Youth and Your Rights: Right to a Lawyer!

It is your fundamental right, under the Youth Criminal Justice Act (YCJA) to have a lawyer should you come in contact with the law! What does this right mean?

If you are detained or arrested by the police, you have a right to call a lawyer. Police must give you the phone number for a lawyer. For this purpose, you are allowed as many calls as you need.

If you are formally charged with breaking the law, should always speak with a lawyer. It is your right to have a lawyer represent you in court.

Here are some contacts to help you find a lawyer:

Justice for Children and Youth:

416-920-1633 / 1-866-999-5329
Advice, referrals and legal representation for low-income youth under 18.

Lawyer Referral Service:

416-947-3330 / 1-800-268-8326
(free for youth under 18)
Referrals to lawyers in various areas of practice; 30 min free advice.

Legal Aid Ontario:

416-598-0200 / 1-800-668-8258
www.lao.on.ca

What if you can’t afford a lawyer? See this post for more information!

Guest Blogger Tracy: Shoplifting Part II - Civil Recovery Demand Letters

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 back Tracy Chen, a third-year Ryerson Journalism student. The following scenario continues on from the previous blog post. Today's post explains what happens after Clara is caught shoplifting and is sent Civil Recover Demand Letters from the store.

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Days after Clara is caught shoplifting, Wal-Mart sends her a Civil Recovery Demand Letter.

These letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency, called "Civil Recovery" claiming the costs of detecting shoplifters in their stores. The letters sometimes suggest that if you don't pay by a certain date the amounts will increase.  

These letters are not a court order. You can choose the pay the amount or not. If you do not pay, the store can start a lawsuit. It has been JFCY's experience that it is rare for the lawyer or company to follow up with a court action if someone refuses to pay.

So, Clara can ignore the letter. In most cases of shoplifting the store has not lost money once items are recovered.

If the letter is addressed to the parent, the parent does not have to pay either. Parents are only legally responsible for harm caused by their children if the parents are negligent in the way they supervised them or directed their children to cause harm.  

A Civil Recovery Demand Letter will often refer to the Parental Responsibility Act as the basis for the store's claim against the parent. This Act only states that a parent might have to prove they were not negligent. This does not mean that the parent is always legally responsible for their child's actions. It is unlikely that a court would find parents negligent for allowing their teenage to go shopping at a mall. 

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For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!


To watch this informative video on the topic click here: http://jfcy1.blogspot.com/2011/09/video-civil-recovery-demand-letters.html

Guest Blogger Tracy: On Shoplifting

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 Tracy who writes to us with a scenario involving shoplifting.

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Clara, 15 is caught shoplifting at Wal-Mart for a pair of sneakers. Upon leaving the store, she is caught by security officers when the alarm goes off. They take the sneakers and make a telephone call to the police. Before the police have arrived, the security officers try to make Clara sign a document before she leaves the store. They threaten her and tell her she will be charged by the police if she does not sign the document? What are her rights?

1. Some store security guards may have you sign a document before allowing you to leave the store. Clara does not have to sign the document. If she does not sign the document, she does not have to make the payment claimed.
2. It is not legal for someone to threaten to have you charged by the police if you do not sign a document or agree to pay them money.
3. It is not legal for someone, other than a police officer, to refuse to let you leave if you do not sign the document.
4. The security guard may keep Clara at the store until the police arrive.
5. If Clara tries to run away, it is legal for someone to use reasonable force to arrest or detain Clara if they have caught her shoplifting and she tries to run away.

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For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!

Greetings from your new JFCY Blogger!

I hope the school year is off to a great start!

My name is Akosua Matthews and I’m also starting a new school year again - this time as a first year law student at the University of Toronto.

I’ve recently started volunteering at Justice For Children and Youth (JCFY) and will be at JCFY for the rest of the academic year. How did I hear about Justice For Children and Youth and what will I be doing at JCFY?

Well, I was fortunate enough to be placed at Justice for Children and Youth through another great organization called Pro Bono Students Canada (PBSC).

PBSC is a national student organization that engages law students in volunteer legal work across Canada. PBSC is a very popular organization and draws approximately 2,000 law students from across Canada to get involved and volunteer their time. It gives law students a chance to develop our legal skills and provide some assistance to various organisations.

At JFCY, I will be responsible for updating the Facebook Page and the JFCY blog to engage youth (you!) with the legal issues that affect your lives. I will also be assisting with the Public Legal Education (PLE) committee which brings together youth and adults from various backgrounds to create communications (YouTube videos, pamphlets, newsletters, facebook, blogs, etc…) to inform young people of their legal rights.

Youth can get involved with JCFY by volunteering for the PLE Committee. The PLE committee meets 1-2 times per month on a weekday evening at the JFCY office (415 Yonge Street, Suite 1203). Food and subway tokens are provided. To get involved, contact JFCY at 416-920-1633 and ask for Dre Luey.

In the meantime, I would love to receive input on general legal issues affecting youth that JCFY could provide some information on. Feel free to comment below and post general topics to help us generate ides. Of course, any issues of a personal matter, particular to your situation, you should feel free to contact JFCY directly to speak to a lawyer. We cannot provide legal advice over the internet.

I look forward to hearing your input and perhaps seeing you in person should you decide to volunteer with our PLE Committee. Stay tuned for more regular posts on our Facebook Page and JCFY Blog!

Happy Thanksgiving and enjoy the long weekend!

CALLING ALL YOUTH! Join our Public Legal Education Committee.

The Public Legal Education (PLE) Committee brings together youth and adults from various backgrounds to create communications (YouYube videos, pamphlets, newsletters, facebook, blogs, etc…) for young people to inform them of their legal rights. This Committee formed in June 2010 and meets 1 - 2 times per month on a weekday evening at the JFCY office. Food and subway tokens are provided.
For info call JFCY at 416.920.1633 and ask for Dre Luey.

BACK TO SCHOOL!!!!

JFCY wishes all Ontario students a happy first day of school.

Here are some quick legal facts about school in Ontario:

1) You are eligible to attend public school starting at age 4
2) You MUST attend school from ages 6-18, or until you graduate high school (unless you have a valid legal excuse)
3) If you skips school regularly, you could be charged with truancy
4) You have the right to attend school even if you are not a Canadian citizen or permanent resident. However, in some situations your parents may have to pay a fee.
5) You have a right to see your Ontario Student Record at any age
6) If you are legally required to attend school and you are working at a job (other than co-op) during school hours, your employer could be fined.

For more information, or to talk about your specific situation, please call JFCY at 416.920.1633 or 1.866.999.5329.