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.
Individuals present in Canada often have an immigration “status”. For example, someone may be a Canadian Citizen, a Permanent Resident, a Foreign National (meaning they are in Canada on a temporary visa like a Work Permit or Visitor’s Visa), or they could be a Protected Person.
There are also individuals without status. This means they have no legal right to stay in Canada. These people could be detained by the Canada Border Services Agency (CBSA) and removed from Canada against their will.
If you have questions about your status, or are unsure what your status is, you should talk to a lawyer for assistance.
Comic below about JFCY’s Childhood Arrivals Support and Advocacy (CASA) program for young people who were brought to Canada as children and yet are living in Ontario without immigration status.
There may be several options available to you if you do not have status. One such option could be what is a called a Humanitarian and Compassionate (H&C) application. This is when you can ask Citizenship and Immigration Canada (CIC) for Permanent Residence based on humanitarian and compassionate reasons. Such reasons may include: your establishment in Canada (i.e. you have been present in Canada for a long time, or you have family or many friends here), your activities in Canada, or your volunteer work. You may also include information about the hardship that you will face should you have to go back to your home country.
Completing a well-done H&C application requires a lot of work and is time consuming. There are some Legal Aid Clinics where you can receive assistance completing your application. It is best to call Legal Aid Ontario to find a Legal Clinic near you that can help: 1-800-668-8258 or contact your local clinic.
Yes, unless you were born in Canada, it is possible to lose your status.
You could lose your status if you or your sponsor and/or family member lied about any fact on your immigration application (even if you have already received your Canadian Citizenship). You could also lose your status if you are a Permanent Resident or Foreign National and you have received a criminal conviction.
The law regarding immigration status and criminal convictions is very complicated. If you are a Permanent Resident or Foreign National and you have been charged with a criminal offence you should talk to a lawyer right away. A lawyer may help you negotiate in court so that you are able to safely stay in Canada.
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.
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.
Individuals present in Canada often have an immigration “status”. For example, someone may be a Canadian Citizen, a Permanent Resident, a Foreign National (meaning they are in Canada on a temporary visa like a Work Permit or Visitor’s Visa), or they could be a Protected Person.
There are also individuals without status. This means they have no legal right to stay in Canada. These people could be detained by the Canada Border Services Agency (CBSA) and removed from Canada against their will.
If you have questions about your status, or are unsure what your status is, you should talk to a lawyer for assistance.
Comic below about JFCY’s Childhood Arrivals Support and Advocacy (CASA) program for young people who were brought to Canada as children and yet are living in Ontario without immigration status.
There may be several options available to you if you do not have status. One such option could be what is a called a Humanitarian and Compassionate (H&C) application. This is when you can ask Citizenship and Immigration Canada (CIC) for Permanent Residence based on humanitarian and compassionate reasons. Such reasons may include: your establishment in Canada (i.e. you have been present in Canada for a long time, or you have family or many friends here), your activities in Canada, or your volunteer work. You may also include information about the hardship that you will face should you have to go back to your home country.
Completing a well-done H&C application requires a lot of work and is time consuming. There are some Legal Aid Clinics where you can receive assistance completing your application. It is best to call Legal Aid Ontario to find a Legal Clinic near you that can help: 1-800-668-8258 or contact your local clinic.
Yes, unless you were born in Canada, it is possible to lose your status.
You could lose your status if you or your sponsor and/or family member lied about any fact on your immigration application (even if you have already received your Canadian Citizenship). You could also lose your status if you are a Permanent Resident or Foreign National and you have received a criminal conviction.
The law regarding immigration status and criminal convictions is very complicated. If you are a Permanent Resident or Foreign National and you have been charged with a criminal offence you should talk to a lawyer right away. A lawyer may help you negotiate in court so that you are able to safely stay in Canada.
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.
