Taylor wants to leave home...

Scenario:

Taylor M. is from Grimsby, a small town in Southern Ontario. He is 17 years old, and will be graduating from high school in three months. After graduation, he plans on going to college to become a certified electrician.

Last winter, Taylor's parents got a divorce. They now live in separate homes. Since the divorce, Taylor has been living in both of his parents' homes. He spends half of his week in his mom's house, and the other half in his dad's apartment.



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Over the past several months, Taylor has grown tired of living in two separate homes. It is interfering with his studies and social life. Although he would feel more comfortable living in only one of their places, he doesn't want either parent to feel like he or she is less important than the other. 

Taylor has thought about moving away from home. He has an older friend who he could stay with for the next year or two. Taylor feels like this might be his best option, seeing that he is finding it very difficult to live with each of his parents.

When can Taylor decide where to live?

In Ontario, at 16 years of age or older, you can generally decide where you want to live and you do not need a legal guardian. 

However, if Taylor’s parents have a court order that deals with custody, his parents can get into trouble with the family court if they help Taylor to ignore the order by not seeing or living with one of the parents. In order to avoid this it would be good if both of Taylor’s parents could agree to let him live with his friend.

Can Taylor apply to be “Emancipated” from his parents?

We do not have laws on “Emancipation” in Ontario. In some States in the U.S.A., there are emancipation laws which let someone 16 years and older apply to a court, to be free from the custody and control of their parents or guardians and to be responsible for their own support. This process does not exist in Ontario.

Do Taylor’s parents have to financially support him?

If Taylor was forced to leave home, his parents may still have to support him. For example, he would be entitled to support if he left home because he was kicked out without a very good reason, or if he was were abused, or if his living situation at home is unsafe, unbearable or impossible.
 



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From the info we have from Taylor it does not appear that those situations apply.  He merely prefers to live away from his parents, which would likely mean that his parents do not have a legal obligation to provide financial support. 

 

However, it certainly does not hurt for Taylor to talk to his parents about whether or not they may assist him financially if he leaves home.  If they wont support him, then Taylor will need to plan for a way to support himself and this may affect his decision to leave home in the first place. 

For more information on Leaving Home, consult our pamphlet on Leaving Home, as well as our YouTube video on Leaving home: 

 You can also refer to past blog posts on this subject:

http://jfcy1.blogspot.ca/2010/11/leaving-home-part-ii-youve-decided-to.html

http://jfcy1.blogspot.ca/2010/11/leaving-home-part-iii-social-assistance.html

RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at www.oacas.org

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit www.211Toronto.ca
Outside GTA, check the local Blue Book or visit www.211Ontario.ca

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/ 
Legal Aid Ontario – www.lao.on.ca
416-598-0200 / 1-800-668-8258 (for young people under age 18 only)

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.

This scenario was written by JFCY PLE Team Volunteer Stefan Venier, who is now a law student at the University of Windsor.  Legal info by JFCY. 

Skipping school: consequences?

It was a warm Friday afternoon in June, and all of the students at St. Charles elementary school headed to the playground for their second recess of the day.

"Ah, it's so nice outside," exclaimed Tom, an eighth-grader at the school. He and his friend, David, were the first ones out the door.

"Too bad we're stuck at school." David responded. "It would be a perfect day to go to the Water Park at Sunny Side Bay."

Photo from Ontario Place website:  http://www.ontarioplace.com/waterpark 

 
Tom turned to David with an excited look on his face. "Hey, what if we just took the day off from school? We can go on all the water slides we want! What do you say?"

"Take the day off...you mean...skip school?" David asked.

"Yea, it would be amazing!" Tom responded. "We'd have an early start to the weekend. Besides, I don't think our teacher would even mind. It's the second last Friday before school ends. She knows that none of us really want to be here."

David looked uncertain. He was worried about the consequences of skipping school. After pausing for a few seconds, he finally spoke, "Okay, fine let's do it. I really hope we don't get in serious trouble for this."

"We won't," Tom remarked. "Everything will be just fine, trust me."

The two boys quickly hopped the fence that surrounded their school yard. They headed towards a bus stop at the end of the street.

What are the legal consequences for skipping 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.

But aside from exceptions like these, you are required to go to school every day.  If David and Tom don’t go to school, they are breaking the law in Ontario.  The school attendance counselor will contact their parents or guardians to let them know that David and Tom weren’t at school that day.  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.

David will probably not receive a very serious punishment for skipping school one time.  His parents will find out, and he might receive a consequence from them at home or feel that they trust him less.  His school will probably give him a consequence, too, like a detention.  However, if David skips school on a regular basis, the consequences will become more serious – he could even be charged with an offence under the Provincial Offences Act.

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

The scenario was written by JFCY PLE Team volunteer Stefan Venier. Legal info was written by Leora Jackson, a U of T law student and JFCY volunteer.  Reviewed by JFCY. 

"Vitamin R"

On a Thursday afternoon, two friends, Alex and Mike, headed down to their school cafeteria to break for lunch before their next class. After buying their lunches, they looked for a place to sit down. The cafeteria was quite full that day, and so there were few places for them to eat their lunches. Since the weather was nice outside, they decided to have lunch on the steps outside of their high school.

As they sat down, another student walked towards them. Neither Alex nor Mike had seen the student before, though they could tell by his uniform that he belonged to their school. The student took a seat next to them and whispered, "Hey, you guys want to have some fun today?" Alex and Mike looked at each other for a moment and curiously shrugged their shoulders. "We might," Alex said. "Why, what's your deal?"

The student took out a small bag from his pocket. Inside were five blue capsules. In a quiet voice he explained what was in the bag. "These are Ritalin pills. Me and my friends call them Vitamin R," he said. "When you take a few of these, it's like you're a genius. You'll feel super focused, like you can tackle anything."

Mike responded, "I've never heard of these before.  Where'd you get them?" The student paused for a second before answering the question. "I know a guy whose older brother had ADHD.  He used to take the pills to help him concentrate, but he went away to university.  My friend tells me that there are a bunch of these pills left over in his house now. So, he gives some to me too. Would you guys be interested in buying some from me or what?"

Looking uncertain, Alex asked, "But what if we get caught with these things? We'd probably get suspended or something?" The student responded, "No way man, prescription drugs aren't as bad as weed or alcohol. There really isn't much to worry about." Mike then asked, "You're certain?" The student confidently answered, "Yes."

Mike and Alex then handed the student some money in exchange for the pills.

Is it illegal to buy prescription drugs outside a pharmacy, or to use them for non-prescription reasons?

You need a prescription to buy prescription drugs (certain kinds of medication) for a few reasons.  Prescription drugs usually contain chemical ingredients that can be dangerous if taken in the wrong amount or in the wrong combinations.  One of the roles of a pharmacist is to help you understand how to take a drug correctly – for example, whether you need to eat food at the same time you take a pill, or whether two different drugs will work incorrectly if taken together, even though they would both work well on their own.  Getting a prescription filled at a pharmacy helps to make sure you have all the right information before you start taking a drug, so that it doesn’t hurt your body.  Another reason that you need a prescription for medication is that medications can be harmful in large quantities.  Prescriptions help make sure only people who need certain drugs are getting them.  Similarly, some drugs can be addictive and addiction can damage people’s lives and relationships.  Since prescriptions control access to drugs, they are one way of preventing addiction to drugs that might be helpful for a medical treatment but addictive if not used correctly.

If you have a prescription for a drug, it is legal for you to “possess” (have) that drug.  If you don’t have a prescription, and you buy the drug from someone other than a pharmacy, then it may be illegal for you to have the drug.  All drugs fall within a Canadian criminal law called the Controlled Drugs and Substances Act  (CDSA), and possession of them can be a crime.  The Act has five big sections called “schedules,” and each one contains lists of different kinds of drugs.  If you have a drug that is in Schedule I, II, or III, and you don't have a prescription for it, you are committing a criminal offence called "possession."  Selling these drugs illegally is called "trafficking."  Buying prescription drugs in these categories outside a pharmacy is no different than buying other kinds of illegal drugs, like cocaine or marijuana – you can still get in trouble with the law.

Ritalin, the drug sold to Mike and Alex, has an active ingredient called methylphenidate, which is listed under Schedule III of the CDSA.  This means that Mike and Alex are in illegal possession of the drug. And, it means that the other student is illegally trafficking the drug.

The bottom line: Buying, selling, and possessing prescription drugs without a prescription is a criminal offence, and can lead to negative consequences.  Depending on which prescription drug is involved, it can even be more serious than other illegal drugs.

This blog post was written by PLE Team Member and JFCY Volunteer Stefan Venier.  Legal information by JFCY.
If you are a youth in Ontario facing criminal drug charges or have legal questions about drug charges, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  You can also read our Youth Guide to Criminal Justice for more information about going to criminal court as a young person.

How do I talk to a lawyer, and what do I say? FAQ about meeting a lawyer at JFCY

If you are under the age of 18 and have a legal problem that needs to be resolved, you can get in touch with JFCY. They will provide you with expert legal advice and ensure that you receive the legal protection that you are entitled to as a rights-holder. If you are unsure about how to contact JFCY, or if you would like to know what to expect when speaking to a lawyer, you may want to check out the answers to some of our frequently-asked questions:

How do people get referred to JFCY? Do they usually just walk in or call, or does another agency refer them?

JFCY resources (including our contact info and publications) are available at many schools (including the offices of school guidance counselors, social workers, child and youth workers and teachers), youth courts, shelters, community centres, youth drop-in facilities and other community agencies.  As a result, people who work at our use services at these places often refer young people to JFCY. Also, the Kids Help Phone has our contact info and gives it out when kids are calling with an issue that has a legal component.  Youth also contact us after finding our info on the internet, or learning about us from family and friends.

What are some of the most common issues that JFCY lawyers help with?

JFCY lawyers help with many different legal issues, including school problems (ie suspensions, expulsions), charges under the Youth Criminal Justice Act, social assistance entitlements (ie Ontario Works), and some family law issues. JFCY lawyers do their best to answer any legal questions that young people have, or provide referrals to other people or places to get more help. JFCY generally does not get involved in family law custody issues.  

Do my parents need to be with me when I speak to a lawyer?

JFCY lawyers always speak directly to the young person, NOT their parents. Everything that you discuss is held completely confidential. The information is kept between you and the lawyer (as well as other lawyers on staff, if necessary). The exception to this is for school problems: the JFCY lawyer will speak with the young person and, when they have the young person’s permission, they will also speak with their parent(s).  You can expect that the lawyer will keep whatever you tell them confidential, and wont talk to your parents about it unless you specifically ask the lawyer to do so. 

How long does it take to see a lawyer, and does the lawyer usually just talk to clients on the phone, or do clients come into the office?

When a young person calls JFCY for assistance, they first speak with a trained intake worker, who is usually one of our administrative staff, a law student or a social work student.  The intake worker will ask the young person for their contact info, birth date and details about their legal issue or questions. The information is then passed along to a lawyer and that lawyer will call the young person back within 2 business days, or 48 hours.  For example, if someone called on Friday at lunch time, they can expect a call back no later than Tuesday at lunch.  Using this timeline as a guide, the lawyer will try and get back to the young person as soon as possible, especially if their situation is urgent.  Once the lawyer phones back, they will try and answer all of the young person’s questions over the phone.  Occasionally, they will need to meet in person at the JFCY Office. Many legal questions can be answered over the phone.  Other issues may involve the need for representation. This is when the lawyer will attend court with the young person or advocate on their behalf to other people.  

If I need to set up an appointment with a lawyer, are there any forms or documents that I should bring with me? Do I need to prepare for the meeting in any way?

When you talk on the phone, the lawyer will tell you if you need to bring anything with you.  You should be ready to talk about your legal issue with the lawyer.  Remember that any conversations you have with your lawyer are confidential, which means that the lawyer will not tell anyone what you have talked about (unless you specifically ask them to do so).  Your lawyer is not there to judge you in any way, but to represent you and give you advice on legal issues. 

Can I see what the JFCY office looks like before arriving to meet with a lawyer?

You can check out our office tour on our Facebook page!

When does a legal issue require going to court? How long do court cases usually last?

Sometimes young people must to go to court or to a tribunal to solve a legal issue.  A tribunal is like a smaller "court" that deals with specific legal problems.  Sometimes it is less formal than a regular court.  Some examples of tribunals are the Landlord and Tenant Board (for housing issues) or the Discipline Committee of a school board.  If a case requires attendance at court/tribunal, this often means that the young person must meet with their lawyer more frequently, and that the lawyer will be doing additional work to prepare for the case. There is no strict time-frame that applies to all legal cases. Some require more of a time commitment than others, depending on the complexity of the issue.  Since cases can last for a long time, it is important for clients to tell their lawyers if they are moving or their contact information changes.  

Other than court cases, how do other legal issues get resolved?

Many legal issues do not require attendance in court and instead are resolved through information sharing, phone calls or meetings.  Many times, a young person’s legal questions will be answered directly by the JFCY lawyer and no trips to court are necessary.  Other times, JFCY lawyers will help to resolve a legal issue by writing a letter on behalf of a young person or by negotiating a resolution to their legal problem with someone who is on the other side of the legal disagreement.

The entrance to the JFCY office

Thanks to PLE Team member Stefan Venier for writing this post, and JFCY lawyer Andrea Luey for providing the information about talking to a JFCY lawyer.