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

G2 License Rules

Scenario

http://images.3aw.com.au/2012/08/23/3576849/230812-Road-Cars.jpg

Naomi (age 17) is very excited that she has just recently passed her G2 driver’s test! Although she was grateful that she had had the opportunity to drive as much as possible with her G1, she thinks it is liberating to finally be able to drive on her own without her Mom or Dad in the passenger’s seat.

Without having her parents in the car, Naomi will finally be able to have the independence to drive to school, to the mall, and to the parties her friends throw every weekend, as long as she is back by the curfew her parents have established for her. Although having her G2 will allow Naomi to have some freedom, she is confused about the restrictions that seem to be in place regarding those who hold a G2 license.

One Friday, Naomi is at a house party her friend Kelly is hosting. Naomi arrives at 10:30 pm and everyone is drinking alcohol. Naomi decides to have one beer. [Please see the JFCY blog for issues related to alcohol. Please also read the newsletter that discusses houseparties. Underage drinking is illegal in Canada, and the age for legally drinking alcohol in Ontario is 19.] 

Just after midnight, Naomi decides she needs to leave to make it home in time for her 12:30 curfew. She decides to drive her friends Laura and James home, who live only a couple streets away from her. As she is driving home, she accidentally drives through a stop sign she hadn’t seen while going 35 kilometres over the speed limit. Much to her dismay, a police car had spotted Naomi’s driving offences and pulls her over.

Naomi is terrified. She has never been stopped by the police, and is afraid that on top of her traffic violations she has also violated the restrictions placed on her G2 license.

Legal Information on G2 licenses:

The legal information deals with the G2 License rules in Ontario. (There are also possible criminal charges but they will not be addressed in this post.)

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.

Alcohol consumption

While driving with a G2 license, a driver of any age is not allowed to consume any alcohol before driving.  Also, all drivers under the age of 21 (regardless of whether they have their full license) are not allowed to consume alcohol before driving.

The penalties for driving with alcohol in your system when under 21 or with a G2 can range from $60 to $500 upon conviction, along with a suspension of up to 30 days for a first offence. As well, there can be a 24 hour road side suspension of a license even before a conviction.

To learn more on drinking and driving under the G2 license. Click here.

Passengers

Naomi may also be violating 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 Naomi has had her G2 license for less than six months and is aged 19 and under, she 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.

Since Naomi has violated the rules around passenger numbers she will be subject to a suspension as outlined in the Novice Driver Escalating Sanction Scheme. (see below)

How do you get convicted for a G2-type offence?

    

G2-type offences are NOT criminal offences.  They are “provincial offences”. If someone is caught committing a G2-type offence they can be charged.  The charging process starts when a person (the defendant) is given a certificate of offence (kind of like a ticket) by a provincial offences officer, which can include a police officer and a municipal offences officer. The details for these proceedings can be found in the Provincial Offences Act. The authority for the application to G2 offences is found in the regulation under the act, Proceedings Commenced by a Certificate of Offence.

Where a provincial offences officer proceeds in this manner, he or she must serve the  certificate of offence on the defendant within 30 days of the alleged offence. The officer must then file the certificate of offence in the court office as soon as possible after service of the office notice or summons. It is open to the defendant to plead in one of three ways: not guilty, guilty “with representations”, or guilty.  If they plead guilty then they would pay the set fine, which is sometimes written onto the ticket. If the person does nothing within 15 days of service of the offence notice, then they are deemed not to dispute the charge and a conviction is registered.

The Novice Driver Sanction Scheme

As outlined on the OntarioMinistry of Transportation website,

Effective August 1, 2010, novice or hybrid drivers (drivers that hold a novice license and full license, e.g., G) will be subject to Novice Driver Escalating Sanctions. These sanctions will apply if, within a five year period, you:

• are convicted of violating any of the graduated licensing conditions;

The Novice Driver Escalating Sanctions are as follows:

• 30-day licence suspension for the first occurrence;
• 90-day licence suspension for the second occurrence; and
• Novice licence cancellation for the third occurrence. Upon a third occurrence, your novice driver’s licence will be cancelled and any time discount earned, time credited or fees paid would be forfeited. You must re-apply to the graduated licensing program by passing a vision and knowledge test and paying all licensing fees. After you pass these tests, you will enter Level One and get a Class G1 licence. You must serve all the Level One and Level Two waiting periods and start as a new driver. You would need to take a beginner driver education course to qualify for a time discount.

To read more on the G2 license restrictions, visit the Ontario Ministry of Transportation.

If you are a youth in Ontario and have legal questions about this issue, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Thanks to Inez Leutenegger, a PLE Team volunteer for writing this scenario for this post. Inez is currently a paralegal student. Legal information written by JFCY summer student Jeremy Ozier and JFCY volunteer Sarah Mehta Alexander. Legal information was reviewed by JFCY.

Fighting back: SELF DEFENCE AND THE LAW

Scenario

Jared, a grade ten student, is walking home from a friend’s house one night when he sees three grade twelve boys who go to his school. He remembers that these boys are tough and have been in several physical fights. Jared attempts to pass by the boys without any confrontation, but the boys stop him in his path and start asking him questions.

“Where are you going so fast?” says one.

“Can’t say hi?” says another of the boys.

Jared begins to feel intimidated. He attempts to walk around the boys but they push him back in front of them. Jared retaliates in reaction, punching one of the boys and breaks the boys’ nose. The response stuns the boys and Jared quickly runs away, escaping the boys. When he gets home he tells his parents what has happened, and they encourage him to call the police and let them know what has happened.

Legal questions:

When the three boys surrounded Jared and shoved him, was this considered assault?

If yes, does this qualify Jared’s reaction (a punch) as self-defense?

Legal answers:

Many youth feel that if someone else throws the first punch (for example) then anything that follows is legally acceptable since they are acting in ‘self defence’. This is not always the case. It is important to understand what self-defence really is.

1. Yes, this is an assault. An assault involves any application of force, or touching, to another person without their consent. This includes shoving them, or hitting them with something, or using your fists. It would also be an assault if the boys threatened Jared or attempted to hit him and missed, as long as Jared reasonably believed they could do so if they wanted. Swinging a punch at someone and not hitting is still an assault.
2. Yes, this does qualify Jared’s reaction as self-defence. Every person who is unlawfully assaulted without having provoked the assault is justified in repelling that force, using his or her own force, so long as that force is not intended to cause death or grievous bodily harm, and is no more than necessary to defend him or herself.
3. As mentioned above, self-defence must not be intended to cause death or serious bodily harm, and it must be no more than necessary to defend yourself. If someone punches you, you don’t have the right to punch them until they are seriously hurt or killed. Self-defence must be both reasonable and necessary in the circumstances.

Blog post by PLE Team Volunteer Marsha Rampersaud and JFCY summer law student Jeremy Ozier.

Comic on Youth Privacy

Check out this awesome comic produced by the Office of the Privacy Commissioner of Canada:
Social Smarts: Privacy, the Internet and You

It has useful information about privacy issues for social media, cell phones, video games, etc, as well as a "10 Tips to Protect Your Privacy Online."

A PLE Team volunteer's ideas about what to do this summer

PLE Team Volunteer Qasim Syed

My name is Qasim Syed and I am  PLE Team  youth volunteer at JFCY. 


I wrote this blog in order to showcase the options available to make use of your extra time now that summer is approaching. I think there is value in youth keeping themselves busy. When I was in grade 5, I joined the community centre which was located really close to my house. Throughout the years, I participated in many of the events and activities, especially basketball. For those that know me, they know that I have loved basketball ever since and it has helped positively shape my life. I now participate in volunteering activities and school clubs.


As summer is approaching, it is a great time to start to think about what you may want to do with all that extra time. This blog will provide you with some information on opportunities to participate in sports and do volunteer work. I live in Toronto, so the activities here are Toronto-focused; however, if you want to check out options in your community I would suggest that you start by looking up your local YMCA or community centre.

Sports

Participating in sports is a great way to enjoy your time off during the summer. Some examples of sports that promote skill development in youth include: basketball, swimming, track and field and beach activities such as frisbee and beach volleyball.

Sports can help develop confidence and give you the opportunity to interact with others who have similar interests.

The YMCA organizes lots of activities for youth to participate in sports over the summer. Click here to find the location nearest youth.  The YMCA offers financial assistance to low-income families and youth so that everyone has the opportunity to participate in their programs. For more info on financial assistance, ask someone at the YMCA or check out this application form. 


Activities at local community centres are often free or low cost.


The City of Toronto also has many opportunities for youth to get involved in sporting activities over the summer. Click here for more information.

Volunteering Opportunities for Youth

Volunteering or finding a hobby is a great way to meet new people and develop skills and discover new interests.Volunteering is not only a great way of being productive but also encourages better time management. Moreover, by joining club or volunteering you could end up discovering a new activity or hobby you enjoy.

At your Community Centre

The opportunities are endless.The community centres around your neighborhood have several different varieties of clubs and activities to choose.


To find out more about community centre volunteering opportunities click here.


With Charities


There are also charities in Toronto which are always looking for new volunteers. No matter what your interest from working with the environment to health organizations there are a variety of charities in Toronto which are always looking for more volunteers!


A great website which lists lots of opportunities to volunteer is Volunteer Toronto. 


For other communities in Ontario, check out the Ontario Volunteer Centre Network.


At Festivals and Events


Toronto in the summer time is host to many events and festivals which need the help of volunteers to run smoothly. 


For more information on events happening in Toronto this summer click here


Events at Harbourfront Center click here

For more information on events happening daily click here


If you have other ideas on affordable summer activities for youth, leave a comment on the blog so you can share your knowledge with others!

f you are under age 18 in Ontario and have legal questions about your rights please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

This post was written by Qasim Syed, a PLE Team Member volunteer, with contributions by JFCY volunteer Sarah Mehta Alexander and a JFCY staff lawyer.

Pot: What is the law?

Scenario:

Jeremy, 17, and his friends are excited to go to a big house party. Jeremy’s parents have even lent Jeremy their car for the evening on the condition that he not consume any drugs or alcohol. Along the way to the party, Jeremy stops to pick up his friend Jonathan. As Jonathan approaches the car, he pulls out a few small bags of weed and says to Jeremy “we are going to get sooo stoned tonight!” Jeremy, usually a good boy, decides to take a  small bag and put it in his pocket.  He doesn't plan on smoking it but doesn't want to look like a loser in front of his friends. Jeremy lets Jonathan smoke some weed en route to the party.

The two boys are stopped by the police for driving with a broken taillight. When the police officer approaches the car, she smells burnt marijuana and demands the boys exit the car. After a “pat down” search of Jonathan’s clothes, the officer discovers the bag of weed in one of Jonathan’s pockets.

QUESTION:

Can Jeremy be found guilty of possession even though he did not intend to use the drugs? Did the officer have the right to search inside Jeremy and Jonathan’s pockets?

Answer: Jeremy may be found guilty of possession even without the intention of using the weed. He had the drugs in his pocket and thus they were in his possession. (See s. 4(3)(b) of the Criminal Code.) 

Answer: the legitimacy of the search of Jonathan’s pocket depends on whether or not the officer had “reasonable grounds” to suspect Jonathan was committing an offence. (See s.495 of the Criminal Code.) Odour may form the basis of a reasonable suspicion. (To read a court case about this click here.)

MORE ON MARIJUANA AND THE LAW

Marijuana is the most commonly used illicit drug in Canada. Over 10 million Canadians are estimated to have used marijuana at least once in their lives. Although some advocacy groups continue to push for its decriminalization, marijuana and its derivatives remain illegal under the Controlled Drugs and Substances Act (CDSA).

There are legal consequences of possessing and distributing marijuana. Below is as a description of the charges, and examples of punishable activity, as well as some info on your rights during police searches.

CHARGE: Possession of marijuana

In the CDSA the definition of drug possession is borrowed from section 4(3) of the Criminal Code of Canada.   “Possess” means to have the drug on your person, but you may also be charged with possession if someone else is holding the drug for you or if you have it stashed someplace for future use. 

CHARGE: Trafficking of marijuana

The definition of “trafficking” under the CDSA is very broad. To traffic marijuana is “to sell, administer, give, transfer, transport, send or deliver the substance...” or to sell an authorization to purchase marijuana.  Selling does not require payment in exchange for the drug. Any kind of transporting/delivering, offer of sale and distribution –even if not in exchange for anything –can fall under trafficking. Consider a situation where a group of friends get together and smoke Marijuana that one person “picked up”. The individual who shared the drug has 'trafficked' regardless whether he asked his friends to pay or not.

You need not actually commit the crime of trafficking in order to be punished for more than mere possession. Possession for the purposes of trafficking is often punished just as heavily as actual trafficking.

 

Marijuana-related searches

Everyone has a right not to be “unreasonably” searched, but a police officer may search you with or without a warrant, provided there are reasonable grounds to believe you are in possession of a controlled substance. Where a police officer conducts a search without a warrant, s/he must justify the search afterwards in order to use the evidence obtained. 

There must be some factual basis for suspicion in order to justify the search. This might be a tip from an informant or something the police observed. Your reputation and criminal record are also admissible pieces of information the police may use to establish reasonable suspicion.

You can legally refuse consent to be searched, regardless to how many requests the police officers make to search you or enter your home or vehicle. However, the police may refuse to allow you entry into a restricted area unless you consent to a search.

Giving them voluntary consent makes police searches automatically legal.

In public, police can request you to stop and engage you in a conversation . Police can legally use false pretenses (lie), use intimidation techniques, and steadily attempt to persuade you into giving them permission for a search. But until they formally arrest you, you have a right to refuse consent for a search and walk away from them. It helps to remain respectful, to identify yourself, and avoid making quick movements (especially towards the pockets!). Avoiding having Marijuana in public, of course, helps.

If an arrest is made, remember that you have the right to remain silent and insist to speak with a lawyer.

For more info on your rights during a police stop or search, check out JFCY’s resources here: http://www.jfcy.org/ycj-police.html

This post was written by JFCY PLE Team Volunteer Shawn Malik and JFCY summer law student Robin McNamara.  Legal info was reviewed by JFCY.

Photo Sources:

http://www.canada.com/health/4610785.bin?size=620x400

http://tobaccoblog.blogetery.com/files/2011/11/possession-of-marijuana.jpg