Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Alcohol
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What are the rules on alcohol use?
The Liquor License and Control Act (LLCA) makes rules about the use of alcohol in Ontario. Here are some important things to know about the rules in the LLCA:
- Only people over the age of 19 can legally consume alcohol, subject to the exception described below
- People under the age of 19 can consume alcohol only if it is supplied to them by their parent or legal guardian and it is consumed in their home in the presence of the parent or legal guardian.
- The legal age for someone to be employed to sell or serve alcohol is 18.
- It is illegal to sell alcohol products to someone under age 19.
- It is illegal to use a fake ID to obtain alcohol. It is also illegal to use someone else’s ID as your own to obtain alcohol.
- You cannot have an opened bottle of liquor in a public place.
- You cannot be intoxicated in a public place.
If you break any of the laws, you may receive a ticket. Ticket amounts vary widely depending on the incident, but the general amount for a first offence is $70.00. If you receive a ticket under the Liquor License and Control Act and you cannot afford to pay the fine, you can always oppose the fine in court and ask to have it reduced to something you can afford to pay.
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Police powers to take alcohol
A police officer may take anything he or she believes to be evidence of a Liquor License and Control Act offence, which may include empty bottles and drinking glasses that have been used for drinking alcohol. The officer can also take things used in committing the offence if it is necessary to prevent their further use, for example, alcohol that is being provided to underage persons. Any proceeds gained from the offence, such as money from selling liquor without a licence, can also be taken.
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Being arrested?
You can be arrested under the Liquor License and Control Act if the police feel that they need to find out your correct name and address, if you are intoxicated in public or a place “used in common by others”, and it is necessary for the safety of any person.
If arrested, you should immediately ask to speak to a lawyer or duty counsel. You should not make any statements before you have had the opportunity to speak with a lawyer.
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Youth Criminal Justice
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
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Education
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
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Leaving Home
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
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Health & Mental Health
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
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Discrimination and LGBTQI2S Rights
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
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Provincial Offences
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
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Tickets
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Trespassing
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Streets & Sidewalks
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Panhandling
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Parks
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Alcohol
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What are the rules on alcohol use?
The Liquor License and Control Act (LLCA) makes rules about the use of alcohol in Ontario. Here are some important things to know about the rules in the LLCA:
- Only people over the age of 19 can legally consume alcohol, subject to the exception described below
- People under the age of 19 can consume alcohol only if it is supplied to them by their parent or legal guardian and it is consumed in their home in the presence of the parent or legal guardian.
- The legal age for someone to be employed to sell or serve alcohol is 18.
- It is illegal to sell alcohol products to someone under age 19.
- It is illegal to use a fake ID to obtain alcohol. It is also illegal to use someone else’s ID as your own to obtain alcohol.
- You cannot have an opened bottle of liquor in a public place.
- You cannot be intoxicated in a public place.
If you break any of the laws, you may receive a ticket. Ticket amounts vary widely depending on the incident, but the general amount for a first offence is $70.00. If you receive a ticket under the Liquor License and Control Act and you cannot afford to pay the fine, you can always oppose the fine in court and ask to have it reduced to something you can afford to pay.
-
Police powers to take alcohol
A police officer may take anything he or she believes to be evidence of a Liquor License and Control Act offence, which may include empty bottles and drinking glasses that have been used for drinking alcohol. The officer can also take things used in committing the offence if it is necessary to prevent their further use, for example, alcohol that is being provided to underage persons. Any proceeds gained from the offence, such as money from selling liquor without a licence, can also be taken.
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Being arrested?
You can be arrested under the Liquor License and Control Act if the police feel that they need to find out your correct name and address, if you are intoxicated in public or a place “used in common by others”, and it is necessary for the safety of any person.
If arrested, you should immediately ask to speak to a lawyer or duty counsel. You should not make any statements before you have had the opportunity to speak with a lawyer.
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
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Immigration & Refugee
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
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Homeless Youth Over 18
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.