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.
Yes, you can see a health practitioner by yourself (and without your parents involvement) unless the health practitioner decides that you are incapable. Being capable or incapable depends on your ability to understand the information you are given about the treatment, your ability to make decisions based on that information, and how complicated the treatment is. For example: a doctor may decide that you are capable to make decisions about taking specific drugs but that you are not capable to decide whether to undergo surgery.
If you are 12 years of age or older and you are in the care of a Children’s Aid Society, you do not need permission to see a counsellor.
A health practitioner should not give out any information about you to anyone (including your parents) without your consent unless you have been found incapable.
The consent you give should be done on a “Consent to Release Information” form that says exactly what information you allow them to share and who they are allowed to share it with. Before you sign a consent form, always read it carefully to make sure you agree with everything on it. You can ask for changes and withdraw your consent at any time.
You can also ask your health practitioner at the beginning to respect your rights and not tell anyone (including your parents) about your treatment and the information that you share with them.
If you are 12 years of age or older and you are in the care of a Children’s Aid Society, your health practitioner cannot tell your foster parent, worker or anyone else about the things you talk about unless you give your consent to share this information.
Exceptions:
Yes. You have the right to see your healthcare records (also called “clinical records”) as long as you have not been found incapable. These records include notes, letters and reports written by a health practitioner about you.
Exception: You may be stopped from seeing your record if it has been decided that it is bad for you to see it (eg. by the health practitioner or a Children’s Aid Society).
In general, no one else can see your records without your consent. Any consent that you give should be done on a Consent to Release Information Form. Before you sign a consent form, always read it carefully to make sure you agree with everything on it. If you only want specific parts of your records shared, then you should list exactly what you want to share and write down that everything else must be kept private. You can ask for changes and withdraw your consent at any time.
Exceptions:
If you are unsure, ask lots of questions. Your consent or refusal for each treatment must be both voluntary and informed. Before any treatment, your health practitioner should explain:
Yes. You can withdraw your consent at any time as long as you have not been found incapable. Tell your health practitioner that you don’t want the treatment anymore. You may also want to write a short letter telling your health practitioner that you don’t want the treatment anymore. In this case, you should sign, date and keep a copy of your letter.
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.
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.
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.
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.
Yes, you can see a health practitioner by yourself (and without your parents involvement) unless the health practitioner decides that you are incapable. Being capable or incapable depends on your ability to understand the information you are given about the treatment, your ability to make decisions based on that information, and how complicated the treatment is. For example: a doctor may decide that you are capable to make decisions about taking specific drugs but that you are not capable to decide whether to undergo surgery.
If you are 12 years of age or older and you are in the care of a Children’s Aid Society, you do not need permission to see a counsellor.
A health practitioner should not give out any information about you to anyone (including your parents) without your consent unless you have been found incapable.
The consent you give should be done on a “Consent to Release Information” form that says exactly what information you allow them to share and who they are allowed to share it with. Before you sign a consent form, always read it carefully to make sure you agree with everything on it. You can ask for changes and withdraw your consent at any time.
You can also ask your health practitioner at the beginning to respect your rights and not tell anyone (including your parents) about your treatment and the information that you share with them.
If you are 12 years of age or older and you are in the care of a Children’s Aid Society, your health practitioner cannot tell your foster parent, worker or anyone else about the things you talk about unless you give your consent to share this information.
Exceptions:
Yes. You have the right to see your healthcare records (also called “clinical records”) as long as you have not been found incapable. These records include notes, letters and reports written by a health practitioner about you.
Exception: You may be stopped from seeing your record if it has been decided that it is bad for you to see it (eg. by the health practitioner or a Children’s Aid Society).
In general, no one else can see your records without your consent. Any consent that you give should be done on a Consent to Release Information Form. Before you sign a consent form, always read it carefully to make sure you agree with everything on it. If you only want specific parts of your records shared, then you should list exactly what you want to share and write down that everything else must be kept private. You can ask for changes and withdraw your consent at any time.
Exceptions:
If you are unsure, ask lots of questions. Your consent or refusal for each treatment must be both voluntary and informed. Before any treatment, your health practitioner should explain:
Yes. You can withdraw your consent at any time as long as you have not been found incapable. Tell your health practitioner that you don’t want the treatment anymore. You may also want to write a short letter telling your health practitioner that you don’t want the treatment anymore. In this case, you should sign, date and keep a copy of your letter.
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.
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.
Emergency help, criminal court, civil remedy and other supports
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.
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.
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.
