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.

Late Night Swims in Public Pools: Legal?

Scenario by PLE Team volunteer Stefan Vernier (perhaps dreaming of summer days...)

Photo used with permission from Alyssa Katherine Faoro, akFAORO.com 

On a warm summer night, three friends are hanging out in the parking lot of their local pizza shop. After spending a couple of hours talking to each other, Todd, who is 15, says that he’s getting bored. He suggests that the three of them head down to the park near their community centre, where they can pass around a soccer ball. Kyle and Thomas, who are also 15 years old, agree that they’d have a much better time playing soccer at the park.

When they arrive at the park, they realize that the street lights that illuminate the soccer field have already been turned off. “We’re too late guys,” says Kyle. “The city turns off the lights at 12 a.m.”

Slightly disgruntled, they stare at each other for a few seconds, hoping that the other person would think of something else that they could do to pass the time. Suddenly Todd speaks up. “Hey, you know what would be really fun?” He pauses for a moment, making sure that Kyle and Thomas are listening to what he has to say. “What if we took a swim in the community centre’s outdoor swimming pool, just for a bit?”

Intrigued by the idea, Thomas shouts ecstatically, “Yea, let’s go for it!” 

Kyle, on the other hand, did not share the same excitement. “But they close the pool after 10 p.m. There’s a lock on the front gate for a reason you know,” he says. “I don’t want to get in trouble, guys. The sign on the fence says that we can’t enter when the pool is closed and that we could be fined if we get caught.”

“Okay, suit yourself then,” says Todd, as he and Thomas climb the fence and jump into the pool, which is run by their city’s Parks and Recreation department. The two of them spend another half-hour playing in the pool, while Kyle stands idle outside the fence.

Suddenly, a police car pulls up outside the community centre. An officer walks out and notices the boys swimming.

LEGAL INFO by JFCY

Trespass to Property Act

Ontario has a law that makes trespassing illegal.  A trespasser is someone who is on or is using land that doesn’t belong to them without permission of the person or people who are responsible for and who control that land.  Todd and Thomas are clearly trespassing according to Ontario law, because the locked gate and fence make it clear that the pool shouldn’t be accessed without permission. The signs also make this clear.

Todd and Thomas could be charged with trespassing ("enter premise where entry prohibited").  Since they are breaking provincial law, the section of the Provincial Offences Act that applies to people under age 16 would apply if they were charged.  (This is different from being charged with a criminal offence, where the Youth Criminal Justice Act applies to people under 18.)  There are a number of differences between the treatment of adults who are charged with provincial offences and young people who are charged with the same offences.  One difference is that young peoples' identities are protected from publication.  Another is that there is a limit on penalties for offences:  the maximum a person under age 16 can be fined is $1000, whereas the maximums for adult fines can be much higher. But remember, provincial offences are different than criminal offences (that is a whole other topic!).

Curfew

We’ve covered the curfew issue on the blog before: 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.  Kyle, Todd, and Thomas all fall under this Act, since they are 15.  They shouldn't have been at the swimming pool or even at the park at this time of night. If caught, the police may be take these boys home or even bring them to a children's aid society.

Municipal Bylaws

The sign outside the swimming pool probably refers to the municipal bylaws that regulate public swimming pool access in Todd’s city.  (We explained municipal bylaws previously here!) For example, in Toronto, municipal bylaws say that people must not use public swimming pools outside designated times, and that they must obey the signs posted in or adjacent to the pool.  The police officer can tell Todd and Thomas that they must leave the pool.  The police could also charge these youth with breaching a municipal by-law and the end result could be that they must pay a fine.  As in trespassing, the rules about young people under Provincial Offences Act would apply.

IF YOU ARE A YOUNG PERSON WHO HAS BEEN CHARGED WITH A PROVINCIAL OR MUNICIPAL OFFENCE YOU CAN CALL JFCY FOR LEGAL ADVICE. 416.920.1633

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.