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.
Cannabis
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Who can possess recreational cannabis?
Adults over 19 years of age can possess recreational cannabis as of Oct 17, 2018.
Does this mean full legalization?
No, there are still regulations and rules. This is similar to alcohol and tobacco.
While there are federal laws that apply across Canada, the Provinces and Territories will each have their own laws that may restrict further. Also, within each Province and Territory, the local municipalities (cities and towns) and private places (eg. employers and landlords) can restrict even more. For example: the Ontario government allows for use in some public places, while the City of Markham within Ontario does not allow for any use in any public place.
If you are travelling within Canada, you will be subject to the laws of the Province and municipality you are in. There are also different laws on Medical Cannabis (see below).
If you are travelling outside of Canada, it is illegal to take (recreational and medical) cannabis across international borders.
What are the rules on having recreational cannabis?
Adults over 19 can:
- buy from the government online (and government licensed businesses sometime in 2019)
- consume
- possess up to 30 grams in public
- share with others who are over 19 years of age
- grow up to 4 plants per household (not per person)
Can youth under 19 have recreational cannabis?
No. In Ontario, if you are under 19 years of age you:
- not allowed to buy or consume
- not allowed to possess any amount
- not allowed to share with anyone
- not allowed to grow or harvest plants
Are there rules on when and where I can use recreational cannabis?
Yes, there are many restrictions, for example:
- no use at work
- no use in certain public places, such as playgrounds
- no use while you are driving a vehicle, including a motorcycle, car, truck, or boat – zero tolerance for drivers under 21 or those with a G1/G2 licence
- no use while you are a passenger in a vehicle
- no use in restaurants and bars, on restaurant and bar patios, and in public seating areas within 9 metres of a patio
- no use in hotel and motel rooms that do not allow smoking or vaping
What happens if I break the rules?
Anyone who breaks the rules can be given a Provincial Offences Ticket – see the Provincial Offences section of our Legal Wiki.
And anyone who is 12 – 17 years of age can be charged under the Youth Criminal Justice Act for possession over 5 grams or for sharing with anyone under 18 – see the Youth Criminal Justice section of our Legal Wiki.
What happens if a break the rules in school?
The laws on having drugs at school has not changed. A suspension may be considered for a student under the influence or in possession of cannabis; and a suspension will be required and an expulsion may be considered if a student gives cannabis to someone under 19 – see also our Education section of the Legal Wiki.
Is it discrimination that a young person can be charged while adults are not?
JFCY is concerned that a young person 12 – 17 years of age may be subjected to criminal sanctions and records, whereas an adult cannot be for the same offence(s). Some of these concerns have been also raised in a Robson Crim Blawg post.
Where can I get more information about recreational cannabis?
The Ontario Government and the Federal Government have websites that are designed to educate the public about all their laws on the recreational cannabis.
As the laws are new and more questions will be raised in the near future, JFCY will update this section as changes occur.
What about the use of cannabis for medical reasons?
The use of cannabis for medical purposes is not age restrictive and there are different rules on buying and amounts that can be in your possession.
To qualify for medical cannabis, you must have a medical document given to you by a doctor or nurse practitioner. You can not just tell your school, workplace, or the the police that you use cannabis for a medical purpose.
For more information on the impact of the legalization of recreational cannabis on the use of medical cannabis: Health Canada
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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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Age Based Laws
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Victims of Crime
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Cannabis
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Who can possess recreational cannabis?
Adults over 19 years of age can possess recreational cannabis as of Oct 17, 2018.
Does this mean full legalization?
No, there are still regulations and rules. This is similar to alcohol and tobacco.
While there are federal laws that apply across Canada, the Provinces and Territories will each have their own laws that may restrict further. Also, within each Province and Territory, the local municipalities (cities and towns) and private places (eg. employers and landlords) can restrict even more. For example: the Ontario government allows for use in some public places, while the City of Markham within Ontario does not allow for any use in any public place.
If you are travelling within Canada, you will be subject to the laws of the Province and municipality you are in. There are also different laws on Medical Cannabis (see below).
If you are travelling outside of Canada, it is illegal to take (recreational and medical) cannabis across international borders.
What are the rules on having recreational cannabis?
Adults over 19 can:
- buy from the government online (and government licensed businesses sometime in 2019)
- consume
- possess up to 30 grams in public
- share with others who are over 19 years of age
- grow up to 4 plants per household (not per person)
Can youth under 19 have recreational cannabis?
No. In Ontario, if you are under 19 years of age you:
- not allowed to buy or consume
- not allowed to possess any amount
- not allowed to share with anyone
- not allowed to grow or harvest plants
Are there rules on when and where I can use recreational cannabis?
Yes, there are many restrictions, for example:
- no use at work
- no use in certain public places, such as playgrounds
- no use while you are driving a vehicle, including a motorcycle, car, truck, or boat – zero tolerance for drivers under 21 or those with a G1/G2 licence
- no use while you are a passenger in a vehicle
- no use in restaurants and bars, on restaurant and bar patios, and in public seating areas within 9 metres of a patio
- no use in hotel and motel rooms that do not allow smoking or vaping
What happens if I break the rules?
Anyone who breaks the rules can be given a Provincial Offences Ticket – see the Provincial Offences section of our Legal Wiki.
And anyone who is 12 – 17 years of age can be charged under the Youth Criminal Justice Act for possession over 5 grams or for sharing with anyone under 18 – see the Youth Criminal Justice section of our Legal Wiki.
What happens if a break the rules in school?
The laws on having drugs at school has not changed. A suspension may be considered for a student under the influence or in possession of cannabis; and a suspension will be required and an expulsion may be considered if a student gives cannabis to someone under 19 – see also our Education section of the Legal Wiki.
Is it discrimination that a young person can be charged while adults are not?
JFCY is concerned that a young person 12 – 17 years of age may be subjected to criminal sanctions and records, whereas an adult cannot be for the same offence(s). Some of these concerns have been also raised in a Robson Crim Blawg post.
Where can I get more information about recreational cannabis?
The Ontario Government and the Federal Government have websites that are designed to educate the public about all their laws on the recreational cannabis.
As the laws are new and more questions will be raised in the near future, JFCY will update this section as changes occur.
What about the use of cannabis for medical reasons?
The use of cannabis for medical purposes is not age restrictive and there are different rules on buying and amounts that can be in your possession.
To qualify for medical cannabis, you must have a medical document given to you by a doctor or nurse practitioner. You can not just tell your school, workplace, or the the police that you use cannabis for a medical purpose.
For more information on the impact of the legalization of recreational cannabis on the use of medical cannabis: Health Canada
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Police Stops & Searches
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Police Complaints
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Security Guards
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Shoplifting Demand Letters
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Sexual Activity
Open
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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.