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.
Parks
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City parks
Parks that are within a city (e.g. Grange Park, Alexandra Park in Toronto) are usually owned by the local municipality and governed by their specific park by-laws. While each by-law is different, they usually prohibit the same type of conduct and give the police and municipal by-law officers the power to issue tickets.
For example, in the City of Toronto, the following activities are prohibited in city parks:
- swearing
- throwing things (e.g. beer bottles)
- creating a nuisance by frightening, annoying, disturbing others or loitering
- injuring trees
- setting up a tent without a permit
- dwelling, camping or lodging in a park without a permit
- doing anything violent, threatening or illegal
- setting off fireworks
- being too loud
- drinking alcohol
The City of Toronto by-law also makes it illegal to be in a Toronto park between the hours of midnight and 5:30a.m., unless you have a permit.
Generally, people are allowed to be in public spaces. However, dwelling in a park without a permit is prohibited. Accidentally falling asleep or having a nap is probably not dwelling in a park. If you get a ticket for sleeping in a park, you should fight the charge in court. If you get a ticket for violating a park rule, you should consider fighting the charge or asking for a fine reduction.For more information, see the wiki section on Tickets.
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Are there rules about park use?
All property belongs to someone. Public property belongs to the city, to the province or to the federal government. The owner or occupier of property (e.g. manager, tenant, employee or other authorized person) can make rules not only about who can use their property, but also what can be done on that property.
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Provincial parks
Some parks are owned by the province (e.g., Algonquin Park). Provincial laws for these parks make it illegal to beg or solicit, litter, create a disturbance, camp overnight without a permit, and trespass unlawfully by being in the park after closing hours.
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Tickets
Any police officer, provincial offences officer, or municipal employee can order you to stop a prohibited activity or to leave the park. You must obey or you will lose your permission to stay in the park and you could also get a trespassing ticket. If you are drinking in the park, you may get a ticket under the Liquor Licence Act.
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Being arrested?
If you are being arrested, you should immediately ask to speak to a lawyer or duty counsel. You should not make any statement before you have had the opportunity to speak with a lawyer. You rights when you are placed under arrest will depend on what you are being arrested for, and whether you have been arrested by the police or by a civilian.
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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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City parks
Parks that are within a city (e.g. Grange Park, Alexandra Park in Toronto) are usually owned by the local municipality and governed by their specific park by-laws. While each by-law is different, they usually prohibit the same type of conduct and give the police and municipal by-law officers the power to issue tickets.
For example, in the City of Toronto, the following activities are prohibited in city parks:
- swearing
- throwing things (e.g. beer bottles)
- creating a nuisance by frightening, annoying, disturbing others or loitering
- injuring trees
- setting up a tent without a permit
- dwelling, camping or lodging in a park without a permit
- doing anything violent, threatening or illegal
- setting off fireworks
- being too loud
- drinking alcohol
The City of Toronto by-law also makes it illegal to be in a Toronto park between the hours of midnight and 5:30a.m., unless you have a permit.
Generally, people are allowed to be in public spaces. However, dwelling in a park without a permit is prohibited. Accidentally falling asleep or having a nap is probably not dwelling in a park. If you get a ticket for sleeping in a park, you should fight the charge in court. If you get a ticket for violating a park rule, you should consider fighting the charge or asking for a fine reduction.For more information, see the wiki section on Tickets.
-
Are there rules about park use?
All property belongs to someone. Public property belongs to the city, to the province or to the federal government. The owner or occupier of property (e.g. manager, tenant, employee or other authorized person) can make rules not only about who can use their property, but also what can be done on that property.
-
Provincial parks
Some parks are owned by the province (e.g., Algonquin Park). Provincial laws for these parks make it illegal to beg or solicit, litter, create a disturbance, camp overnight without a permit, and trespass unlawfully by being in the park after closing hours.
-
Tickets
Any police officer, provincial offences officer, or municipal employee can order you to stop a prohibited activity or to leave the park. You must obey or you will lose your permission to stay in the park and you could also get a trespassing ticket. If you are drinking in the park, you may get a ticket under the Liquor Licence Act.
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Being arrested?
If you are being arrested, you should immediately ask to speak to a lawyer or duty counsel. You should not make any statement before you have had the opportunity to speak with a lawyer. You rights when you are placed under arrest will depend on what you are being arrested for, and whether you have been arrested by the police or by a civilian.
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Alcohol
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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.