Canadian Centre on Substance Abuse, “Legal Drinking Age for Alcohol in Canada,” ccsa.ca (accessed July 15, 2015) A Country a Month, “Local Food You Should Try in Kosovo and No-Miss Drinks in Kosovo,” acountryamonth.com (accessed July 15, 2015). Canada Legal Airsoft Guns The laws surrounding airsoft guns are different in the United States and Canada, and it is important to know the local laws where you live before making a purchase. The airsoft guns in this section meet the legal requirements for crossing the border into Canada. At this time in Canada, electronic cigarettes (a.k.a. E-cigarettes, e-cigs, vapes, vaporizers) are 100% legal for individual use. PEI has set in place a legislation to raise the legal age of vaping from 19 to 21. It is set to restrict the sales of vaping products to ‘tobaccoinist shop’. In June 2019, C-75 passed both houses of the Parliament of Canada and received royal assent; it repealed Section 159 effective immediately and made the age of consent equal at 16 for all individuals. Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random. from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Off the Shelf 2.
Legal Age In Canada For Consent
Marriage and divorce
It’s against the law to be married to more than 1 person at a time. You can’t come to Canada with more than 1 spouse, even if you were married to more than 1 person in the past.
It’s also against the law to marry someone in Canada if 1 of you is already married (it doesn’t matter where or when that marriage took place). You can only remarry if you’re legally divorced or your spouse has died.
It’s a crime in Canada to
- celebrate, aid or take part in the marriage of a child under 16 years old, even if the child agrees to be married
- force anyone into marriage against their will
- take part in or preside over a marriage ceremony knowing that one of the parties doesn’t consent to marry
- take a person under 18, who normally lives in Canada, to another country to force them to marry
If you’re pressured into marriage, you should contact the police. They will protect you.
In Canada, only a court can give you a civil divorce. Either spouse may apply for a divorce, but you must prove to the court that your marriage has broken down and that you’ve arranged for the support of any children.
It is a crime to marry a Canadian citizen or permanent resident only to gain entry into Canada. Find out more information about marriage fraud.
Learn more in various languages, including Arabic, Chinese (traditional), Inuktitut, Korean, Persian, Punjabi, Russian, Somali, Spanish, Tagalog, Tamil and Urdu:
Family violence
Family violence includes many different kinds of abuse that adults or children may have in their families or homes. All kinds of physical and sexual abuse (including unwanted sexual activity with your husband, wife, partner, boyfriend, girlfriend or children) are illegal under the Criminal Code of Canada. It is a crime to
- hit, punch, beat or kick a member of your family
- threaten to hurt or kill someone
- have any sexual contact with a child
- neglect a family member
- abuse a family member in a financial or psychological way
Canada also does not tolerate female genital mutilation or honour‑based crimes.
If you are found guilty of a violent crime against a family member, you could be put in jail.
If you are the victim of family violence, call the police or 911. There are also special support organizations that can help you, and their contact information is listed in the front pages of the telephone book. Canada takes family violence seriously. You do not have to stay in an abusive relationship to keep your status in Canada. If someone tries to frighten you by saying that you will be deported or lose your children for reporting family violence, contact the police or a support organization right away for help.
Child abuse and neglect
Parents can be charged with a crime if they do not provide for their children under the age of 16. This includes
- feeding
- clothing
- housing
In Canada, it is illegal to abuse your children. Abuse can be
- hitting your child with an object
- emotionally harming your child, such as through constant criticism, humiliation or threats
- touching your child sexually
- forcing your child into marriage
- neglecting your child
- any violence that your child sees or hears in their family
You can be arrested for child abuse. Child protection laws let child welfare officials go into a home and even remove children if parents cannot or do not provide a minimum standard of care. Doctors, teachers, social workers and police will take action if they think children are being harmed. All adults in Canada must report situations where they suspect child abuse to the appropriate provincial or territorial child welfare authority.
The age of majority and the age of consent
The age of majority is the age when a person is legally considered an adult. In Canada, the age of majority is 18 or 19 years old, depending on the province or territory in which you live.
The general age of consent to sexual activity is 16 years. The age of consent is 18 years if the sexual activity happens within a relationship of authority, trust or dependency (for example, with a teacher, coach or babysitter), or if there is other exploitation. Pornography or prostitution involving people under 18 years of age is a criminal offence in Canada. Remember that all sexual activity without consent is a crime, regardless of age.
Elder abuse
It is illegal to hurt or take advantage of elders. Elder abuse includes any action that someone in a relationship of trust takes that results in harm or distress to an older person. This abuse can
- be physical
- be financial
- be psychological
- be sexual
- include neglect
Find out how to protect yourself and get help.
Human trafficking
Human trafficking is a crime that usually affects vulnerable women and children who have come to Canada as visitors or immigrants. It involves
- recruiting
- transporting
- forcing someone against their will to work or give sexual services
Help is available to victims of human trafficking. To report human trafficking, contact your local police at 911 or the Crime Stoppers Tip phone line.
Immigration, Refugees and Citizenship Canada also offers protection and assistance to victims of human trafficking through a special temporary resident permit.
Animal protection
We have laws that prohibit cruelty toward animals. These laws apply to pets and farm animals. You may be fined or jailed if you neglect or hurt an animal.
Legal Age In Canada For Drinking
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:
- 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.
- 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.
- 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
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.