Page 35 - OSCA Ethical Guidelines - 2009.pdf

Appendix C
Summary of Age-Based Legal Milestones for Youth in Ontario, Canada
When can I ...
... Be charged for a criminal act?
... See a doctor or talk to a counsellor
by myself?
... Buy and drink alcohol? ... Quit school?
This site gives general information about age-based laws in Ontario.
Speak to a lawyer about specific questions.
UNDER 12
• Starting School
You can start school when you are
4 (or will be turning 4 between Sept 1st and Dec 31st of that school year) if your school board offers junior kindergarten, or when you are 5 (or will be turning 5 between Sept 1st and Dec 31st of that school year)
if your school board offers senior kindergarten.
You are required to attend school at age 6 [Education Act]
• Your consent is required for you to be adopted once you turn 7 [Child and Family Services Act]
• If you have serious criminal-type behaviour (examples: killing or badly injuring someone, or destroying property), your parents are supposed to provide treatment or consent to treatment to correct this behaviour. If your parents do not do this, you can be taken into the care of a Children’s Aid Society. [Child and Family Services Act]
• You can be ordered by a court to
go into a treatment program for a mental health issue. There may be restrictions on what you can do and where you can go. This requires consent by the Minister for Children and Youth Services. [Child and Family Services Act]
12 & OVER
• You can consent to sexual activity only with a person who is less than 2 years older, except with a person in a position of authority or trust [Criminal Code of Canada]
• You can be charged for provincial offences and your parents will be notified. Examples:
skipping school, jaywalking and trespassing.
[Provincial Offences Act]
• You can be charged for federal criminal offences and your
parents will be notified. Examples: shoplifting, assault and having a weapon or drugs.
[Youth Criminal Justice Act]
• Your consent is required to have your name changed [Change of Name Act]
• Your consent is required if your parents want to place you with a Children’s Aid Society [Child and Family Services Act]
• If you are in the care of a Children’s Aid Society, you can apply to the court to have this changed [Child and Family Services Act]
• You can see a counsellor or therapist without your parent’s knowledge or consent
[Child and Family Services Act]
• The court can order you into a treatment program if you have a mental health issue. There may be restrictions on what you can do and where you can go.
[Child and Family Services Act]
14 & OVER
• You can consent to sexual activity only with a person who is within 5 years of your age, except with a person in a position of authority or trust [Criminal Code of Canada]
• You can live with someone else against the wishes of your legal guardian. The other person will not be charged with a criminal offence as long as they did not assist you in leaving home. [Criminal Code of Canada]
• You can be given an adult sentence for more serious criminal offences. Examples: murder, attempted murder, manslaughter, and sexual assault involving serious violence [Youth Criminal Justice Act]
• Quitting School
The law on quitting school
changed on January 1st, 2007.
You are now required to attend school (or an equivalent learning program approved by the Ministry of Education) until you are 18 years old.
UNDER 16
• If there are concerns about your parents providing for your health or safety, you can be removed from your home and taken to a safe place or brought into the care of a Children’s Aid Society. The court may be involved in
deciding how to keep you safe. [Child and Family Services Act & Children’s Law Reform Act]
• Between midnight and 6 a.m. you are not allowed to be in a public place unless you are with your parents (or with another person over 18 and with your parents’ permission)
[Child and Family Services Act]
• You are competent to appoint and instruct your own lawyer for legal proceedings about your admission into a facility for people with mental illnesses [Mental Health Act]
• Your legal guardian may exercise your rights to privacy and access
to information but not in respect of health care to which you consent
on your own [Municipal Freedom of Information and Protection of Privacy Act]
16 & OVER
• You can:
– Withdraw from your parent’s
control (i.e. leave home) but you may lose your right to financial support [Child and Family Services Act, Children’s Law Reform Act, & Family Law Act]
– Apply for a beginners driver’s license [Highway Traffic Act]
OSCA Ethical Guidelines for Ontario School Counsellors 2010 • www.osca.ca ■ 35