experienced discrimination on the ground of sex and the discrimination occurred in the social area of services (ie school).  The link between the bad conduct and the protected ground is clear.  Joyce is female and she was told by the coach that she could not try out for the school track team because she is female. The coach imposed discriminatory treatment on Joyce by denying her the opportunity to try out for the team. He treated her differently only because she is female.

What can Joyce do?

Joyce can file an Application (commonly called a “human rights complaint”) to the Human Rights Tribunal of Ontario.  A Tribunal is like a court, but it is specialized in a certain area of the law (in this case, human rights law) and is a bit less formal than court. 

Sometimes it is best to try and work it out with the person or organization causing the discrimination before filing at the Tribunal, as situations can sometimes resolve without having to take the serious legal step of starting a case.  For example, Joyce can talk to her Principal about this unfair rule and see if she or he is willing to talk the coach into letting girls try out for the team.

It is always best to speak to a lawyer if you feel you are experiencing discrimination.

If you are under age 18 and live in Ontario, you can call Justice for Children and Youth at 416.920.1633 (or toll-free at 1.866.999.5329) to talk to a lawyer for free.

If you are any age and live in Ontario, you can contact the Human Rights Legal Support Centre: http://www.hrlsc.on.ca/en/Default.aspx

To read the Ontario Human Rights Code click here.

This scenario was written by PLE Team volunteer Marsha Rampersaud.  Legal info was written by JFCY.

Fighting back: SELF DEFENCE AND THE LAW

Scenario

Jared, a grade ten student, is walking home from a friend’s house one night when he sees three grade twelve boys who go to his school. He remembers that these boys are tough and have been in several physical fights. Jared attempts to pass by the boys without any confrontation, but the boys stop him in his path and start asking him questions.

“Where are you going so fast?” says one.

“Can’t say hi?” says another of the boys.

Jared begins to feel intimidated. He attempts to walk around the boys but they push him back in front of them. Jared retaliates in reaction, punching one of the boys and breaks the boys’ nose. The response stuns the boys and Jared quickly runs away, escaping the boys. When he gets home he tells his parents what has happened, and they encourage him to call the police and let them know what has happened.

Legal questions:

When the three boys surrounded Jared and shoved him, was this considered assault?

If yes, does this qualify Jared’s reaction (a punch) as self-defense?

Legal answers:

Many youth feel that if someone else throws the first punch (for example) then anything that follows is legally acceptable since they are acting in ‘self defence’. This is not always the case. It is important to understand what self-defence really is.

1. Yes, this is an assault. An assault involves any application of force, or touching, to another person without their consent. This includes shoving them, or hitting them with something, or using your fists. It would also be an assault if the boys threatened Jared or attempted to hit him and missed, as long as Jared reasonably believed they could do so if they wanted. Swinging a punch at someone and not hitting is still an assault.
2. Yes, this does qualify Jared’s reaction as self-defence. Every person who is unlawfully assaulted without having provoked the assault is justified in repelling that force, using his or her own force, so long as that force is not intended to cause death or grievous bodily harm, and is no more than necessary to defend him or herself.
3. As mentioned above, self-defence must not be intended to cause death or serious bodily harm, and it must be no more than necessary to defend yourself. If someone punches you, you don’t have the right to punch them until they are seriously hurt or killed. Self-defence must be both reasonable and necessary in the circumstances.

Blog post by PLE Team Volunteer Marsha Rampersaud and JFCY summer law student Jeremy Ozier.

BULLYING ZINE

Just in time for the Day of Pink, the JFCY PLE Team has released its Bullying Zine. Click here to read it!

This zine has articles and info on many topics relating to bullying, as well as comics and other graphics. It was directed and edited by Leora Jackson, a U of T law student who volunteered at JFCY this year as part of Pro Bono Students Canada.

The content in the zine was written by the following PLE Team volunteers: Terence Chen, Tracy Chen, Arif Hussain, Marsha Rampersaud, Cydney Kim, Deby Ko, and Inez Leutenegger. The legal info was reviewed by JFCY staff lawyers.

Members of the PLE Team will be handing out copies today at Dundas Square, as part of the Day of Pink, the International Day Against Bullying, Discrimination, Transphobia and Homophobia in schools and communities.

For your own copy, and to distribute to your class, community group or friends, click here.

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)