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.
A secure treatment program is an intensive care program to young people under 19 for acute and complex mental health issues. Placement in a secure treatment program are ordered by a court unless it’s an emergency. You may also not be allowed to see your Healthcare Record.
If you are 16 or 17 years old, you can apply to be in a secure treatment program. Speak to a lawyer or contact the Office of the Provincial Advocate for Children and Youth (OPACY) about making this application.
There are 4 secure treatment facilities in Ontario:
If you are under 12, the Minister of Community and Social Services has to give permission before a court can order you into a secure treatment program.
If you are between 12 and 15, your parents, guardians or a Children’s Aid Society can ask a court to order you into a secure treatment program.
If you are 16 or 17, your parents, guardians or a Children’s Aid Society can ask for a court order only if you agree; and your doctor can ask for a court order without your consent.
In an emergency, the same rules apply but it is the administrator of the secure treatment facility that must consent (not the court).
A hearing will be held within 10 days to decide if you should be in a secure treatment program. If you are between 12-17 years old, you can have a lawyer there to help you. If you go to the hearing without a lawyer, one will be appointed for you.
The court will consider whether:
The test for an emergency short-term admission (up to 30 days) is almost the same except that there only needs to be one example of threatened or actual harm.
The court can order that you stay there for up to 180 days at a time. These orders can be made longer by another court order, which is usually made near the end of the existing order. The facility can let you go before the order is over if they believe you no longer require a secure treatment program.
If you are 12 years old or older, you can make apply for a “review” of your secure treatment order.
For help, contact the Office of the Provincial Advocate for Child and Youth (OPACY).
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.
A secure treatment program is an intensive care program to young people under 19 for acute and complex mental health issues. Placement in a secure treatment program are ordered by a court unless it’s an emergency. You may also not be allowed to see your Healthcare Record.
If you are 16 or 17 years old, you can apply to be in a secure treatment program. Speak to a lawyer or contact the Office of the Provincial Advocate for Children and Youth (OPACY) about making this application.
There are 4 secure treatment facilities in Ontario:
If you are under 12, the Minister of Community and Social Services has to give permission before a court can order you into a secure treatment program.
If you are between 12 and 15, your parents, guardians or a Children’s Aid Society can ask a court to order you into a secure treatment program.
If you are 16 or 17, your parents, guardians or a Children’s Aid Society can ask for a court order only if you agree; and your doctor can ask for a court order without your consent.
In an emergency, the same rules apply but it is the administrator of the secure treatment facility that must consent (not the court).
A hearing will be held within 10 days to decide if you should be in a secure treatment program. If you are between 12-17 years old, you can have a lawyer there to help you. If you go to the hearing without a lawyer, one will be appointed for you.
The court will consider whether:
The test for an emergency short-term admission (up to 30 days) is almost the same except that there only needs to be one example of threatened or actual harm.
The court can order that you stay there for up to 180 days at a time. These orders can be made longer by another court order, which is usually made near the end of the existing order. The facility can let you go before the order is over if they believe you no longer require a secure treatment program.
If you are 12 years old or older, you can make apply for a “review” of your secure treatment order.
For help, contact the Office of the Provincial Advocate for Child and Youth (OPACY).
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.
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.
