Young People and the Law

This section looks at young people and the law. You will learn about:

• Legal rights and responsibilities of young peple
• Going to school
• Working
• Getting married
• Young people and criminal law
• What happens to youth who commit a crime
• Young people and gangs
• Rules about driving

Help for children

Legal rights and responsibilities of young people

This chart shows when young people gain legal rights in BC.

Right/Responsibility	Age
Be responsible for crimes	12
Be sentenced for crimes under adult law	14
Go to work	15
Leave school	16
Get married with permission of parent(s)	16
Get married	19
Get a driver’s licence with permission of parent(s)	16
Get a driver’s licence	19
Vote in a federal election	18
Vote in a provincial election	18
Drink alcohol	19
Leave home without permission of parent(s)	19
Buy cigarettes	19

Going to school

All children between the ages of 5 and 16 years must go to public school every day.

This is not true if:

• the child goes to a private school,
• the child is at home studying lessons approved by the government, or
• the child is sick and can’t go to school or there is some other good reason.

Working

Children under 15 years of age may not work during school hours. They are not usually allowed to work at other times. A child under 15 can’t work without special permission from the government. But children are allowed to do jobs such as babysitting to earn pocket money or to help their families. Children 15 and over can work. They have the same laws to protect them as adult workers.

Getting married

People 19 years old or older can marry. Young people between 16 and 19 can marry if their parents agree. Young people under 16 usually can’t get married. They have to go to court and ask the judge for permission to marry. The judge will only agree if he or she thinks this is good for them.

Young people and criminal law

Sometimes children break the law. A child steals something, or damages someone else’s property. What will happen?

The law says children under 12 years old can’t be arrested or taken to court. If the police catch children younger than 12 doing something wrong, they take them home and tell their parents. The parents may get help at school or in the community. The Canadian justice system recognizes that youth crime and adult crime need to be dealt with differently. There is a special law for children from 12 to 17 years old. It is called the Youth Criminal Justice Act. This law says:

• People have the right to be protected from young people’s crimes.
• Young people who break the law need to understand that what they did caused harm to the community. 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 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.
• People 18 years old or older who break the law are adults and have to go to adult court.

What happens to youth who commit a crime

The first time a young person aged 12 to 17 years does something wrong, he or she will not usually have to go to court. The young person may get help from a local community group.

Maybe it’s not the first time a 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 he or she will have to go to youth court.

If the judge at the court decides the young person is guilty, the youth is called a young offender. The youth will have a youth record.

The judge might:

• make the young person pay a fine,
• make the young person pay for damage with money or with work,
• have the young person do some volunteer work in the community,
• let the young person go home, but someone from the court will check on the young person for up to two years, or
• have the young person 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 things such as murder and repeat violent offences.

In most cases the name of the youth who broke the law is not made public. However, in some cases it may be made public, such as when the youth is 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. Some gangs look for young immigrants who don’t speak English. They look for someone who has few friends and not much money.

At first, the gang members are good to the young people. 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.

Engaging Parents for Safer Youth is a project aimed at providing information to parents about youth and gangs. To download the Steering Kids Away From Gangs booklet, visit www.vsb.bc.ca/steering-kids-away-gangs.

Rules about driving

Young people over 16 years old can get a driver’s licence if they pass the tests. Parents have to apply for the licence for someone under 19. If young people under 18 years old get a car, they can’t register or get licence plates for it unless their parents sign the papers.

A young person driving a car has the same responsibilities as an adult. For more information about driving in BC see the Driving in BC or visit ICBC at www.icbc.com.

In law, in British Columbia a person under the age of 19.

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

In law, the making of a choice between two or more options.

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

Something which can be owned. See "chattels" and "real property."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."