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 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. 

House Party Gone Wrong...

Bianca’s parents are going out of town this weekend and with a bit of convincing from her friend Hailey she decides that she should throw a party Saturday night. Hailey even promises that she can get the alcohol for the party; she assures Bianca that her older sister will make an LCBO trip for them since they are underage.  When Saturday rolls around its finally 9pm and people are starting to show up, Bianca is really excited but a little nervous wondering if people are going to come or not. The doorbell rings, she grabs a beer and runs to the door to let her friends in and start the night off.  Although the party had good intentions, it didn’t turn out so well. Hailey had brought alcohol, keeping to her promise that her older sister would buy it, so there was a lot of underage drinking. One girl at the party had too much to drink and fell down the stairs, hurting herself. The party started to get out of control when some boys moved the party outside the house and damaged the neighbour’s fence playing a game of who could punch through the fence. Due to the noise and people coming in and out of the house, Bianca’s neighbours got very angry and went to check out what was going on. They saw their damaged property and the underage drinking and threatened to phone the police…

 

What could happen to Bianca, Hailey and the rest of their friends at the party if the police show up?

Underage Drinking:

Section 30(8) of the Liquor License Act says that no person under nineteen years of age shall have, consume, attempt to purchase, purchase or otherwise obtain liquor.  Anyone at the party that has consumed alcohol and is under-age can be charged under the Liquor Licence Act and be made to appear in Provincial Offences Court.

If the police find out who supplied the alcohol, Hailey’s sister could be charged under s.30(1) of  the Liquor License Act with knowingly supplying alcohol to minors.

Injury and Property Damage:

Regardless that they were out of town and unaware of the party, Bianca’s parents could face a lawsuit in civil court brought by the girl who was injured on their property as a result of the alcohol available in their home.

Additionally, if the neighbours decide to sue in civil court for the damage done to their property, Bianca’s parents might be held responsible and forced to pay if a court thinks they should have provided more supervision.

Lastly, the youths who were involved in creating the damage could be charged with mischief under the Youth Criminal Justice Act for their actions.

Noise Complaint:

Most municipalities have noise bylaws that give law enforcement the authority to address noise complaints. These bylaws cover activities such as loud parties, yelling, shouting, and playing loud music. According to the Municipal Bylaw of Toronto, s.591-2 says, no person shall make, cause or permit noise or vibration, at any time, which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the City. Bianca may face a fine for violating this municipal bylaw. 

If you are have specific legal questions about these topics, please contact Justice for Children and Youth if you are under age 18 and live in Ontario, Canada.  416-90-1633.

This scenario was written by Genevieve Pelow  a JFCY volunteer on the PLE team. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

Underage Drinking in a Public Park

Scenario:

John, 16, was bored on a Sunday so he decided to call his best friend Sam, 17, to hang out. They decided to make their Sunday a little bit more adventurous. They went to a bar and asked for a drink but of course, the bartender asked for ID and they ended up getting kicked out.

Sam decided to go home, take his father’s bottle of alcohol, go to a park and drink it there with John.

http://commons.wikimedia.org/wiki/File:Oak_park_bench.jpg

While they were drinking, a cop was passing by. The cop noticed something suspicious so he decided to check it out. As the cop was approaching, Sam and John attempted to hide their alcohol because they knew they could get in a lot of trouble.

Officer: “Hello, I was just passing by and saw that you were drinking something covered in a paper bag. May I ask what that was?”

Sam: “Nothing, officer
”

Officer: “How old are you two?”

Sam: “17”


John: “16”


Officer: “Can I please see the bottle you two were drinking out of?”

John, being extremely scared, blurted out, “Sorry officer, we were drinking alcohol, but we are sorry,” and immediately handed the officer the opened bottle of alcohol.

What legal issues do John and Sam face?

Underage Drinking:

According to ss.30(8) of the Liquor LicenseAct, it is illegal for a person under the age of 19 to have, consume, attempt to purchase or otherwise obtain alcohol. As both John and Sam are under the legal drinking age of 19, they are breaking the law. 

There are very few exceptions to the underage drinking prohibition: Section ss.30 (9) of the Liquor License Act, says that it is legal for a person aged 18 to be in possession of liquor during the course of their employment, where it is authorized. Also, under s. 30(13) it is not illegal for kids under age 19 to be in possession of alcohol IF their parents supply the alcohol to them at home. Clearly these exceptions do not apply to John and Sam in this situation.

The police officer could charge John and Sam under the Liquor License Act and they will be made to appear in Ontario Provincial Offences Court.

Public Drinking:

According to ss.31 (2) of the Liquor License Act, no person shall have or consume liquor in any place other than: a residence, premises with a liquor license or permit, or a private place.  Sam and John could be charged under this section too and be made to attend Provincial Offences Court.

Municipal By-laws:

In addition to breaking Ontario provincial laws, John and Sam may be in violation of bylaws of their municipality. Bylaws are laws created by a city or a town that all residents, regardless of age, must follow.  

For example, chapter 608-8 of the Toronto Municipal Code of Parks says that while in a park, no person shall consume, serve or sell alcoholic beverages unless in designated areas, authorized by permit, and with the approval of the Liquor Licence Board of Ontario. None of those exceptions exist in this situation for Sam and John. Additionally, chapter 608-9 of the Toronto Municipal Code says that unless authorized by permit, no person shall use, enter or gather in a park between the hours of 12:01 a.m. and 5:30 a.m.  John and Sam could be given a ticket by a police officer or municipal offences officer for violating these laws.

The scenario for this post was written by Diana Rozo a JFCY volunteer on the PLE Team. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

Teenage Drunk Driving

Scenario:

Johnny,17, was at a party at the start of the summer and he wanted to celebrate. At this party they were serving alcoholic drinks. Johnny had 6 beers to drink. After some dancing, he decided to go home because he had a 2 AM curfew.

Johnny: I need to get home before 2am or my parents are going to be so mad!

Sam: You can’t drive home you had a lot to drink.

Johnny: It’s okay dude, I can handle it. My place is only a 15 minute drive away.

Sam: I really don’t think you should drive, you can’t even walk in a straight line.

Johnny: Dude, seriously relax, I will be fine

Sam: Alright, if you say so. Call me when you get home.

Johnny: Peace!

Did Sam handle the situation well? Since Johnny was intoxicated, Sam could have taken matters into his own hands and taken Johnny’s car keys away.

As Johnny was driving home, he saw sirens in his rear view mirror, it was the police. Johnny pulled over and waited for the police officer to approach his vehicle. Johnny was very afraid at this moment because he was worried about being charged with some form of drunk driving offence.

Officer: Can I see your license and registration please?

Johnny: Yes, you can.

Officer: You smell like alcohol. Have you been drinking tonight?

Johnny: I had a little bit to drink Officer.

The police asked him to submit to a breathalyzer sample. Not wanting to get in any more trouble, Johnny complied and blew into the breathalyzer. His blood alcohol content revealed that he had more than 80 mg of alcohol per 100 millilitres of blood. The officer arrested Johnny on the spot and he is now concerned about the legal ramifications of what he has done.

The Law: Impaired Driving and Driving with Blood Alcohol Over 0.08

There are a number of legal issues at work here. This blog post post focuses on drunk driving. Please read other JFCY posts on underage drinking; see also Concerts and Underage Drinking, and on what happens if you drive with alcohol in your system on a G2 license.

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.

Since Johnny is a youth, between the ages of 12 and 17, the Youth Criminal Justice Act applies to him. 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 alawyer.  Also, police must speak to youth using words that the youth is able to understand.  

Please note that there are additional penalties related to the Highway Traffic Act in Ontario that will apply. Please see the JFCY blog post on G2 license offences for more information.

Now although this scenario didn’t turn out fatal, it is very possible it may have. Johnny might have killed someone on his way home. This is one fatally which happened in Toronto recently. This was the end result...

The scenario and conclusion were written by PLE Team volunteer Diana Rozo (a York U student).  Legal info was written by JFCY summer law student Jeremy Ozier and reviewed 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

Having Fun on Halloween

- Scenario by Lindsey Erickson and Ouran Li, Legal Information by JFCY


At fifteen years old, Jamie and her friends all agreed they were much too old to be trick-or-treating. This was the first year that they would have a real “grown-up” Halloween: co-ed, costumes, and, of course, alcohol. The group decided that they should definitely throw a party, but since Halloween fell on a weekday, it proved problematic finding a place to throw it. Their entire families would be home and they did not want to risk the consequences of getting caught by their parents, most of whom did not approve of underage drinking.

“We’ll just wing it,” declared Jamie’s best friend Amanda. “My big brother is going to get us a couple of mickies - we’ll find someplace to go.”

Jamie was nervous about the idea, but, not wanting to ruin the fun, she decided she would meet up with her friends on Halloween night.

After putting the finishing touches on her costume, Jamie received a text from Amanda saying that the party was going to be in the park across the school. The group knew that police officers frequented the park, but they were confident the wooded area directly behind would be safe. The signs around the park, however, made it quite clear that it was closed after 11pm. Once again Jamie simply shrugged it off, and headed on over.  It was after midnight by this point.

When Jamie arrived at 12:15am, she saw that the party was less than subtle. Many people were already quite intoxicated. Jamie’s friend Amanda was dancing on the park bench, dangerously close to teetering over.

Jamie had barely a sip of alcohol before she heard sirens. The majority of the party scrambled, rushing off into every direction. The next thing she knew a flashlight was in her face, and a stern voice asking what she was doing. The police had arrived.

What are the potential legal consequences for Jamie?

Underage drinking

Since Jamie and Amanda are both under 19, ss.30(8) of the Liquor Licence Act makes it illegal for them to have or consume alcohol.  While there are certain exceptions to this prohibition, drinking in the park on Halloween isn’t one of them!

Breaking curfew

One problem that Jamie and Amanda face is that they were out in a public place after midnight.  The Child and Family Services Act says that parents of children under sixteen cannot permit their children to be without an authorized adult in public places between midnight and six am.

Municipal bylaws

In addition to breaking Ontario laws, Jamie and Amanda could be breaking municipal bylaws of the town/city where they live.  Bylaws are the laws that are created by a city or a town.  For example, the City of Toronto has a whole chapter in its bylaws about the proper use of public parks.  One of the rules says that consuming, serving, or selling alcohol in a public park is not allowed without a licence from the Liquor Licence Board of Ontario.  Another one says that no one is allowed to gather in a public park after midnight and before 5:30 am without a special permit.  These are rules that apply to everyone, regardless of their age.

Curfew comic by PLE Team member Arif Hussain

Lindsey Erickson is a Paralegal Student at Seneca College, and Ouran Li is studying to be a Law Clerk at Seneca College.  They are volunteer members of the PLE Team at JFCY.

Parents supplying alcohol to minors

Scenario by PLE Team volunteer Jenny Li, Legal Info by JFCY

As Anthony walks around the crowded house checking out the scene, he hears the music pounding in his ears and the bodies dancing around him.

The contents of his cup slosh around as he navigates the house looking for the six-pack Jackson brought.

Stumbling happily into the kitchen, Anthony bumps into Mr. and Mrs. Johnson handing out jell-o shots to several of his already tipsy friends. “I want in!” shouts Anthony.

Downing the chaser, he becomes aware of shouting coming from the basement.

What is it? What’s wrong?

Someone runs into the kitchen followed by a stampede of other bodies and voices, all shouting, “Cops! Cops! They’re at the door!!”

Anthony stares up in a wild panic. “Hide! We need to go! Basement? Where??” In the panic, everyone looks towards Mr. and Mrs. Johnson, the parents who were present at the party, looking for some sort of direction.

Suddenly, there is knocking at front door along with a faint sound of sirens – perhaps the neighbours called the cops! “What do we do?” 

About the Law:

In this scenario, parents are hosting a party for their children and their children’s friends. The law says people under age 19 are not allowed to have, drink or purchase alcohol.  There is an exception in that parents are permitted to give alcohol to their underage children at home under parental supervision.

However the above situation is more complicated because there are friends of the children present. It is not clear whether the parents of those friends were aware this would happen and whether they consented to their children being given alcohol. This could get legally complicated…

Furthermore, if anyone was to get into an accident or become otherwise injured as a result of alcohol consumed at this party, the parents could be held legally responsible.  Finally, the Children’s Aid Society may have some concerns about children who are supplied alcohol by their parents.

Jenny Li was the first youth member of the PLE Team, which is now comprised of many dedicated youth. Jenny recently began her studies at Harvard.

Drunk Driving

Scenario (by Cydney Kim)

Michael and Fred are 16 year old friends who love parties. One night, they decide to attend a party at the other end of town. Michael arranges to be picked up by his parents late at night. When Fred’s 20 year old brother drops the two friends off at the party, he leaves his car there for Fred to use.

The party is far from over when Michael suddenly gets a headache and decides to go home. Although Fred offers to drive him home in his brother’s car, Michael is unsure whether Fred can actually drive. Fred assures him that he has just received his ‘G1’ and has been taking driving lessons. However, Michael refuses and Fred drives off alone in anger.

Meanwhile, Michael’s parents are at home enjoying a bit of whiskey. When they receive Michael’s call, they don’t feel drunk at all and head towards the party, with Michael’s mom driving. As soon as Michael steps into the car, he senses that his parents seem a bit weird but he doesn’t say anything and they head home. 

Both Fred and Michael’s mom get stopped by the cops that night.

What are Fred’s legal issues?  What are Michael’s mom’s legal issues? 

Both Fred and Michael’s mom could be charged with criminal offences as a result of their actions.

Adult charges

If Michael’s mom had enough alcohol, she could 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). Across Canada, it is a criminal offence to operate a vehicle while impaired and/or while having a blood alcohol content  of 80 milligrams of alcohol in 100 millilitres of blood or more. If someone is convicted, they can lose their license, be fined, or spend time in jail. The 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.

Youth Charges

Fred’s legal issues are different since he is 16 years old and does not have a licence. He could still be found guilty of the same criminal offences as Michael’s mom.  However, different procedures apply to Fred since he is under age 18. The Youth Criminal Justice Act applies to his situation, and this changes the way the police officer must interact with Fred. For example, s. 146 of the Act imposes a different way to obtain evidence, not binding youth to certain written and/or oral statements. He has the right to have a parent present when he is being questioned by the police.  The Act also leaves open a larger and more varied sentencing options and ways of resolving cases.  If Fred decides to plead guilty, or loses a trial, he would not be “convicted” of the offences.  Unlike adults, youth are “found guilty”.  (The records system for youth is also very different than for adults, but that is a story for another day…)

Graduated Licensing

In Ontario, as of August 1, 2010 fully licensed drivers who are 21 and under or a novice driver in the Graduate Licensing System (GLS), caught with any alcohol in their blood, will receive an immediate 24-hour roadside driver license suspension and, if convicted, face a fine of $60-$500 and a 30-day license suspension.

Driving with a G1 without a fully licensed supervisor is a separate offence which would result in the temporary suspension of Fred’s licence. 


If you are a youth charged with an offence, check this info pamphlet for more info.

Cydney Kim is a grade 11 student at University of Toronto Schools. She wrote the fact scenario.  The legal information was written by McGill law student Jesse Gutman and JFCY lawyers.