Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario; this information is also available in Publication format. 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.
Exclusions
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COVID-19 and school
Special Education: the laws have not changed and students continue to have a right to accommodation.
Discipline: as of July 31, 2020, students in JK through grade 3 can not be suspended.
Discipline Proceedings: On April 14, 2020, the Ontario government passed Bill 189, Coronavirus (COVID-19) Support and Protection Act. Impact on school discipline proceedings is that they are now placed on hold and hearings do not have to comply with existing timelines until the Emergency Measures come to an end. Example: there will be no expulsion hearings at this time, they are all placed on hold, and after schools reopen, hearings must be held within the usual timeline of 20 days.
Please contact us if you have any questions or want legal advice.
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When can a school exclude me?
The principal can exclude you from a school if he or she believes that you have a serious contagious disease, or that your presence at the school would be detrimental to the physical or mental well-being of other students. This is a “refuse to admit”. You can appeal this decision to the school board.
If you are excluded by a principal from a school, you can still attend another school within the board.
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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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Attendance Rights
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Special Education
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Suspensions
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Expulsions
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Exclusions
Close-
COVID-19 and school
Special Education: the laws have not changed and students continue to have a right to accommodation.
Discipline: as of July 31, 2020, students in JK through grade 3 can not be suspended.
Discipline Proceedings: On April 14, 2020, the Ontario government passed Bill 189, Coronavirus (COVID-19) Support and Protection Act. Impact on school discipline proceedings is that they are now placed on hold and hearings do not have to comply with existing timelines until the Emergency Measures come to an end. Example: there will be no expulsion hearings at this time, they are all placed on hold, and after schools reopen, hearings must be held within the usual timeline of 20 days.
Please contact us if you have any questions or want legal advice.
-
When can a school exclude me?
The principal can exclude you from a school if he or she believes that you have a serious contagious disease, or that your presence at the school would be detrimental to the physical or mental well-being of other students. This is a “refuse to admit”. You can appeal this decision to the school board.
If you are excluded by a principal from a school, you can still attend another school within the board.
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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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Child Discipline, Child Protection & Child Custody
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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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.