The Law is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens 2nd Ed.

NOTE: The first edition of The Law Is (Not) for Kids was reviewed in CM in 2019. That review provides a comprehensive description of the book’s contents.

The following review has been written without access to the first edition of the book and will focus primarily on changes and revisions to laws enacted after 2019.

Like the first edition of The Law Is (Not) for Kids, this updated edition is divided into nine chapters, beginning with a general introduction to Canadian law and children’s/adolescents’ rights. Seven subsequent chapters each have a specific focus: being a minor; being your parents’ child; going to school; going to work; love, sex, and marriage; child and family services; and being in conflict with the law. The final chapter focuses on “fighting for your rights”, the ways in which young people can advocate for greater rights. Five years have passed since the title’s original appearance, and this revised and updated edition is based on Canadian laws current as of June 1, 2023.

Before reaching the age of majority, the age at which a child is legally regarded as an adult, individuals experience restrictions on what they are allowed to do. “Being a Minor” discusses those restrictions, one being the age limit on the purchase and use of alcohol and tobacco products. The popularity of vaping (the use of e-cigarette products) has led to re-naming the Tobacco Act (1997) to the federal Tobacco and Vaping Products Act (2018). Provincial jurisdictions have responded with changes to the age at which a young person may purchase these products, “and in many provinces, you must be 19 in order to purchase or use vaping products.” (p. 39).

Almost everyone remembers someone who, in childhood, wished that he or she could change his or her first name (or second name, or both). Some adults have raised an eyebrow at the name that some parents have chosen for their kids. In fact, “there are few rules limiting [parental choice of name], and if parents want to give a child a name that is bizarre or somehow impractical, they can usually do so. However, it might rarely happen that the provincial registrar’s office challenges or even refuses to register a name it considers to be particularly inappropriate.” (p. 48) Recent (2021) legislation in Quebec can result in parents being requested to reconsider their choice of name, and, if they don’t, the matter can go to court.

The parent-child relationship can be a difficult one, especially during the teen years, and some parents warn their minor children that they will withdraw support, sometimes threatening (or making good on the threat) to kick them out of the house. The chapter on “Being Your Parents’ Child” provides very clear and concise information on the legal responsibilities for support which parents must fulfil, although, in some cases, a court order is necessary to enforce support. The authors strongly believe that “the law could do a better job of safeguarding . . . [the] right to safety and shelter: under no circumstances should a young person be forced out onto the street on short notice.” (p. 89) Street life is a dangerous existence, especially for the young and vulnerable. Since the first edition of the book, legislation has added “definitions” of how parental power is instituted. The Divorce Act was amended in 2019 so that the term “custody” has been replaced with “decision-making responsibility” (p. 100) for areas such as the child’s (a) health; (b) education; (c) culture, language, religion and spirituality; and (d) significant extra-curricular activities. For all intents and purposes, parents can enforce whatever rules they wish, provided their actions are neither, nor can be defined as, neglect or abuse.

Before children reach the age of majority, school attendance occupies the biggest part of their lives, and the chapter entitled “Going to School” explores the legal dimensions of life at school, exercising their right to an education. Yes, education is a right that governments are obligated to provide as stated by article 28 of the UN’s Convention on the Rights of the Child. Students who are LGBTQA face a variety of issues when attending school; privacy is one, and, in some provinces, parents must be informed if their son or daughter has joined a gay-straight alliance club. Just before the book’s 2023 printing, legislation in New Brunswick permitted transgender or non-binary students over the age of 16 to “determine their preferred first name and pronoun(s). The preferred first name and pronoun(s) will be used consistently in ways that the student has requested.” (p. 141) However, students under the age of 16 still require parental consent. The playground and the classroom have always been the site of behaviours which are now called bullying. Intimidation, physical violence, verbal abuse, and now, cyberbullying (i.e. online harassment) are all taken very seriously and can cross the line from cruelty into criminality. Parents and students now are aware that bullying – being “picked on” – is not just part of growing up, and current legislation defines bullying and the actions which schools must undertake to deal with the problem.

As children grow into adolescence, other interests and activities occupy them. “Going to Work”, getting that first job, is a major milestone. For some, the job provides funds for further education and work experience that will be listed on a future resumé while, for others, the money earned helps with family support. Whatever the case, this chapter of the book deals with the many facets of labour law, including minimum wage (with rates current as of publication date), work conditions, health and safety concerns, and the responsibility of employers to treat their young workers fairly and equitably.

Personal relationships also undergo major transitions during adolescence, and the chapter on “Love, Sex, and Marriage” begins with the statement that “except when a fairly serious problem arises, the law is generally reluctant to interfere in personal relationships. So you might think that it would steer clear of sex – which is, after all, the most intimate of personal relationships.” (p. 175) Not so, whether in Canada or just about anywhere else in the world. For the most part, Canada’s Criminal Code provides “rules” which aim to protect individuals against behaviours which are unwanted, potentially harmful, or exploitative. Issues of consent and the age at which an individual can consent are important, and young people need to be aware of the laws involving it. Society’s attitudes towards sexual behaviour and sexual identity have changed over time, and, in 2021, Bill C-4 amended the Criminal Code of Canada, defining and banning conversion therapy for LGBTQA individuals, whether for a child or an adult.

While the law does give considerable power to adults in charge of, or working with, young people, there are limits. “If government authorities find out that [a young person is not] being taken care of properly or are being treated very harshly or abuses in some way, they will step in and try to help.” (p. 199) Not every young person in need of this intervention is aware of the circumstances under which such assistance can be accessed. The chapter on “Child and Family Services” provides a helpful overview of the situations in which those agencies can assist. Appendix C, “Child Protection Services Agencies (Social Services), provides a contact list of websites for provincial, territorial, and Indigenous services, as well as a listing of Children’s Advocates and Ombudsmen.

The penultimate chapter, “Being in Conflict with the Law”, begins with the reminder that, with rights come responsibilities, and that the law “sets rules that aim to keep society safe and to ensure that everyone’s rights are respected. Breaking one of these rules can carry consequences, for young people as well as for adults, and these consequences can be serious.” (p. 215) However, if a young person does find him or herself in conflict with the law, this chapter provides clear information on the process of being arrested, the need to seek legal counsel (i.e., a lawyer), detention, going to court and giving evidence, sentencing, and the consequences of having a criminal record. Civil liability – compensating a victim for injury, loss, or similar damage – is also touched on briefly, explaining the degree to which young people can or cannot expect their parents to make reparation for their behaviour, such as vandalism of public or private property.

The final chapter, “Fighting for Your Rights” is all about advocacy and begins with the statement of the authors’ beliefs:

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. Rather, in making decisions, parents should put their child’s interests ahead of their own. . . . as far as possible, youth should be able to make their own decisions, depending on how mature they are. The law should not consider them incapable of making choices independently simply because they are under some magic age. (p. 258)

Those of us who have raised children or spent their professional lives working with children or adolescents have undoubtedly met young people who were wise and responsible and mature beyond their years. And then, there are the others.

Nevertheless, it is those wise, responsible and mature kids who can articulate their ideas logically and can advocate their position in an intelligent and respectful manner. For them, this final chapter provides examples of the ways in which they can advance a cause through letter-writing, website creation, meeting with lawmakers in their community, writing petitions, holding demonstrations, and keeping hope alive, even in the face of discouragement or outright opposition. It’s a tall order, but it’s clear that the authors have faith in youth.

I enjoyed my reading of this second edition of The Law Is (Not) for Kids and applaud Ned Lecic and Marvin Zuker for writing a thoroughly accessible and interesting reference work. Appendix A provides a “Glossary of Legal Terms” which are boldfaced throughout the text, defining legal terms in language that readers can easily understand. Appendix B describes “How a Bill becomes Law”, and, although the process is clearly explained, it’s not something that is of interest to all readers. Appendix C provides “Links to Useful Resources”. In addition to the listing of “Child Protection Agencies”, referenced earlier in this review, “Children’s Rights Websites”, “Legal Information” and “Help” websites are also provided. Appendix D, titled “Legislation, Conventions, Charters, and Court Cases” lists the websites in which readers can search the full text of International Conventions, Declarations and Legislation; National and Provincial Legislation; and Court Cases referenced throughout the text. I believe that an Index should have been provided. For example, if the reader wants to find information on laws relating to LGBTQA young people, the reader must search each chapter. Sub-headings within each chapter are very helpful, but a page index would be even more so.

If you didn’t purchase the previous edition of The Law Is (Not) for Kids, make a point of acquiring this one. If the first edition is already in your library’s collection, you’ll be able to tell this one apart from its predecessor: the sneakers on the front cover are a bright blue (instead of white), and the words “revised and updated edition” are printed in blue on the front cover. As I stated in my review of the first edition, the book deserves a place in any high school library’s circulating collection and on its reference shelves. Teachers of secondary and post-secondary Canadian Law will want their own copies, and guidance counsellors might find it a very useful reference as well. Parents, guardians, and anyone in a position of care for children might learn some surprising facts although some will disagree with the authors’ stance in favour of stronger rights for children and teens.