The Law About Drinking & Driving

Andy and Sam, both grade twelve students, are looking forward to an exciting weekend. Andy’s parents are out of town and have agreed to let him use their car while they’re away. Andy has just passed his G2 driving test and is eager to cruise around town with his friends.     

One of Andy and Sam’s friends is having a huge party this weekend. Because the house party is in another neighborhood about thirty minutes away from where Andy and Sam live, Andy happily offers to drive to the party. On the way, Sam shows Andy the six-pack of beer he snuck out of his house. Andy refuses, saying he’s not going to drink at the party because he’ll be driving later.

A couple hours later, Andy feels a bit out of place, as everyone else at the party is drinking. He decides to have one beer, thinking that he will still be able to drive safely if he only has one. However, after having the first beer, Andy has three more, thinking that he might as well enjoy himself, and anyway, he feels fine.

As the party winds down, Sam and Andy decide to leave. Sam notices that Andy doesn’t look too steady, and stumbles a bit on the way to the car. When he learns that Andy has had four beers, he tells him that they should probably call a taxi or stay at their friend’s house, because he is too intoxicated to drive. Andy brushes him off, and tells him that he’s fine to drive home. Although Sam has a G2 licence, he knows that he has also had too much to drink to drive.

What are the legal ramifications of drinking and driving, specifically for young people under the age of 21, and for G2 drivers?

 http://www.voiceonline.com/drivers-fined-for-drunk-driving-earlier-will-not-get-refund/

Drinking and driving is a deadly combination and a serious issue. It can lead to injury and death to other drivers on the road as well as other passengers in the car. In fact, drinking and driving accounts for 25% of deaths in Ontario. For this reason, the legal ramifications are quite serious. There can be charges laid against the driver, fines and licence suspensions, jail time and a vehicle being impounded.

Ontario Law

In Ontario, the police have the power to (a) stop drivers at random to determine whether to test for alcohol (via a breath test) (b) suspend your driver’s licence for novice drivers and all young drives below the age of 21, who at roadside for recording  have over a zero blood alcohol concentration (BAC) or (c) suspend driver’s licence at roadside for recording 0.05  or over on a breath test and BAC for all other categories of drivers. This means that if you are under 21 years old, 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.  If you are a young driver with only a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licencing System.  As Andy is only 16 years old and has just gotten his G2 license, he is considered a novice driver. This means that if he is caught drinking, he will be subject to any of the above. He may lose his G2 licence (which allows him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Source: Ontario Ministry of Transportation Drinking and Driving Brochure 

Criminal Code of Canada

Andy can also face more serious consequences. Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences. 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 (800mg of alcohol/100 mL of blood) or more is also a crime under Section 253(1)(b). Interestingly, the vehicle does not even have to be moving. The driver can even be charged if impaired behind the wheel, even if he/she has not started to drive and the keys are not in the ignition. 

The provisions of drinking and driving offence in the Criminal Code of Canada: Operation While Impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

According to Section 254 of the Criminal Code, if the police have reasonable grounds to suspect that a person is under the influence of alcohol, it is an offence to refuse to take a physical coordination test or breath test.

Youth Criminal Justice Act

Since Andy is a youth (between the ages of 12-17), the Youth Criminal Justice Act will apply to him, and not the Criminal Code offences. As a result, it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with Johnny. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or a lawyer.  Also, police must speak to youth using words that the youth is able to understand.  

REMEMBER:

Every injury and death caused by impaired driving is entirely preventable. There are other options and if you are ever in the same situation as Andy and Sam do not forget: Call a taxi, call a friend or a parent, walk home if you or carpool with others who haven't been drinking. Don't ever let your friends drive drunk. Take their keys, have them stay the night, or do whatever else is necessary - but don't let them drink and drive!

This blog scenario was written by Rachel Kattapuram, a first year law student at the University of Toronto and 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. 

November 20: Universal Children's Day

Photo source: http://www.timeanddate.com/holidays/un/universal-childrens-day

            On November 20^th, 1959 the United Nations General Assembly adopted the “Declaration of the Rights of the Child.” This declaration includes such principles as special protection by the law to enable children to develop physically, mentally, morally, spiritually, and socially, in conditions of freedom and dignity; entitlement to a name and nationality; the benefits of social security; free and compulsory elementary education; first priority in receiving protection and relief; and protection from practices which may foster racial, religious and other forms of discrimination.  

            Thirty years later, on November 20^th, 1989, the Assembly adopted the “Convention on the Rights of the Child.” These includes such conventions as, the definition of the status of “child,” protection from discrimination, societal protection, recognition of a child’s inherent right to life, and a child’s right to preservation of his or her identity, among many others.

            This milestone date, November 20, is now an internationally recognized Universal Children’s Day, intended as a day dedicated to promotion of the objectives of the Canadian Charter of Rights and Freedoms and the welfare of children globally. In 2000, world leaders also developed the Millennium Development Goals, six of which are directly related to the universal welfare of children.

This year, JFCY is holding its Annual General Meeting to coincide with Universal Children's Day.  Join us at 7:30pm at The 519 Church Street Community Centre. We happy to announce that Cheryl Milne, LLB MSW– Executive Director at the University of Toronto’s David Asper Centre for Constitutional Rights will be our guest speaker.  Cheryl was previously a lawyer at JFCY for 17 years, and is currently the vice-chair of the Canadian Coalition for the Rights of Children (CCRC). 

 

  While there has certainly been much progress made in terms of universal children’s rights, there is still much work to be done. Children are one of society’s most vulnerable groups, and we must continue to advocate for the protection of their rights. This Universal Children’s Day, let us not only reflect on the immense progress that has been made, but also, chart the path we must continue to forge. 

For more information on Universal Children’s Day click here!  

This blog post was written by University of Toronto law student Rachel Kattapuram, a volunteer at JFCY on the PLE Team. All info was reviewed by a JFCY staff lawyer. 

JFCY Volunteer Spotlight: Rachel Kattapuram

This post was written by Rachel Kattapruam, a JFCY legal intern and volunteer on the PLE Team.  Rachel discusses her first month of law school...

Image from: https://ulife.vpul.upenn.edu/careerservices/blog/tag/applying-to-law-school/

Noting the humid air and heavy overcast as I stepped out of my apartment building, I had only one thought: I’m going to have a seriously bad hair day on my first day of law school. In all seriousness though, I had a lot of thoughts running though my mind as I walked towards Flavelle House to begin my orientation into the UofT Faculty of Law, the legal profession, and the next phase of my life.

It was both extremely exciting and extremely intimidating to meet the 190 students with whom I would be spending the next three years. All brilliant, articulate, and from a variety of interesting educational and professional backgrounds, I felt incredibly privileged to stand among them. These are the people who I’m sure will help shape my thoughts, opinions, and lessons learned, academic and otherwise, in my time at law school. It was not only the students, however, that awed me on that first day. Admittedly, I think I’ve watched Legally Blonde a few times too many, but I was under the impression that all law professors are stern, no nonsense types who would no sooner crack a smile then offer you the answers to the exam. I was pleasantly surprised by the warmth of Dean Moran’s speech to our class, speaking openly and earnestly about her career in law and her high hopes that we should all succeed at law school. The other professors that spoke too impressed upon on us not only an academic and career oriented perspective of the law, but also they ways in which the things they had done over the course of their legal careers had shaped their lives.

Of course, it hasn’t been all inspiring speeches and orientation festivities. The long and short of it is, law school is a lot of work. I mean, a LOT of work. I can still feel the panic that flooded my lungs when a professor announced our first research assignment. But for some reason, I love it. Maybe it’s the sense of community in taking all of my classes with all of the same people. Maybe it’s the high school throwback to being in having a locker again! Maybe it’s the inspiring professors and amazing opportunities that UofT has so far provided. Maybe, its as a second year I met during orientation day put it, “First year is a lot like being on a sinking ship….with a lot of really great people….and you never sink.” 

The ABCs of Dropping Out of School

Image from:  http://www.chilliwack.com/main/page.cfm?id=2110

Scenario

As this summer reaches a close and the last baseball bats are swung, the final soccer tournaments are played, and homework-free weekends come to an end, we can almost hear the morning bell calling us in for another year of school. I’m sure we’ve all experienced that familiar dread of pop quizzes, boring classes, and endless homework. But even as the back-to-school signs and chillier weather tell us to start sharpening our pencils, maybe not all of us are anticipating a return to the classroom.

Perhaps, instead, you’re thinking about joining the workforce or taking some time off. However, while the stresses of school can definitely be overwhelming, it is important to consider the potential consequences of dropping out before you decide to leave school for good, including how it will impact your chances of getting a job in the future.

Deciding to leave school is definitely a complex decision that may be influenced by variety of factors. Before you decide to the leave the classroom for good, make sure to consider the potential legal consequences of your decision.

The Law: When can you drop out of school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six to attend school until they graduate or reach age 18.  This doesn’t just mean registering in school – it means actually going, every single day that school is in session!

What if you are sick? Or you have a religious holiday? Or your parents have decided to home school you?  Are you breaking the law?  The answer is no.  You can be excused from attendance at school for any of those reasons, and you are also excused from attendance at school if you are suspended or expelled.

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor will contact the parent or guardian of a student who is not in school.

If you are under age 16, you 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! 

Your 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.

These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. (In other words, the new law has been written but the government has not yet made the changes valid.)

So, the bottom line: If you are under age 16 and you “drop out”, both you and your parent(s) can be charged.  If you are 16 or 17 and drop out, then you are technically breaking the law but at this point nether you nor your parents will be charged with an offence.

To learn more about mandatory school attendance, see sections 25, 26, 30, and 31 of the Education Act.

This scenario was written by PLE Team volunteer Rachel Kattapuram.  Legal info by Leora Jackson and JFCY.