The Law is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens

Although children and teens often ask these questions, depending on whom they ask or the sources they consult, they may not receive accurate answers. The Law Is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens provides concise and clearly written information on Canada’s laws: the rights and responsibilities which children and teens are afforded under those laws, the ages at which laws apply, the resources available to maintain their rights under the law, and suggested actions to defend their rights. Ned Lecic and Marvin Zuker are forthright about their support for the legal rights of children and their belief that, in Canada, those rights are limited. “Not only does the law greatly limit even competent youth, but in our opinion it also doesn’t require adults to pay nearly enough attention to young people’s emotional needs” (“Preface”, P. xi).

The book begins with a clear and concise introduction to Canadian law at the federal, provincial/territorial, and municipal levels. Application of a law is dependent upon the jurisdiction in which that law has been made, and the degree to which laws apply and the ages at which they are enforceable can differ widely from one jurisdiction to the next. Also described in this section are the roles of the police, who enforce the law, and social workers, who can offer assistance to young people and families dealing with situations that are often the result of neglect, abuse, or violations of criminal or civil law. The role of the judicial system - the judges and courts - is “to resolve disputes . . . and to oblige people to abide by the law and respect the rights of others.” (p. 8) Several levels of courts exist in Canada, and their scope is delineated, as is the appeals process. The process of bringing a law into being is also laid out, as are the concepts of statute law (laws passed either by Parliament or a provincial/territorial legislature) and common law (also known as “case law”), which has evolved through the many written decisions made by judges in their rulings on court cases. Because laws are seen as means by which individual rights are protected, the final section of the book’s first chapter focuses on laws and rights, especially human and children’s rights.

Attaining the age of majority - the age at which one is seen as an adult - is a major milestone. The chapter entitled “Being a Minor” details the limitations of being underage and the privileges which come with legal recognition of adulthood. For years, age 21 was the milestone marker, but now, in six Canadian provinces, age18 is the age of majority, while in the remaining provinces and territories, the age is 19. Once the age of majority is attained, one may purchase alcohol, tobacco products, and e-cigarettes or vaping products. Banking activity, such as the opening of a bank account or use of a debit or credit card, is allowed without the consent of a parent/guardian. Obtaining one’s drivers’ license is another major marker of the transition to adulthood, and, while most jurisdictions allow 16-year-olds to obtain a learner’s permit to drive a passenger car, some provinces do allow 14 or 15-year-olds to apply for licences to drive other types of vehicles. Want a tattoo or body piercing? In most provinces, there’s no age limit, although whether or not a shop will perform the work without parental consent, is dependent on its policy.

Surprisingly, minors can enter into contracts for purchase or lease of goods or services without the permission of an adult. Lecic and Zuker comment that “the fact that the law considers minors as too young to necessarily know what they are doing when they sign a contract is something of a mixed blessing. Yes, under common law, you can refuse to honour a contract - you can back out of a deal - and, in most cases, you will not be held liable, which means that you cannot be forced to make good on your promise.” (p. 85) However, for this reason, minors may have a hard time finding someone willing to do business with them. Rights of ownership and management of high value property, such as real estate, are quite restricted for minors, and, even if they inherit property, an adult will manage that property until majority is reached. Nor can a minor make a will until he or she has reached the age of majority, except in some very specific cases. And, for the most part, should a minor wish to sue or bring legal action, he or she must find a “litigation guardian”, an adult who will act in his or her place.

Medical decision-making is one area in which minors can exercise significant independence. I was surprised to learn that “rather than setting a minimum age of consent, some provinces instead use the rule that whether or not a young person can consent to his or her own medical care depends on his or her degree of maturity.” (p. 62). A similar right of refusal also exists. Of course, religious convictions and personal beliefs can influence treatment decisions. Jehovah’s Witnesses prohibit blood transfusions, but a well-known Supreme Court case decided that, in a life or death situation, the minor patient’s refusal of transfusion was not in her best interest, and the court authorized transfusions for the 14-year-old. However, special rules apply to minors involved in certain medical situations, notably doctor-patient confidentiality, placement in a mental health facility, and donation of blood, organs and tissue. And in Quebec, a minor needs the permission of his or her parents in order to make decisions about preferences either for burial or cremation and to make funeral arrangements.

As a high school teacher, I heard many a teen state that they could hardly wait to turn 18 (age of majority in Manitoba) and escape the bonds of parental authority. But, there are some benefits to parental authority, and the chapter “Being Your Parents’ Child” delineates many of them, notably duties of support. Some parents threaten to kick their kids out of the house, but, in fact, they have a legal duty to provide the necessities of life up to the age of 16 and can be charged under the Criminal Code for failing to do so. These duties to support a child can extend well beyond the age of majority, particularly in situations of continuing education, illness or disability. As for parental authority, attitudes have evolved since the time when children (like women) were seen as possessions. Leaving home is one way to escape the parental yoke, but, if a minor leaves home before the age at which the province/territory deems it legal to do so, that minor is a “runaway” and can be apprehended. However, the authors realize that there are very difficult experiences of the parent-child relationship, and they describe situations in which parental discipline can legally be enforced, as well as children’s rights and parental responsibilities in the case of family break-up through divorce.

Minors spend a significant amount of time in school, and public education in Canada is both a right and a duty. The “right to free public school lasts until you finish high school; it doesn’t necessarily end when you reach a certain age.” (p. 121) The issues of who has the right to view school records, dress codes, searching of lockers, LGBTQA rights, bullying, and religious practice or instruction are all examined, along with a discussion of the consequences faced for breaking school rules (i.e. being suspended or expelled from school.) In the final pages of the chapter, “Going to School”, the authors question the degree to which schools actually allow students to make independent choices, and they question why religious schools, “but only Christian ones” (p. 145), are supported by public tax dollars, even though Canada is a multicultural country.

A first job is another life milestone, and the chapter entitled “Going to Work” examines the many details of labour law: the minimum wage, workplace safety and health, discrimination on the job, and the role of trade unions. Labour law differs from province to province, and the authors urge the book’s young readers to familiarize themselves with their province or territory’s rights and responsibilities of employees. A comprehensive table provides a listing of the minimum age for employment in each province and territory, as well as describing some of the conditions in which further restrictions may apply. Working in the family business, babysitting or similar self-employment, and the rights to one’s wages are areas of labour law that minors may not even consider, and this chapter offers helpful direction in those areas.

In “Love, Sex, and Marriage”, the authors acknowledge the highly personal nature of private morality, focusing on those areas of behaviour which “the law regards as unacceptable.” (p. 166) The concept of consent – that “no means no” – is spelled out clearly, along with the penalty for violating consent: a prison term of up to ten years, up to fourteen years, if the victim is under 16. In Canada, the age of consent for sexual activity is 16, but it rises to the age of 18 if a minor engages in sexual activity with someone who is in a position of trust, authority or on whom they are dependent. Smartphones and computer webcams have made “sexting” possible, and with sexting comes the possibility that something once private becomes very public, leading to online harassment. As with consent, the minimum age for marriage is also 16, but, in practical terms, obtaining a marriage licence prior to the age of 18 requires permission from parents/guardians. Although many Canadians believe that choosing one’s partner in life is an individual choice, in some cultural groups, marriages are often arranged. While arranged marriage isn’t illegal, forced marriage – “in which one or both young persons are pressured into marrying or even compelled by threats” (p. 175) is a criminal offence. This chapter also examines access to birth control, the highly controversial issue of abortion, and the legal responsibilities that come with being a minor parent.

Many adults, in their roles as parent or teacher, can exercise considerable power over minors. The child welfare or child protection system provides protection in the case of neglect, abuse, or harsh treatment. The chapter on “Child and Family Services” gives an overview of the circumstances in which social services will intervene (physical, emotional, or sexual abuse, as well as neglect) and offers an outline of the processes which are undertaken both to investigate and to intervene. This chapter is particularly helpful in providing a description of available supports, and through a Q and A format covers the major questions that would be asked by a young person in crisis. Although it is clear that the authors’ sympathies lie with young people, they admit that child welfare systems are “far from perfect” (p. 200); chronically underfunded by governments, the systems are often staffed with social workers overloaded by too many cases, and by foster parents and group homes which perform a less than adequate job.

Anyone who has worked with young people knows of children and young adults who have broken the law and must deal with the consequences. “Being in Conflict with the Law” begins with a general discussion of criminal law in Canada, with most offences being defined by the Criminal Code of Canada. Not all offences are criminal, but violations of less serious offences, such as traffic laws, are punishable nonetheless. Three broad groups of crime are contained within the Canadian Criminal Code – indictable offences, summary offences, and hybrid offences – each with different levels of punishment. Young offenders typically receive milder sentences than adults, and the Youth Criminal Justice Act of 2003 tries to strike a balance between giving young offenders less harsh punishment than adult counterparts and making young offenders take responsibility for their behaviour. In Canada, criminal responsibility as a young offender begins at age 12 and ends at the age of 18. The remainder of the chapter covers the entire range of the criminal process for a young offender: getting arrested, police investigation and interrogation, the need for a lawyer, being detained or released on bail, one’s rights while in custody, alternatives to trial, going to court and giving evidence, and finally, sentencing and its consequences. A criminal record is one of the most enduring consequences of conviction, and it can hinder employment and travel to the United States. Lesser crimes, such as vandalism, are not criminal offences, but young people who commit injury or damage to property can be taken to court and sued for damages. While young people typically don’t have the money to pay compensation, in some provinces, their parents can be made to do so.

The focus of the final chapter, “Fighting for Your Rights”, is about advocacy for the authors’ position on young people’s rights. “We wrote this book because we believe that children and teenagers are people like everyone else and that adults should not be able to make decisions for them based only on what adults want or simply as a way of asserting their power.” (p. 243) I think that many adult readers would have difficulty with this position, and the authors recognize that theirs is not a widespread view. To support their point, they offer examples of legislation from other countries which is more supportive of children’s rights. The reminder of the chapter offers advice to young people on how to make change happen: how to organize the support of other young people, how to state one’s ideas so that they will be taken seriously, how to write an effective advocacy letter, how to hold an effective demonstration, and how to keep up the fight, in the face of discouragement.

The Law is (Not) for Kids is a fairly short book, but it fulfills the authors’ goal of providing “a trustworthy source of information” so that young people can “get to know [their] legal rights and responsibilities” (p. ix). The authors’ presentation of complex concepts is accessible reading, and, in their citation of legal cases, their explanations are thoroughly understandable. Throughout the book, specific legal terms are boldfaced, and they are explained in Appendix A, “A Glossary of Legal Terms”. Appendix B describes “How a Bill Becomes Law in Canada”, and Appendix C offers a list of “Useful Resources”, including children’s rights websites, sources of legal information and help, child protection agencies and the offices of children’s advocates and ombudsmen for each province and territory. The final appendix provides a list of “Legislation, Conventions, Charters, and Court Cases” referenced in the book.

With information on Canadian laws, current as of February 1, 2019, The Law Is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens deserves a place in any high school library’s circulating collection and its reference shelves, particularly in those schools which offer courses in Canadian Law. As a general reference to youth and the law, it’s excellent. It is also worthwhile reading for adults, although I am guessing that many will disagree with the authors’ stance on children’s rights.