Skipping School and Smoking Pot

Scenario

Fourteen year-old Rachel had never really thought about skipping class before. She knew her friends skipped once in a while, but she had never done so herself. Then, one fall day, during lunch hour, Emily and Mike asked Rachel if she wanted to skip the next period, get something to eat, and hang out until the next bell rang. Rachel wasn’t too keen on the idea, but it was November of grade nine and she was still trying to make friends. Rachel agreed and off the three went.

Emily and Mike led Rachel behind the school parking lot, and sat down behind a wall that blocked them from being seen. Rachel was a little confused but went along with it. Mike then pulled out a joint from his pocket. Rachel had never tried marijuana, but she was curious, and she didn’t feel comfortable saying no. The three students smoked the joint in the back parking lot.

Mr. Smith just pulling his car into his parking space in the school lot when he noticed the three students from his science class walking out from behind the wall. He noticed that they smelt of marijuana and he also knew they were supposed to be in class. Mr. Smith immediately took the three students to the principal’s office.

Rachel couldn’t help but feel shocked by the situation that she had gotten herself into. She wasn’t sure what the implications of her actions would be – she knew that she had used the marijuana, but could say with honestly that it wasn’t hers to begin with. Rachel was worried and unsure of the consequences she was about to face…

The Law: Was Rachel allowed to skip school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six attend school until they graduate or reach age 18.  There are some exceptions to this rule.  For example, if a student is sick or it is a religious holiday, absences are excused.  

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor at Rachel’s school will contact Rachel’s parent or guardian to let them know that she skipped class.

If you are interested in learning more about mandatory attendance in the Education Act, you can check it out online. Sections 21 and 26 contain the rules mentioned in this blog post, and Sections 30 and 31 discuss the consequences of being absent from school regularly without a legally valid excuse.  If you are under age 16, you can actually be charged with a provincial offence and made to attend court for skipping or "being habitually absent" from school! 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. 

The Law: What about smoking marijuana?

The Controlled Drugs and Substances Act is the federal law that deals with drugs. Cannabis (marijuana) is a schedule II drug under the Act.  It carries criminal consequences for youth who are found guilty of possession, trafficking, exportation and/or production. There are no age parameters with regards to illegal drug use – anyone found with cannabis will be in violation of the Controlled Drugs and Substances Act and may charged and must attend court.  Rachel and her friends could be charged with possession of a controlled substance.

Youth who are under age 18 when alleged to have been charged with committing a criminal offence are dealt with under a separate legal system from adults.  This system, and the various rights that youth are entitled to, is outlined in the Youth Criminal Justice Act.  For more info on youth charges, check out JFCY’s Know Your Rights pamphlet.


Scenario by PLE Team volunteer Claire Bogomolny; Legal Info by PLE Team Lead Leora Jackson (a UofT law student from PBSC) and JFCY lawyer

The Legal Rules of Youth and Work

Starting your first job?

Did you know there are laws about young people in the workforce? 

Consider these scenarios

Mandeep is 14 years old and just started a summer job working at a construction project lifting supplies.

Jillian, age 15 decides to start a part time job which requires her to work during school hours. She starts the job immediately, without letting anyone know.

Marcel, 17 is super excited to for all the tips he will make by serving at a local bar which is licensed to serve alcohol.

Are they all allowed to be employed at these jobs?

MANDEEP:

According to Construction Projects Regulation under the Occupational Health and Safety Act, John cannot be employed at a construction project or be present in such a workplace while work is being performed. This is because the law says you must be at least 16 years old to work in these types of jobs. 

JILLIAN:

Jillian's employment during school hours violates the Education Act and Supervised Alternative Learning and Other Excusals from Attendance at School Regulation. These laws say that, "A child required to attend school cannot be employed during school hours. After directing an inquiry into the matter, the Provincial School Attendance Counsellor may excuse a child from attendance for various motives, including if he/she has obtained a secondary school graduation diploma or has completed a course of equivalent standing."

Parents and guardians who neglect or refuse to cause a young person to attend school can be charged and made to attend court. This does not apply if the young person is 16 or over and has withdrawn from parental control (ie left home). Thinking of skipping school to work?  You need to know that if you are under age 16 and you skip school regularly YOU can be charged with an offence and brought to court.  And your employer can also be charged if they employ you during work hours when you are under age 16. 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. 


So, our advice: go to school during the day and work in the evenings and on the weekends!

MARCEL:

Marcel cannot be employed at a bar serving alcohol, as he is under 18. The Liquor Licence Act and Licence to Sell Liquor Regulation states that people under age 18 cannot be employed to sell or serve liquor on licensed premises. Note, however, that with few exceptions young people are not legally allowed to consume alcohol until they are age 19. So they can serve it when they are 18 but not drink it. Weird?

For the keeners who want to read more,

Ontario Ministry of Labour website:

 (http://www.labour.gov.on.ca/english/hs/pubs/yw/yw_tips_employers.php)

Feeling even more keen, check out the Education Act:  http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e02_e.htm#BK27 (especially sections 21(1), (2), 24, 30(3)

Blog post written by volunteer PLE Team Member Julia Dmitrieva and JFCY staff lawyer, with help from JFCY law student Jesse Gutman. 

Julia and fellow PLE Team Member at the JFCY office...not during school hours!

Guest Blogger: Religion in Schools

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome Jasmine Godrey, a grade 12 student. Her blog piece is on religion in schools. JFCY has provided some additional legal information at the end of the blog piece. 

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Arjan put his scissors down and looked at the bearded, rosy-cheeked chubby man he had just cut out. From making cards to baking treats, Arjan had been prepared to participate in Christmas activities since Grade 1. But this year it was not Christmas alone that his Grade 5 class would be celebrating. Ms. Bartlett had explained to the class that in an effort to expose students to a variety of religions, Samuel’s mother would be visiting tomorrow to teach the class how to cook latkes for Hannukah.

Arjan was shocked when he returned from recess and Ms. Bartlett passed around a sheet of paper containing the lyrics of Silent Night. This was followed by Ms. Bartlett leading the class in an Advent prayer. Arjan had never felt comfortable singing the songs of another religion and certainly could not bring himself to pray in the Christian faith. He told Ms. Bartlett that he felt sick and then went to the office to call his Mom to pick him up.

The next day Arjan’s mom had a meeting with Ms. Bartlett to express her concern over her son being made to participate in Christian religious practices.  Ms. Bartlett was offended; she had made an effort to expose the kids to other faiths and didn’t see the big deal with the songs and prayers especially because most of the kids seemed to be having a great time. Arjan’s mom explained that their family are Sikh and do not participate in activities of another religion.

What are Arjan’s rights?

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About the law:

The issue in this scenario is about religion in schools and the rights of students to engage or opt out of religious instruction.

The Education Act R.S.O 1990 allows certain schools to give religious instruction granting parents the option to send their children to a particular school of a particular faith. However, the above situation concerns a student who is attending a secular (non-religious) public school.

Secular schools are allowed to provide information on different religious faiths. Schools are not allowed to encourage belief in one faith over another.

Furthermore, the Education Act R.S.O 1990 states that no pupil shall be required to read or study from a religious book or join in any religious exercises. A student’s parent or guardian may object to such religious instruction where the student is a child. Where the student is an adult, the student may object him or herself.

Under the Human Rights Code R.S.O 1990, every person has the right to equal treatment without discrimination on many grounds, including religious belief.

Schools and teachers should not embarrass or otherwise treat students in a negative way if they refuse to participate in any religious activities.