Young People and the Law: Difference between revisions
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{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= | {{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge | ||
|lessonname= Young People and the Law Lesson Module}} | |lessonname= Young People and the Law Lesson Module}} | ||
This section looks at young people and the law. | This section looks at young people and the law. | ||
==Legal rights and responsibilities of young people== | ==Legal rights and responsibilities of young people== | ||
This chart shows when young people gain legal rights and responsibilities in BC. | This chart shows when young people gain legal rights and responsibilities in BC. | ||
::{| width="45%" class="wikitable" | ::{| width="45%" class="wikitable" | ||
!style="width: 40%" align="center"|'''Right or responsibility''' | !style="width: 40%" align="center"|'''Right or responsibility''' | ||
| Line 37: | Line 37: | ||
==Going to school== | ==Going to school== | ||
[[File: | [[File:Learning about the Law - Young People and the Law.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]] | ||
All children between the ages of 5 and 16 years must go to public school. | All children between the ages of 5 and 16 years must go to public school. | ||
This is not the case if a child: | |||
This is not the case if a child: | |||
* goes to a private school, | * goes to a private school, | ||
* is being homeschooled by their parent, or | * is being homeschooled by their parent, or | ||
* goes to a school operated by a First Nation. | * goes to a school operated by a First Nation. | ||
==Working == | ==Working == | ||
| Line 49: | Line 48: | ||
Workers age 16 or older are entitled to the same job protections as adult workers. | Workers age 16 or older are entitled to the same job protections as adult workers. | ||
Children | Children age 14 and 15 can do “light work” jobs, with the written consent of a parent or '''guardian'''. Examples of light work are working as a cashier, dishwasher, or tutor. | ||
Children | Children age 12 and 13 need the written consent of a parent or guardian to work. They also need a permit from the Employment Standards Branch, except in certain circumstances, such as to work as a camp assistant or for a family business. | ||
There are [https://www.peopleslawschool.ca/how-old-you-have-be-work-bc/ | Children under age 16 can’t be required to work during school hours, and there are limits on the number of hours they can work. | ||
{{PLSTipsbox | |||
| text = There are special rules for kids working in the entertainment industry as actors, performers or extras. For more, visit [https://www.peopleslawschool.ca/how-old-you-have-be-work-bc/ peopleslawschool.ca/agetowork]. | |||
}} | |||
==Getting married== | ==Getting married== | ||
| Line 65: | Line 66: | ||
Sometimes children break the law. | Sometimes children break the law. | ||
The Canadian justice system recognizes that | The Canadian justice system recognizes that youth crime and adult crime need to be dealt with differently. Someone age 18 or older who commits a crime is dealt with under the ''Criminal Code''. For children from 12 to 17 years old, there is a special law called the [https://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/ ''Youth Criminal Justice Act'']. It says: | ||
* The public has the right to be protected from young people's crimes. | * The public has the right to be protected from young people's crimes. | ||
* Young people who break the law should be held responsible for their actions. They need to understand that what they did caused harm to the community. At the same time, they need help to learn how to stay out of trouble and to contribute to the community in a positive way. | * Young people who break the law should be held responsible for their actions. They need to understand that what they did caused harm to the community. At the same time, they need help to learn how to stay out of trouble and to contribute to the community in a positive way. | ||
* Young people have the same legal rights as adults. The police have to tell young people about their rights (including their right to a lawyer) and explain what is happening to them. | * Young people have the same legal rights as adults. The police have to tell young people about their rights (including their right to a lawyer) and explain what is happening to them. | ||
* Young people don't go to the same court as adults. There is a special | * Young people don't go to the same court as adults. There is a special youth court. The judge in youth court will make sure young people get a lawyer. | ||
* Steps taken against young people should be sensitive to cultural, ethnic, gender, and language differences between people. They should respond to the specific needs of Indigenous youth. | * Steps taken against young people should be sensitive to cultural, ethnic, gender, and language differences between people. They should respond to the specific needs of Indigenous youth. | ||
* People 18 years or older who break the law are adults and have to go to adult court. | * People 18 years or older who break the law are adults and have to go to adult court. | ||
Children under 12 can't be charged with a crime or taken to court. | Children under 12 can't be charged with a crime or taken to court. | ||
| Line 77: | Line 78: | ||
===What happens to <span class="noglossary">youth</span> who commit a crime === | ===What happens to <span class="noglossary">youth</span> who commit a crime === | ||
The first time a young person age 12 to 17 years does something wrong, they usually do not have to go to court. The young person may get help from a local community group. | The first time a young person age 12 to 17 years does something wrong, they usually do not have to go to court. The young person may get help from a local community group. | ||
But maybe it's not the first time the young person has been in trouble. Or maybe it is something more serious. Maybe the young person had a weapon such as a knife or gun. Then they will have to go to | But maybe it's not the first time the young person has been in trouble. Or maybe it is something more serious. Maybe the young person had a weapon such as a knife or gun. Then they will have to go to youth court. | ||
If the judge at the court decides the young person is '''guilty''', they will be '''sentenced'''. The young person will have a | If the judge at the court decides the young person is '''guilty''', they will be '''sentenced'''. The young person will have a youth record. | ||
When deciding on a sentence, the judge might have the young person: | When deciding on a sentence, the judge might have the young person: | ||
* pay a fine | * pay a fine | ||
* pay for loss or damage with money or with work | * pay for loss or damage with money or with work | ||
* do some volunteer work in the community | * do some volunteer work in the community | ||
* checked on by someone from the court, for up to two years | * checked on by someone from the court, for up to two years | ||
* go to jail if the crime is serious | * go to jail if the crime is serious | ||
If a young person over 14 years old is accused of doing something very serious, they may be sentenced as an adult and receive a tougher sentence than in | If a young person over 14 years old is accused of doing something very serious, they may be sentenced as an adult and receive a tougher sentence than in youth court. Examples of very serious offences include murder and repeat violent offences. | ||
In most cases, the name of the young person who broke the law is not made public. However, in some cases it may be made public, such as when they are given an adult sentence for a serious offence. | In most cases, the name of the young person who broke the law is not made public. However, in some cases it may be made public, such as when they are given an adult sentence for a serious offence. | ||
===Young people and gangs === | ===Young people and gangs === | ||
Some young people join gangs. A gang is a group of people who break the law. Gang members can be from any racial, cultural, or social economic group. But young people who are most likely to join a gang will have certain risk factors, including: | Some young people join gangs. A gang is a group of people who break the law. Gang members can be from any racial, cultural, or social economic group. But young people who are most likely to join a gang will have certain risk factors, including: | ||
* poor communication and conflict with family | * poor communication and conflict with family | ||
* lack of connection to cultural identity | * lack of connection to cultural identity | ||
* low school attendance and involvement | * low school attendance and involvement | ||
* history of family violence or crime | * history of family violence or crime | ||
At first, gangs treat their new young members well. They introduce them to new friends. Then they ask them to do something for the gang, such as stealing something. | At first, gangs treat their new young members well. They introduce them to new friends. Then they ask them to do something for the gang, such as stealing something. | ||
Often, young people are afraid to say no or to leave the gang. They are afraid the gang will hurt them or their family. | Often, young people are afraid to say no or to leave the gang. They are afraid the gang will hurt them or their family. | ||
There are supports for | There are supports for youth, as explained in the BC government’s booklet [https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/crime-prevention/community-crime-prevention/publications/crime-prev-series1-youth-gangs.pdf ''Preventing Youth Involvement in Gangs'']. | ||
== Rules about driving == | == Rules about driving == | ||
After turning age 16, young people can apply for a driver's licence in BC. But if they’re under 19, they need a parent or '''guardian''' to sign the application. | |||
Getting a driver’s licence involves several stages. These include having a learner’s (or L) licence for at least a year, and a novice (or N) licence for at least two years of safe driving. | |||
Getting a driver’s licence involves several stages. These include having a learner’s (or L) licence for at least a year, and a novice (or N) licence for at least two years of safe driving. | |||
If a young person under age 18 gets a car, they can't register it or get licence plates for it | If a young person under age 18 gets a car, they can't register it or get licence plates for it unless a parent or guardian also signs the papers, or the young person satisfies ICBC they are self-supporting or married. | ||
A young person driving a car has the same responsibilities as an adult. For | A young person driving a car has the same responsibilities as an adult. For more on getting a driver’s licence and driving in BC, see [https://www.peopleslawschool.ca/category/cars-getting-around/driving/ peopleslawschool.ca] or [https://www.icbc.com/ icbc.com]. | ||
===Breaking traffic rules=== | ===Breaking traffic rules=== | ||
{{PLSStorybox | |||
| image = [[File:Headshot_-_Learning_about_the_Law_-_Sadie_-_2023.png|link=]] | |||
| text = “I am 17 years old, and I got my N licence a few months ago. The other day, I didn’t stop at a stop sign. A police officer pulled me over and gave me a ticket. I have to pay a monetary fine.” <br>– Sadie, Kelowna, BC | |||
}} | |||
Sometimes young drivers break the traffic rules. What happens to the youth depends on how serious their actions are. | |||
If | If youth are caught driving dangerously, it is serious. They will be charged with a criminal offence and have to go to youth court. They will also lose their licence. | ||
===Street racing=== | ===Street racing=== | ||
Street racing is a very serious offence. People under age 18 will go to | Street racing is a very serious offence. People under age 18 will go to youth court. Drivers 18 and older go to adult court. Either way, if someone is found guilty of street racing, they will have their vehicle taken away, be fined a large amount, and lose their driver’s licence. | ||
==Help for young people== | ==Help for young people== | ||
Young people usually learn new '''customs''' faster than their parents. Children also have a lot of pressure from kids at school to be more “Canadian.” On the other hand, parents may feel that their children are behaving badly. They may worry that their children don't respect them anymore. | Young people usually learn new '''customs''' faster than their parents. Children also have a lot of pressure from kids at school to be more “Canadian.” On the other hand, parents may feel that their children are behaving badly. They may worry that their children don't respect them anymore. | ||
Many community groups have parenting classes. Some are offered in languages other than English. In these classes, parents learn about taking care of children. They also learn how to deal with problems that may come with raising children in a new country. Parents find out how to talk and listen to their children and help them with problems. They also learn about ways to correct and teach children without harming them. | Many community groups have parenting classes. Some are offered in languages other than English. In these classes, parents learn about taking care of children. They also learn how to deal with problems that may come with raising children in a new country. Parents find out how to talk and listen to their children and help them with problems. They also learn about ways to correct and teach children without harming them. | ||
Many community agencies also give information and advice. People can call these agencies when they have a problem and don't know where to go for help. Workers at the agencies can help them find the right place to go. | Many community agencies also give information and advice. People can call these agencies when they have a problem and don't know where to go for help. Workers at the agencies can help them find the right place to go. | ||
There are also parenting programs in English and other languages on TV and radio. | There are also parenting programs in English and other languages on TV and radio. | ||
For more information about parenting classes and programs, you can | For more information about parenting classes and programs, you can contact the Parent Support Services Society of BC at [https://www.parentsupportbc.ca/ parentsupportbc.ca], or your nearest community centre. | ||
===Helpline for Children=== | ===Helpline for Children=== | ||
The Helpline for Children is '''310-1234''', free from anywhere in BC. A child or | The Helpline for Children is '''310-1234''', free from anywhere in BC. A child or youth can call the Helpline for Children if they are being abused or mistreated at home, at school, in the playground, or anywhere else. | ||
If you know a family where a child or | If you know a family where a child or youth is being hurt, or if you are afraid you may hurt a child, call the Helpline. Your call is confidential. | ||
===<span class="noglossary">Youth</span> against Violence Line === | ===<span class="noglossary">Youth</span> against Violence Line === | ||
The Youth Against Violence Line is '''1-800-680-4264''', free from anywhere in BC. It is a province-wide service that provides 24/7 confidential help to young people who are affected by youth violence or crime. | |||
Youth who are worried about their safety, or who want to report a crime without giving their name, can call this line too. | |||
Parents and members of the community can also call this line for help and information. | Parents and members of the community can also call this line for help and information. | ||
===Help at school === | ===Help at school === | ||
Schools have a number of supports for children, in addition to their teachers. | |||
Some school districts have settlement support workers as well as multicultural workers. Both provide cross-cultural supports for immigrant and refugee students and their families. Most schools and districts also have sexual orientation and gender identity (SOGI) leads. Reach out to your school or district to access these supports. | |||
High schools also have counsellors. They help students with problems at school or at home. They also help students choose school subjects and give advice about what to do when they finish school. | |||
Many elementary schools and high schools also have home-school workers. Sometimes parents want to find out about their child's school or what their child does there. Parents can talk to a home-school worker. | |||
Each school district should also have policies that deal with bullying and '''discrimination'''. If your child experiences bullying, you can ask for copies of the policies. As well, your child can use the ERASE Bullying online tool at [https://erasereportit.gov.bc.ca/ erasereportit.gov.bc.ca] to send an anonymous report to their school or district. Someone will follow up on it right away. | |||
Each school district should also have policies that deal with bullying and '''discrimination'''. If your child experiences bullying, you can ask for copies of the policies. As well, your child can use the [https://erasereportit.gov.bc.ca/ | |||
===Helpful rules to teach children === | ===Helpful rules to teach children === | ||
Talk with your children about their safety. Teach your children to: | |||
Talk with your children about their safety. Teach your children to: | * know their full name, address, and phone number | ||
* know their full name, address, and phone number | * know the difference between a friend and a stranger | ||
* know the difference between a friend and a stranger | * always check with the family before going anywhere | ||
* always check with the family before going anywhere | * never answer the door if they are home alone | ||
* never | * never tell anyone over the phone that they are alone | ||
* never tell anyone over the phone that they are alone | * call the Helpline for Children at 310-1234 if they are afraid and feel unsafe | ||
* call the Helpline for Children at 310-1234 if they are afraid and feel unsafe | |||
{{Learning about the Law Wikibook Navbox}} | {{Learning about the Law Wikibook Navbox}} | ||
Latest revision as of 23:45, 13 March 2023
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023. |
 |
This page is used in the Young People and the Law Lesson Module, a law-related ESL lesson for newcomers to Canada. |
This section looks at young people and the law.
Legal rights and responsibilities of young people
This chart shows when young people gain legal rights and responsibilities in BC.
Right or responsibility Age Can be responsible for crimes 12 Can go to work with consent of parent or guardian 12 Can be sentenced for crimes under adult criminal law 14 Can go to work without needing consent of anyone 16 Can leave school 16 Can get a driver's licence with consent of parent or guardian 16 Can get married with consent of parents or guardian 16 Can vote in a provincial or federal election 18 Can get married 19 Can get a driver's licence 19 Can buy or drink alcohol 19 Can leave home 19 Can buy cigarettes 19
Going to school
All children between the ages of 5 and 16 years must go to public school. This is not the case if a child:
- goes to a private school,
- is being homeschooled by their parent, or
- goes to a school operated by a First Nation.
Working
A young person age 16 or older can work in BC without needing anyone’s permission. (There is an exception: you can’t do certain types of hazardous work until you’re 18. An example would be tree falling.)
Workers age 16 or older are entitled to the same job protections as adult workers.
Children age 14 and 15 can do “light work” jobs, with the written consent of a parent or guardian. Examples of light work are working as a cashier, dishwasher, or tutor.
Children age 12 and 13 need the written consent of a parent or guardian to work. They also need a permit from the Employment Standards Branch, except in certain circumstances, such as to work as a camp assistant or for a family business.
Children under age 16 can’t be required to work during school hours, and there are limits on the number of hours they can work.
 |
There are special rules for kids working in the entertainment industry as actors, performers or extras. For more, visit peopleslawschool.ca/agetowork. |
Getting married
People age 19 or older can marry. Young people between 16 and 19 can marry with the consent of their parents or guardians. Young people under 16 usually can't get married. They have to go to court first and ask a judge for permission to marry. The judge will only agree if they think to do so is in their best interests.
Young people and criminal law
Sometimes children break the law.
The Canadian justice system recognizes that youth crime and adult crime need to be dealt with differently. Someone age 18 or older who commits a crime is dealt with under the Criminal Code. For children from 12 to 17 years old, there is a special law called the Youth Criminal Justice Act. It says:
- The public has the right to be protected from young people's crimes.
- Young people who break the law should be held responsible for their actions. They need to understand that what they did caused harm to the community. At the same time, they need help to learn how to stay out of trouble and to contribute to the community in a positive way.
- Young people have the same legal rights as adults. The police have to tell young people about their rights (including their right to a lawyer) and explain what is happening to them.
- Young people don't go to the same court as adults. There is a special youth court. The judge in youth court will make sure young people get a lawyer.
- Steps taken against young people should be sensitive to cultural, ethnic, gender, and language differences between people. They should respond to the specific needs of Indigenous youth.
- People 18 years or older who break the law are adults and have to go to adult court.
Children under 12 can't be charged with a crime or taken to court.
What happens to youth who commit a crime
The first time a young person age 12 to 17 years does something wrong, they usually do not have to go to court. The young person may get help from a local community group.
But maybe it's not the first time the young person has been in trouble. Or maybe it is something more serious. Maybe the young person had a weapon such as a knife or gun. Then they will have to go to youth court.
If the judge at the court decides the young person is guilty, they will be sentenced. The young person will have a youth record.
When deciding on a sentence, the judge might have the young person:
- pay a fine
- pay for loss or damage with money or with work
- do some volunteer work in the community
- checked on by someone from the court, for up to two years
- go to jail if the crime is serious
If a young person over 14 years old is accused of doing something very serious, they may be sentenced as an adult and receive a tougher sentence than in youth court. Examples of very serious offences include murder and repeat violent offences.
In most cases, the name of the young person who broke the law is not made public. However, in some cases it may be made public, such as when they are given an adult sentence for a serious offence.
Young people and gangs
Some young people join gangs. A gang is a group of people who break the law. Gang members can be from any racial, cultural, or social economic group. But young people who are most likely to join a gang will have certain risk factors, including:
- poor communication and conflict with family
- lack of connection to cultural identity
- low school attendance and involvement
- history of family violence or crime
At first, gangs treat their new young members well. They introduce them to new friends. Then they ask them to do something for the gang, such as stealing something.
Often, young people are afraid to say no or to leave the gang. They are afraid the gang will hurt them or their family.
There are supports for youth, as explained in the BC government’s booklet Preventing Youth Involvement in Gangs.
Rules about driving
After turning age 16, young people can apply for a driver's licence in BC. But if they’re under 19, they need a parent or guardian to sign the application.
Getting a driver’s licence involves several stages. These include having a learner’s (or L) licence for at least a year, and a novice (or N) licence for at least two years of safe driving.
If a young person under age 18 gets a car, they can't register it or get licence plates for it unless a parent or guardian also signs the papers, or the young person satisfies ICBC they are self-supporting or married.
A young person driving a car has the same responsibilities as an adult. For more on getting a driver’s licence and driving in BC, see peopleslawschool.ca or icbc.com.
Breaking traffic rules
 |
“I am 17 years old, and I got my N licence a few months ago. The other day, I didn’t stop at a stop sign. A police officer pulled me over and gave me a ticket. I have to pay a monetary fine.” – Sadie, Kelowna, BC |
Sometimes young drivers break the traffic rules. What happens to the youth depends on how serious their actions are.
If youth are caught driving dangerously, it is serious. They will be charged with a criminal offence and have to go to youth court. They will also lose their licence.
Street racing
Street racing is a very serious offence. People under age 18 will go to youth court. Drivers 18 and older go to adult court. Either way, if someone is found guilty of street racing, they will have their vehicle taken away, be fined a large amount, and lose their driver’s licence.
Help for young people
Young people usually learn new customs faster than their parents. Children also have a lot of pressure from kids at school to be more “Canadian.” On the other hand, parents may feel that their children are behaving badly. They may worry that their children don't respect them anymore.
Many community groups have parenting classes. Some are offered in languages other than English. In these classes, parents learn about taking care of children. They also learn how to deal with problems that may come with raising children in a new country. Parents find out how to talk and listen to their children and help them with problems. They also learn about ways to correct and teach children without harming them.
Many community agencies also give information and advice. People can call these agencies when they have a problem and don't know where to go for help. Workers at the agencies can help them find the right place to go.
There are also parenting programs in English and other languages on TV and radio.
For more information about parenting classes and programs, you can contact the Parent Support Services Society of BC at parentsupportbc.ca, or your nearest community centre.
Helpline for Children
The Helpline for Children is 310-1234, free from anywhere in BC. A child or youth can call the Helpline for Children if they are being abused or mistreated at home, at school, in the playground, or anywhere else.
If you know a family where a child or youth is being hurt, or if you are afraid you may hurt a child, call the Helpline. Your call is confidential.
Youth against Violence Line
The Youth Against Violence Line is 1-800-680-4264, free from anywhere in BC. It is a province-wide service that provides 24/7 confidential help to young people who are affected by youth violence or crime.
Youth who are worried about their safety, or who want to report a crime without giving their name, can call this line too.
Parents and members of the community can also call this line for help and information.
Help at school
Schools have a number of supports for children, in addition to their teachers.
Some school districts have settlement support workers as well as multicultural workers. Both provide cross-cultural supports for immigrant and refugee students and their families. Most schools and districts also have sexual orientation and gender identity (SOGI) leads. Reach out to your school or district to access these supports.
High schools also have counsellors. They help students with problems at school or at home. They also help students choose school subjects and give advice about what to do when they finish school.
Many elementary schools and high schools also have home-school workers. Sometimes parents want to find out about their child's school or what their child does there. Parents can talk to a home-school worker.
Each school district should also have policies that deal with bullying and discrimination. If your child experiences bullying, you can ask for copies of the policies. As well, your child can use the ERASE Bullying online tool at erasereportit.gov.bc.ca to send an anonymous report to their school or district. Someone will follow up on it right away.
Helpful rules to teach children
Talk with your children about their safety. Teach your children to:
- know their full name, address, and phone number
- know the difference between a friend and a stranger
- always check with the family before going anywhere
- never answer the door if they are home alone
- never tell anyone over the phone that they are alone
- call the Helpline for Children at 310-1234 if they are afraid and feel unsafe
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 Learning about the Law © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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