Plastic Cards
 
Justice for Children and Youth distribute these wallet-sized plastic cards which contain legal information for youth on one side of the card and artwork created by Jabari Elliot on the other side.  The artwork for the Youth Records cards was created by Michael Pierro. If you would like us to send you any of these cards please contact us.  A charge may be applied to multiple or bulk orders on a cost recovery basis.

1. Youth Justice cards

2. Street Law cards

3. School Cards

Youth Justice Cards
Image (Front) Text (Back)
Diversion >From Youth Court

EXTRAJUDICIAL MEASURES (DIVERSION):

KEEPING YOUNG PEOPLE OUT OF COURT

 

The Youth Criminal Justice Act says it is better to deal with less serious offences outside the court system.

Extrajudicial measures include all consequences imposed by someone other than a judge.

 

To find these programs:

In Toronto, call 211

Throughout Ontario go to www.211Ontario.ca

(the connection to community-based services for youth)

Justice for Children and Youth go to www.jfcy.org

In GTA, call (416) 920-1633

Outside GTA call 1-866-999-JFCY(5329)

Who Can See Your Youth Records

Who Can See Your Youth Record?

 

 

Youth Court Records: Includes charges, assessments, pre-sentencing reports, convictions, and sentences.

 

Police records: May include any arrests, suspected criminal activity, convictions, fingerprints, photographs, 911 calls, interviews, witness and victim reports. The police can check these records any time.

 

This area of law is complicated. If you have any questions consult a lawyer.

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Department of Justice Canada,

Youth Justice Policy, in co-operation with CLEO.

When Are Youth Records Destroyed?

 

A youth record does not automatically disappear when you turn 18;

It depends on the type of offence and the sentence.

 

 

Absolute Discharge: 1 yr after being found guilty

Conditional Discharge: 3 yrs after being found guilty

Summary offences: 3 yrs after finishing sentence

Indictable offences: 5 yrs after finishing sentence

Murder, attempted murder,

aggravated sexual assault: Maybe never

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Department of Justice Canada,

Youth Justice Policy, in co-operation with CLEO.

A Youth Record May Prevent You From Being Admitted Into Another Country.

 

If you have records for drugs, weapons or violent crimes you may be denied access into another country.

 

 

A Youth Record Can Seriously Affect Your Immigration Status In Canada.

 

If you are visitor, refugee claimant, or landed immigrant (not a Citizen) and you are convicted of a crime in Canada, you may face serious consequences, and could be forced to leave Canada. This is a very serious area of the law, contact a lawyer right away if you are arrested.

 

 

A Youth Record May Prevent You From Getting a Job

 

It is not legal for an employer to ask about your youth record. It is legal to ask for a police record check. You make the request and the information comes to you. It’s up to you if you want to show it to the employer.

Unfortunately, the decision you make may affect your chances of getting the job.

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Department of Justice Canada,
Youth Justice Policy, in co-operation with CLEO

Arrested and Under 18

UNDER 18?

QUESTIONED OR ARRESTED

BY POLICE?

 

1.   You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you.
 

2.   Ask why you are being arrested. You have a right to know.
 

3.   Before the police can charge you, they must consider the following alternatives: They can:

a. Let you go.
b. Give you a warning.
c. Caution you (and even your parents) on the spot or at the police station.
d. If there are grounds for a charge, and if you agree, refer you to a community program.
 

4.   If the police officer does not mention these alternatives, politely ask about the alternatives.

 

 

24 hour Legal Aid Lawyers 1-800-268-8326 or

(police must give you this #) (416) 947-3330

 Justice for Children & Youth (416) 920-1633

(outside GTA) 1-866-999-5329

 

*Funding provided by the Department of Justice, Canada

 

Street Law Cards
Image (Front) Text (Back)
Panhandling and Squeegeeing

PANHANDLING AND SQUEEGEEING

 

Aggressive solicitation and solicitation of a captive audience are illegal. Soliciting is asking for money from someone whether or not you provide any services in return. Solicitation includes panhandling and squeegeeing.

 

  • usually, passive panhandling (e.g. merely holding out hand, asking for spare change) is not illegal
  • aggressive panhandling is illegal: confronting, obstructing, touching and threatening pedestrians, using abusive language, being intoxicated or persistent while soliciting.
  • it is illegal to panhandle at ATMs, pay phones, public toilets, transit stops and vehicles, cars in parking lots and vehicles on roadways
  • it is illegal to squeegee on roadways
  • $500 fine (first offence); up to $1000 fine and/or 6 months imprisonment (repeat offences)
  • a police officer who reasonably believes that you are committing an offence can arrest you without a warrant if the officer warned you prior to the incident OR arresting you is necessary to establish your identity or prevent more violations
  • the police can only take your things (including your squeegee) as evidence if you are suspected of using them to commit a crime (e.g. theft, assault, robbery)
  • if you ask for your things back, usually they must be returned to you within 3 months
  • panhandling and squeegeeing can lead to criminal charges for causing a disturbance, and/or loitering, while in a public place

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

Warrants

WARRANTS

 

Warrants do not expire after a certain period of time.

They exist until you deal with them.

 

An arrest warrant means that there are

outstanding charges against you.

 

If the police stop you

Usually, any police officer can arrest you and transfer you to the Ontario city that issued the warrant, although they may not do this.

 

For warrants from other provinces, the Toronto police can hold you to see if the out-of-province police will come and get you. If not, they must let you go.

 

Any police officer in the country can arrest you on a Canada-wide warrant.

 

Dealing with warrants
 
l  For warrants in Toronto (or GTA), turn yourself into the police. It is best to do this at 7 a.m. Monday to Thursday
    and to contact a lawyer first.

l  For warrants outside Toronto and in other provinces:
Pleading guilty: you can request a transfer of your charges to Toronto. If your charges are transferred, you will receive your sentence in Toronto. You should not plead guilty to offences that you did not commit or to which you have a legal defence.

Speak to a lawyer if you are unsure.
Pleading not guilty: you must return to the city that issued the warrant and turn yourself in.

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

Tickets

TICKETS

 

Provincial offences are charges for breaking provincial laws (e.g. squeegeeing, drunkenness, trespassing, spitting)

 

Tickets

Within 15 days you must:

 

  • Plead guilty and pay the fine OR
  • Plead not guilty: Schedule either a trial or a first attendance.
    Ask for disclosure from the prosecutor as soon as possible OR
  • Plead guilty with an explanation: allows you to tell the court your side of the story and whether you can pay the fine. Take pay/welfare stubs, letter from shelter as evidence.

 

Summons

Ask the prosecutor for disclosure when you first go to court.

If you don’t show up on your court date, you may still be convicted.

 

Failure to pay fines

  • default certificate will be issued ordering you to pay fine
  • your driver’s license may be suspended or you may be unable to get or renew your license
  • a warrant for your arrest may be issued if you have repeatedly been warned to pay fine(s)

 

OCAP helps people fight some tickets and summons: (416) 925-6939

 

Provincial Offences call centre: (416) 338-7320

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by The Law Foundation of Ontario

Parks, Squatting and Trespassing

PARKS, SQUATTING AND TRESPASSING

 

All property belongs to someone. Owners can make rules about who can use their property and what can be done on it.

 

Parks

l  you can get a ticket for swearing, throwing things, creating a nuisance, injuring trees, setting up a tent or make-
    shift shelter without a permit, dwelling, camping or lodging without a permit, drinking alcohol, being drunk or
    having an open bottle of liquor, or doing anything violent, threatening or illegal
l 
sleeping in a park is legal
l  any police or by-law officer or municipal employee can order you to stop a prohibited activity or to leave. If you
    do not, you could get a trespassing ticket

 

Trespassing

l   the City can issue trespass order to people who illegally occupy its property (e.g. parks, Nathan Phillips Square,
    Metro Hall)
l  trespassing means 1) entering someone else’s property 2) doing prohibited activities there or 3) not leaving after
    being told to do so by the occupier
l  y
ou will not be found guilty of trespassing if you can persuade the court that you reasonably believed you had
    permission to be there
l  a police officer or the legal occupier can arrest you without a warrant while you are still on the premises if they
    have reason to believe you are trespassing. Once off the property, you can only be arrested without a warrant if a
    police officer believes you were trespassing and you refuse to give your true name and address

l  usual fine is $70 (first offence); max. fine is $2000
l  you can ask a court to reduce the fine to something you can afford

 

Squatting

You can be criminally charged if you:
l  squat or trespass in or near a dwelling house
l  loiter prowl near a dwelling at night while on someone else’s property
l  intentionally damage property, make it useless or dangerous, interfere with its lawful use or interfere with anyone
    else’s lawful use of property

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

Security Guards

SECURITY GUARDS AND SPECIAL CONSTABLES

 

Security Guards

  • if they see you committing a crime on or against the property, can arrest and hold you until police arrive (maybe with handcuffs)
  • no weapons
  • can only search with your permission or to save evidence
  • complaints to Ministry of Public Safety and Security

 

TTC and TCHC (housing) Special Constables

  • can also arrest, charge, take to police for drug, alcohol and trespass offences on TTC and TCHC property
  • can carry batons, paper spray or foam
  • can also search with reasonable grounds
  • complaints to employer

 

Lawyer referral service: GTA (416) 947-3330

Elsewhere in Ontario: 1-800-268-8326

Justice for Children & Youth: GTA (416) 920-1633

Elsewhere in Ontario: 1-866-999-JFCY (5329)

www.jfcy.org

 

Financially supported by the Government of Canada’s Supporting Communities

Partnership Initiative, administered by the City of Toronto

   
School Cards
Image (Front) Text (Back)
Suspensions

SUSPENSIONS

 

Your school's Code of Conduct and the Education Act tell you what conduct can result in a suspension. Suspensions are recorded in your Ontario Student Record – if you change schools they will know what happened.

 

How long can I be suspended for?

· Suspensions can last from up to 20 school days.  If it is more than 5 days, you must be offered a program.  If it is 5 days or less, the school must give you a homework package. 

 

Do I have to be suspended if I broke the rules?

No, your principal or school board must consider many things before deciding, including:

· whether your behaviour was the result of a disability

· your age

· whether your behaviour was because you were harassed

 

What if my suspension is unfair?

· You can ask for a review or appeal your suspension.  You (or your parents if you are under 18) must do this quickly.

· You should contact a lawyer as soon as possible (if you cannot afford a lawyer or your parents refuse to help, call one of the numbers below).

· If your suspension is over by the time the review or appeal is done and they say that you should not have been suspended, if will be removed from your Ontario Student Record.

· If you believe your suspension is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.

 

Justice for Children & Youth

416-920-1633 or 1-866-999-5629 / www.jfcy.org

Pro Bono Law Ontario – Child Advocacy Project

416-977-4448 x.226 or 1-866-466-7256 / www.pblo.org

 Human Rights Tribunal of Ontario

416-326-1312 or 1-800-598-0322 / www.hrto.ca

Human Rights Legal Support Centre

416-314-6266 or 1-800-625-5179 / www.hrlsc.on.ca

Expulsions


EXPULSIONS

Your school Code of Conduct and the Education Act tell what conduct (for example selling drugs, assault, or having a weapon) can result in an expulsion.  Expulsions are recorded in your Ontario Student Record – if you change schools, they will know what happened.

Who decides?  What can happen?

The principal will suspend you while investigating and must make a report with recommendations.  The school board makes the decision after a hearing.  It can decide not to expel or to expel from one school or all its schools.  If you are expelled from all it's schools, you cannot return to school until you have successfully completed a program for expelled students.

 

If you broke the rules, do they have to expel you?

No, your principal has to consider many factors before deciding to ask for an expulsion hearing, such as whether you have a disability, your history at the school, and whether your staying at school would create a risk for others.

 

What if the expulsion is unfair?

You (or your parents if you are under 18) can appeal to the Child and Family Services Review Board, but you must act quickly.  You should get a lawyer as soon as possible.  If you believe your expulsion is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.

 

Justice for Children & Youth

416-920-1633 or 1-866-999-5629 / www.jfcy.org

Child Advocacy Project

416-977-4448 x.226 or 1-866-466-7256 / www.childadvocacy.ca

Legal Aid Ontario

416-979-1446 or 1-800-668-8258 / www.legalaid.on.ca

 Human Rights Legal Support Centre

416-314-6266 or 1-800-625-5179 / www.hrlsc.on.ca