Young People and the Law

From Clicklaw Wikibooks

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[edit]

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[edit]

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[edit]

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[edit]

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[edit]

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[edit]

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.