Mar 24, 2011
By Susan Irwin, Executive Director / Lawyer, Rural Legal Services
Teens and alcohol are a cocktail that can lead to more than just the morning after headache and parental indignation. It can lead to legal problems that will persist long after the hangover is gone.
Some of the problems that could arise for tippling teens were explored in a recent newsletter published by Justice for Children and Youth (JFCY). Like Rural Legal Services, JFCY is a community legal clinic funded by Legal Aid Ontario to provide free legal information and select legal representation. Unlike this clinic, which serves only eligible individuals living in northern Frontenac and northern Lennox & Addington counties, JFCY has a province-wide mandate to help low-income children and youth facing conflicts with legal, education, social service or mental health systems.
In JFCY’s Spring newsletter, legal staff at JFCY provided legal analysis of mock scenarios written by Toronto high school students about what could happen at a “house party”. The following scenario was written by Jenny Li, grade 12:
As Anthony walks around the crowded house checking out the scene, he hears the music pounding in his ears and the bodies dancing around him.
The contents of his cup slosh around as he navigates the house looking for the six-pack Jackson brought.
Stumbling happily into the kitchen, Anthony bumps into Mr. & Mrs. Johnson handing out jell-o shots to several of his already tipsy friends. “I want in” shouts Anthony. Downing the chaser, he becomes aware of shouting coming from the basement.
What is it? What’s wrong?
Someone runs into the kitchen followed by a stampede of other bodies and voices all shouting, “Cops! Cops! They’re at the door!!”
Anthony stares up in wild panic. “Hide! We need to go! Basement? Where??” In the panic everyone looks towards Mr. & Mrs. Johnson, the parents who were present at the party, looking for some sort of direction.
Suddenly, there is a knocking at the front door along with the faint sound of sirens-perhaps the neighbours called the cops! “What do we do?”
JFCY says:
In this scenario, parents are hosting a party for their children and their children’s friends. A law called the Liquor License Act says that people under age 19 are not allowed to have, drink or purchase alcohol. These kids could be charged because they were drinking while under-age. However, there is an exception in that parents are permitted to give alcohol to their own under-age children at home under parental supervision, without them or the kids being charged.
The parents in this scenario also gave alcohol to other children. These parents could be charged under the Liquor License Act with supplying alcohol to minors. They could also face a lawsuit in civil court if anyone was injured or property was damaged as a result of the alcohol consumption.
Finally, the Children’s Aid Society may have some concerns about children who are supplied alcohol by their parents.
If you would like more information about JFCY, you can visit their website: http://jfcy.org/ or call them at 1-866-999-5329. You can also contact this clinic for legal information.
Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.
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