Legal Age In Canada

  

The former legal drinking age in the country was 19, but over time this age has been reduced to 18 in the different provinces mentioned above. Canada does not promote alcohol consumption in any manner. In fact, the advertising of alcoholic beverages and their prices is banned, even near establishments that legally sell alcohol. Mandatory Retirement Age is the age at which employees must retire from employment with a company. Until December 31, 2009, the mandatory retirement age in Canada was 65. At age 65, an employer could terminate your employment for the simple reason of being 65.

The family law lawyers at Crossroads Law are often asked how old a child should be before he or she can be left at home alone.

In Canada, only three provinces establish a minimum age at which children can be left home alone.

The Child and Family Services Act, C.C.S.M. c. C80 in Manitoba outlines that a child is in need of protection where the child being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child.

In New Brunswick, children under the age of 12 cannot be left unsupervised. The Family Services Act, 1983, c.16, s.1., states that the Minister will place a child under protective care if the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made.

The Child and Family Services Act, R.S.O. 1990, Chapter C.11 in Ontario states, “no person having charge of a child less than sixteen years of age shall leave the child without making provision for his or her supervision and care that is reasonable in the circumstances.”

In British Columbia, there is no legislated minimum age for leaving a child alone for a short period. However, according to a B.C. Supreme Court decision, children under the age of 10 should not be left unsupervised at home.

In B.R. v. K.K., 2015 BCSC 1658, the Appellant mother, B.R. has two children, A.K., an eight year old and Q.K., a four year old. B.R. is separated from the children’s father. B.R. left her four year old with a caregiver but she left her eight year old son home alone every weekday after school from 3:00 p.m. to 5:00 p.m. until she came home from work. When a social worker became aware of A.K.’s after-school situation, she visited the home while B.R. was present. She informed B.R. that a child under the age of ten could not be left unsupervised and requested that B.R. agree to a “safety plan”. B.R. declined. The Director under the Child, Family, and Community Service Act, R.S.B.C. 1996, c.46 then brought an application with respect to B.R.’s care of the Children and sought the following supervision order:

  1. B.R. will ensure that A.K. and Q.K. will be under the care and supervision of a responsible adult at all times and not be left alone to care for themselves.
  2. B.R. will allow the Director direct and private access to A.K. and Q.K., whether scheduled in advance or not, and at any time the Director deems necessary to ensure the safety and well-being of the children.
  3. Failure to comply with the aforementioned terms of the Supervision Order must result in the removal of the children

The social worker gave evidence at the presentation hearing and testified that, in her opinion, “children who are eight years of age do not have the cognitive ability to be left unsupervised.” She also cited various risks, including accidental poisoning or fires which could arise “regardless of A.K.’s level of maturity.” She did not agree that some children eight or nine years’ of age would be capable of staying alone.

B.C. Provincial Court Judge Wright accepted that children under the age of 10 could not be safely left alone and concluded that there were reasonable grounds to believe that A.K. required protection. The Director was granted an interim supervision order for A.K. pending a protection hearing.

B.R. appealed the decision of the Provincial Court. She argued that the social worker should have completed an individual investigation and assessment of A.K. and his circumstances. Legislators made a deliberate decision not to set a minimum age at which children may be left alone. They wanted to leave it up to the discretion of the social workers who will “inquire into the level of maturity of the particular child...and...into provisions for remote monitoring and supervision of the child” for each individual case. The social worker frustrated the legislative intent by applying an arbitrary rule and concluding that A.K. was in need of protection solely based on his age and lack of after-school supervision.

Mr. Justice Punnett did not agree with B.R. and noted that B.R. refused to permit the social worker to speak with A.K. and kept her from undertaking the individual inquiry that B.R. now says should have been done.

The B.C Supreme Court dismissed the appeal and upheld the decision of the Provincial Court.

So, when can you leave your child at home alone? Unfortunately, there is no definitive answer as there is no legislated minimum age at which a child can be left alone in British Columbia. However, as a result of this case, parents who have children under the age of 10 should reconsider leaving them unsupervised at home regardless of their level of maturity.

Contact Crossroads Law to learn more about this issue or to book a consultation.

Related Blogs

Varying Child Support Orders

Varying a child support order is a common application after separation and divorce which is often made to reduce the amount of child support being paid.

Hearing the Views of a Child in Family Law

Age

While it is generally best to prevent children from having to give evidence in court after separation and divorce, there must be a way to properly hear the voice of a child.Here are 8 ways to enter the evidence of a child in family court.

Get Out of Town! Moving With Your Child in BC

After a separation, many people wish to restart their lives in a new city, and more often than not, a place where there is new opportunity. Our clients often say to us, “I want to move with my child (or children), how do I do that?” Moving with your child or children in British Columbia requires several steps before you can relocate.

Age of consent law in Canada refers to cultural and legal discussions in Canada regarding the age of consent, which was raised in May 2008 as part of the Tackling Violent Crime Act.[1] This applies to all forms of sexual activity.[2]

In May 2008, the Canadian government passed a bill to raise the age of consent from 14 to 16, while creating a close-in-age exemption for sex between 14–15 year olds and partners less than 5 years older, and keeping an existing close-in-age clause for sex between 12–13 year olds and partners less than 2 years older.[3] The initiative also maintains a temporary exception for already existing marriages of 14 and 15 year olds, but forbids new marriages like these in the future.[4] In June 2019, C-75 passed both houses of the Parliament of Canada and received royal assent; it repealed Section 159 effective immediately and made the age of consent equal at 16 for all individuals.[5]

Previous 1890 law[edit]

In 1890, the age of consent was raised from 12 to 14.[6]

Battle against Internet predators[edit]

Former Toronto police officer Paul Gillespie said the bill would give police 'more tools' in the battle against Internet predators.[4] The intention of the bill is to target 'sexual predators' and pimps. Other groups that supported the increase in the age of consent were the National Council of Women of Canada (NCWC), the Canada Family Action Coalition (CFAC), Canadian Crime Victim Foundation (CCVF), Beyond Borders Inc. and Canadians Addressing Sexual Exploitation (CASE).

Case of Dale Eric Beckham[edit]

One of the motivators for the reform of these laws in Canada was the case of Dale Eric Beckham. In March 2005, Beckham, then 31 years old, travelled from his home in Woodlands, Texas to Ottawa, Ontario to meet with a 14-year-old boy he had met over the internet. The boy's parents, after observing him sneaking away in the middle of the night into a taxi, alerted the police who tracked the cab to a downtown hotel. Police found Beckham and the boy unclothed in a hotel room, where they were engaged in sexual activity; it was later determined that the two had also engaged in sexual intercourse the previous night. Police also discovered hundreds of pornographic images of children on a laptop computer that Beckham had brought with him from Texas. Beckham was arrested and held without bail. In Beckham's home state of Texas, the age of consent is 17 and violators can face prison terms of up to 10–20 years. In Canada, sexual activity with children as young as 16 is legal (was 14 until and prior to May 2008) as long as it was consensual and the adult is not in a position of authority or dependency. The boy, who reportedly suffered from social anxiety disorder and had shown signs of being suicidal, insisted during interviews with the police that the sex with Beckham was consensual. Consequently, the only crime Beckham could be prosecuted for in Canada was a relatively minor offense of possession of child pornography. In November 2005, Beckham pleaded guilty and was sentenced to the time already served. He was then ordered deported back to the United States.[7][8][9][10][11][12]

After being notified of his arrest in Canada, Immigration and Customs Enforcement (ICE) agents searched Beckham's home in Woodlands, Texas where they discovered a massive quantity of child pornography on his computer, with some depicting children less than 12 years old engaged in sexual acts with adults. After returning to the United States, Beckham was immediately arrested and held without bond. In July 2007, Beckham pleaded guilty to a federal charge of transporting child pornography to Canada,[13][14] although his lawyer argued (unsuccessfully) that Beckham's behaviour was the result of diminished capacity. In November 2007, Beckham was sentenced to 17 years in prison, to be followed by lifetime supervision.[8][9][15]

This case raised concerns that child molesters, not just in Canada but also from abroad, were taking advantage of Canada's low age of consent to sexually exploit vulnerable children while escaping criminal prosecution.[10]

Criticisms[edit]

LGBT rights activists[edit]

LGBT rights activists also criticized the bill, because it did not address the issue of equality and maintained the then-current Canadian age of consent for anal sex outside of marriage at 18. Hillary Cook, a spokeswoman for gay rights group Egale Canada, stated the bill was 'an attempt to score partisan points'.[16] In June 2019, C-75 passed both houses of the Parliament of Canada and received royal assent, which repealed section 159 effective immediately and made the age of consent equal at 16 for all individuals.[17]

Attorney General suit[edit]

Legal Age In Canada

In March 2009, a lawsuit was brought against the Attorney General of Canada alleging the Age of Sexual Consent increase was a direct violation of the Canadian Charter of Rights and Freedoms within the Constitution of Canada.[18]

Organizations[edit]

Canadian AIDS Society[edit]

The Canadian AIDS Society stated that 'increasing the age of consent could result in young people being more secretive about their sexual practices and not seeking out the information they need. This will place youth at an increased risk of contracting HIV and other sexually transmitted infections.'[19]

Canadian Children's Rights Council[edit]

The Canadian Children's Rights Council referenced an article in The Globe and Mail, which highlighted the opinions of Martha Mackinnon (executive director of Justice for Children and Youth) who had expressed concern this would decrease the pursuit of condoms.[20]

Canadian Federation for Sexual Health[edit]

The proposal received criticism from different organizations and individuals. Andrea Cohen of the pro-choiceCanadian Federation for Sexual Health (formerly International Planned Parenthood Federation) said the organization believed the legislation did nothing to keep youth from harm. She talked on CTV News Channel's 'Mike Duffy Live' where she stated: 'What it will do is infringe upon the rights of youth in terms of their ability to make decisions on their own sexuality'.[16] Later (in 2007), her organization issued an official position statement.[21]

Child Welfare League of Canada[edit]

Peter Dudding, executive director of the Child Welfare League of Canada, criticized the bill's effect of removing judicial discretion in cases involving 14- and 15-year-olds: 'When we deal with arbitrary cut-offs, we lose the flexibility to apply the law in a much more specific and individualized kind of way.'[22]

References[edit]

  1. ^'Canada's age of consent raised by 2 years'. CBC News. May 1, 2008.
  2. ^'Age of Consent to Sexual Activity'. Department of Justice. May 10, 2013.
  3. ^http://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html
  4. ^ abCTV.ca News Staff. 'Age of Consent FAQ'. CTV.ca. Archived from the original on 2006-07-01.
  5. ^'Bill C-75'. billof21 June 2019. Parliament of Canada.
  6. ^'Parliamentary Information and Research Service'. Archived from the original on 2011-05-05. Retrieved 2011-03-26.
  7. ^Woodlands man admits he seduced teen onlineArchived February 2, 2009, at the Wayback Machine, KHOU.com, July 10, 2006
  8. ^ abThe Woodlands Man Sentenced to Prison for Child PornographyArchived February 2, 2009, at the Wayback Machine, United States Attorney's Office (USAO) – Southern District of Texas, November 7, 2007.
  9. ^ abMan gets 17 years in child porn case by Jamie Nash, Houston Community Newspapers, November 14, 2007.
  10. ^ abWeb luring case raises age-of-consent issue, Canadian Broadcasting Corporation (CBC), March 11, 2005
  11. ^Woodlands man accused of luring boy online By Renee C. Lee, Houston Chronicle, March 9, 2005.
  12. ^Woodlands man sent to prison in child sex case by Cindy George, Houston Chronicle, November 7, 2007.
  13. ^United States Code: Title 18, Part 1, Chapter 110, § 2252A(a)(1), available online at Cornell University Law School.
  14. ^Under the plea agreement, the prosecution agreed to dismiss a second charge of possession of child pornography involving the sexual exploitation of minors. The prosecution also agreed not to prosecute Beckham for charges relating to the online enticement of a minor and travel in interstate and foreign commerce for illicit sex. (see: United States of America v. Dale Eric Beckham, Page 5.)
  15. ^United States of America v. Dale Eric Beckham, Criminal Action No. H-05-484 / Civil Action No. H-08-3426. Signed by Frances H. Stacy, United States Magistrate Judge, (Houston, Texas), August 24, 2009.
  16. ^ ab'Mixed reviews to Tories' sexual consent bill'. CTV News Channel (Canada). 2006-06-22. Archived from the original on 2008-05-11.
  17. ^[1]
  18. ^Altair, Octaevius (2011). 'The Violators: No Human Rights for You (Canada)'. Standing on behalf of public interest was denied and the matter remains unresolved through the Canadian Courts.
  19. ^'Age of Consent (July 2006)'. Archived from the original on 2013-10-17. Retrieved 2013-10-23.
  20. ^Tralee Pearce (2 May 2008). 'New sexual consent law may confuse teens'.
  21. ^'Age of Consent Position Statement'. Canadian Federation for Sexual Health. 2010-11-02. Archived from the original on 14 July 2011. Retrieved 2014-01-28.
  22. ^Izenberg, Dafna (4 July 2006). 'Sixteen and ready for sex?'. Macleans.ca. Archived from the original on 20 March 2012. Raising the age of consent tries to make young teens off-limits
Age

See also[edit]

Retrieved from 'https://en.wikipedia.org/w/index.php?title=Age_of_consent_reform_in_Canada&oldid=999598507'