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.
The Ontario Human Rights Code protects all individuals from discrimination based on gender identity and gender expression. Under the Code, there is a legal duty to accommodate the needs of people based on their gender identity or gender expression, unless it would cause “undue hardship”. Undue hardship is legal test that looks at many factors; you should discuss this with a lawyer.
Schools must make changes to accommodate and provide an identity-affirming, discrimination-free learning environment for trans, non-binary, Two Spirit and gender variant students. These changes are to ensure integration and full participation in all aspects of the classroom and school community.
As a trans, non-binary, Two Spirit and/or gender variant person, you have the right to access gender segregated spaces that correspond with, or best meet your needs in relation to, your gender identity. Examples of these spaces: locker rooms, change rooms, washrooms and sports teams.
Alternative accommodations, such as a separate all-gender washroom or change room, are within your legal right to request. However, an alternative accommodation cannot be forced on you. You have a right to use the gender segregated space that best meets your self-identified needs in relation to your gender identity.
There are many resources available, including:
Policy on Preventing Discrimination Because of Gender Identity and Gender Expression by the Ontario Human Rights Commission
Policy on Creating Inclusive Environments for Trans Participants in Canadian Sport by the Canadian Centre for Ethics in Sport
Leading the Way: Working with LGBT Athletes and Coaches by Canadian Association for the Advancement of Women and Sport and Physical Activity
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.
The Ontario Human Rights Code protects all individuals from discrimination based on gender identity and gender expression. Under the Code, there is a legal duty to accommodate the needs of people based on their gender identity or gender expression, unless it would cause “undue hardship”. Undue hardship is legal test that looks at many factors; you should discuss this with a lawyer.
Schools must make changes to accommodate and provide an identity-affirming, discrimination-free learning environment for trans, non-binary, Two Spirit and gender variant students. These changes are to ensure integration and full participation in all aspects of the classroom and school community.
As a trans, non-binary, Two Spirit and/or gender variant person, you have the right to access gender segregated spaces that correspond with, or best meet your needs in relation to, your gender identity. Examples of these spaces: locker rooms, change rooms, washrooms and sports teams.
Alternative accommodations, such as a separate all-gender washroom or change room, are within your legal right to request. However, an alternative accommodation cannot be forced on you. You have a right to use the gender segregated space that best meets your self-identified needs in relation to your gender identity.
There are many resources available, including:
Policy on Preventing Discrimination Because of Gender Identity and Gender Expression by the Ontario Human Rights Commission
Policy on Creating Inclusive Environments for Trans Participants in Canadian Sport by the Canadian Centre for Ethics in Sport
Leading the Way: Working with LGBT Athletes and Coaches by Canadian Association for the Advancement of Women and Sport and Physical Activity
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.
