Youth Criminal Justice
12
At what age can you quit school?
You can quit school the year you turn 18. If your birthday is between January and the end of the school year in June, you can quit on your 18th birthday. If your birthday comes later that year (ie June-December), you can quit on the last day of school. They won't make you come back in the Fall.
Any age
Can children without immigration status attend primary and secondary school in Ontario?
s.49.1 of the Education Act: "a person under 18 years old who is otherwise entitled to be admitted to a school cannot be refused admission solely because they or their parent/guardian is unlawfully in Canada."
Will a young person who commits a crime always be charged by a police officer?
No. Before charging a youth a police officer must consider whether it would be appropriate in the situation to give a warning or a caution (some places may have special caution programs), or if the youth agrees they can be sent to community programming (EJM)
If a young person suffers from a disability that makes them disruptive to other students in the the classroom, can the school force them to home school?
No. The school board has a duty to accommodate disability to the point of undue hardship. How these cases play out can be very, very, very challenging.
At what age can you apply for Ontario Works?
18, or 16 if there are "special circumstances," At any age if you are a minor parent
Can young people without immigration status attend postsecondary?
Not legally, but several schools have started access programs for youth with precarious immigration status (York, TMU, Queen's).
What is "informal diversion"?
With EJM or EJS, the Crown or police use an official program that has been designed specifically as a formal diversion program.
With informal diversion, the Crown agrees to let a youth complete certain actions on their own to show that they are taking responsibility.
Where can you appeal an expulsion from school in Ontario?
The Child and Family Services Review Board
At what age is your consent required for you to be adopted?
7 (CYFSA)
If a young person is in Canada without immigration status, and they do not fear a return to their country of origin, what is a common pathway for them to use to regularize their immigration status?
Applying for Permanent Residence on Humanitarian and Compassionate grounds
When can a youth be given an adult sentence?
- they are 14 or older and are charged with murder, attempt murder, manslaughter and aggravated sexual assault. (Provinces can change this age to 15 or 16); 14 or older and are found guilty of committing a serious offence for the third time (provinces can change this to 15 or 16); or, 14 or older and are charged with an indictable offence, or a serious violent offence, and the prosecutor applies to the court for you to be given an adult sentence.
What is the maximum number of consecutive days you can be suspended from school for a single incident?
20 days
At what age can a young person legally consent to sexual activity?
16 - BUT there are "close in age exceptions"
When minors make refugee claims, they are required to have an adult who supports them through the process. What are these adults referred to in the process?
Designated Representatives
In 2024, JFCY acted as counsel in a case which affirmed that media outlets applying for access to youth records must meet the specific statutory criteria set out in the YCJA, which includes providing notice to affected youth, versus the reliance on the common law Dagenais-Mentauk test. What is the case?
R. v. Canadian Broadcasting Corporation, 2024 ONCA 765
In 2022, Dasha Kandaharian successfully challenged the policy of her Catholic school board which permitted only Catholic students to run for student trustee. The policy was found to have breached her s. 15 Charter rights, and was ultra vires the Education Act. Which school board was the Respondent in the case?
Kandaharian (Litigation Guardian of) v. York Catholic District School Board, 2022 ONSC 4969
What decision of the Ontario Court of Appeal upheld the rights of young people to unilaterally withdraw from parental control at the age of 16?
G. (R.) v. G. (K.), 2017 ONCA 108
IN THE MATTER OF O.G. (Applicant / Respondent in Appeal)
In 2018 JFCY intervened in a case where young man who came to Canada as a refugee at 6 years of age was being removed based on his criminal convictions as a young adult. He had been taken from his home and made a permanent ward of the Nova Scotia child protection agency. No application for his Canadian citizenship was ever made. What was the case?
Abdi v Minister of Public Safety and Emergency Preparedness Federal Court, Nova Scotia, 2018 FC 733