Stay informed with legal news, advice, and educational articles. Answer your complex questions, and explore the latest trends in law. The first and most important thing to know is that any and all sexual activity requires consent from your partner. If your partner does not consent to intercourse or any other touching, age is irrelevant to whether or not you are criminally liable. In Canada that age is 16 years old. This means that as long as someone is 16 years old and the sexual activity is consensual, there is no criminal liability.
Statutory Rape in Canada
While it may have been a common belief that any form of office romance was considered poor conduct and was frowned upon, our attitudes regarding workplace dating are shifting towards a view of acceptance. A large part of this may have to do with our media culture, and namely, the non-cholent manner in which TV shows and movies often portray office romances as an exciting, romantic, or even conventional occurrence.
As a result of these changing times, employers need to be able to deal with the realities of such relationships between its employees, and the legalities and risks that could be associated with them. In short, there really are no hard and fast rules when it comes to inter-office relationships, and it could very well depend on the specific workplace you find yourself in.
The new Standards are designed to align with new Government of Ontario legislation, the Protecting Patients Act, Prior to finalizing the new Standards.
The College receives and investigates complaints against its members related to professional misconduct, incompetence or incapacity. The College strives to ensure fair and impartial treatment for its members while protecting the public interest. Complaints, Investigations and Hearings As members of a profession, teachers are always on duty. Just as doctors, lawyers, nurses, engineers and other professionals are bound by certain standards of conduct, so too are teachers.
This notion needs to be viewed through the lens of reasonable expectation of conduct. One of the privileges associated with professional self-regulation is that the public has entrusted the profession to determine what a reasonable expectation of conduct looks like through the decisions and reasons of a panel of peers. Complaints to the College must relate to alleged professional misconduct, incompetence or incapacity.
The College does not investigate complaints that are outside its jurisdiction or that are frivolous, vexatious or an abuse of process. When someone calls or writes the College to express a concern about a member, College staff assesses the nature of the complaint and, when appropriate, may discuss with the caller or the writer other ways to resolve the dispute, such as talking with the teacher, principal or school board officials.
Formal complaints, which must be in writing, may be made by a member of the public, a member of the College, the Registrar of the College or the Minister of Education. Under the direction of the Investigation Committee, College investigators investigate complaints in a fair and impartial manner. Three College committees deal with complaints: the Investigation Committee, which conducts a documentation review of information related to the complaint; the Discipline Committee, which holds hearings related to alleged professional misconduct and incompetence; and the Fitness to Practise Committee, which holds hearings related to alleged incapacity.
No-sex marriage ends in rare annulment, Ontario court rules
In order to combat the spread of this virus, we are working remotely. We are temporarily not meeting with clients in person but our lawyers are working offsite; we are using telephone and other electronic means to work with our clients and to conduct initial consultations. Even though the courts are closed to all but urgent matters, we continue to do everything we can do to advance cases and obtain the best results that we can for our clients.
Conduct, the Student Code of Conduct and the CPA Ontario By-law and Regulations. Use the dropdown box below to access versions dating back to
Statutory Rape in Canada is defined as any sexual contact with a person under the age of consent. This usually refers to an adults touching children for sexual purposes. The age of consent is consistent across Canada and does not vary between provinces. This means that people who are 15 years of age or younger cannot legally consent to sexual activity. Engaging in sexual activity or sexual touching of a person under the age of consent can result in, among other charges, a charge of statutory rape.
In , the age of consent was changed from 14 years of age to 16 years of age. This was the first time that the law on the age of consent had been changed since This was in part done to deal with the ever-growing issue of internet predators. The first allows children ages 12 or 13 to consent to sexual activity with someone who is less than two years old than them. The second allows 14 and 15 year olds to consent to sexual activity with partners that are less than five years older than them.
Depending on the situation, the close in age exemptions may exempt a person completely from a charge under statutory rape laws or it may merely act as a defence to such a charge. For example, under the first exemption, if a 13 year old and a 14 year old engage in sexual activities together, this would fall under the first close in age exemption and would not be considered statutory rape. Further, under the second exemption, if a person who is 14 years old and a person who is 18 years old engage in sexual activity together, they would fall under the second close in age exemption and this would not be considered statutory rape.
These exemptions become invalid if there is a third person present or if the sexual act does not take place in private.
Brochure: Respect Sexual Consent
Age of consent law in Canada refers to cultural and legal discussions in Canada regarding the age of consent , which was raised in May as part of the Tackling Violent Crime Act. In May , the Canadian government passed a bill to raise the age of consent from 14 to 16, while creating a close-in-age exemption for sex between 14—15 year olds and partners less than 5 years older, and keeping an existing close-in-age clause for sex between 12—13 year olds and partners less than 2 years older.
In , the age of consent was raised from 12 to Former Toronto police officer Paul Gillespie said the bill would give police “more tools” in the battle against Internet predators. One of the motivators for the reform of these laws in Canada was the case of Dale Eric Beckham. In March , Beckham, then 31 years old, travelled from his home in Woodlands, Texas to Ottawa , Ontario to meet with a year-old boy he had met over the internet.
The College cannot by law comment on investigations or complaints unless they are with students; making suggestive comments to students; dating students.
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What You Should Know About Family Law in Ontario
Companion Resource: Advice to the Profession. Together with the Practice Guide and relevant legislation and case law, they will be used by the College and its Committees when considering physician practice or conduct. There are both sexual boundaries and non-sexual boundaries within a physician-patient relationship. Patient : In general, a factual inquiry must be made to determine whether a physician-patient relationship exists, and when it ends. The longer the physician-patient relationship and the more dependency involved, the longer the relationship will endure.
The spirit of the new legislation is not to regulate consensual teenage sexual activity. To this effect, there are a few notable exceptions to the law: Youth 12 or
The age of majority in Canada is the age at which a person is considered by law to be an adult. A person younger than the age of majority is considered a “minor child. At the age of majority, the responsibility of parents, guardians, or child protective services generally ends. However, child support is determined by the court or agreement for each case and therefore may continue past the age of majority.
Upon reaching the age of majority, the new adult now has the right to vote. Other rights may be achieved at younger ages, while some are reserved for ages past the age of majority. The age of majority in the individual provinces and territories of Canada is as follows:. The legal age is set for various rights and activities and is also known as the age of license. It may or may not match the age of majority in a province or territory. Even when it does, there may be other conditions such as mental capacity that can restrict some individuals.
It is important to check the laws and regulations of each jurisdiction to find the applicable legal age for an activity. Because the age of majority varies between 18 and 19, nationwide programs such as sweepstakes often limit entry to age 19 for consistency. Criminal responsibility begins at age 12 in Canada, with individuals protected by the Youth Criminal Justice Act until age By age 14, a youth could be sentenced as an adult.
Ron Ellis Blog
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Human rights law clearly recognizes that sexual harassment is often not about to inappropriate sexual comments because she is dating a racialized man.
The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures. This article was published more than 10 years ago. Some information in it may no longer be current. When it comes to sex, 16 is the new Under a law that went into effect yesterday as part of the federal government’s omnibus crime bill passed in February, a teen under the age of 16 cannot consent to sex with an adult five or more years older.
The bill is intended to target sexual predators, but many youth advocates say that by focusing on age, the new law will confuse teens, make their sexual activities more clandestine and expose them to other risks, including abuse, early pregnancy and sexually transmitted infections.
Age of Consent to Sexual Activity
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Before sending a sext, here are the legal issues you need to be aware of.
Posted in: Privacy. Examples include the recent Hollywood celebrity phone hacking scandal where nude pictures of various female celebrities were hacked from their smart phones and displayed online and the high-profile cases here in Canada where two young women took their own lives after intimate images of them had been shared on the Internet without their consent. The prevalence of such inappropriate use of private images is growing. The law in Canada and Ontario has been responding to this growing trend, both in the civil and the criminal context.
As Justice Stinson noted in his decision:. I therefore would hold that such a remedy should be available in appropriate cases. The matter is still before the courts and therefore the precedential value of this decision remains to be determined. Under section Section In that case , C.
What Impact Could my Dating have on Child Custody during my Divorce?: Part II
Dating during the divorce is a much more complicated matter. Although, in most cases the law in Ontario requires a couple to separate for a period of at least one year, before being eligible to apply for divorce; beginning or continuing an extra-marital relationship during that time is not advisable. A Toronto divorce lawyer will forewarn you that there may be personal and legal consequences.
Dating before one is officially divorced is not a legal argument to withhold or refuse access to children. However, there are a number of implications and consequences that can arise from your personal decision to maintain a new relationship.
It is now illegal for adults in Canada to have sex with a partner under the age of 16, one of the new provisions of the Tories’ violent crime law.
Can dating a co-worker put your job in jeopardy? There really are no hard and fast rules when it comes to inter-office relationships. In fact, intimate relationships between consenting colleagues are not illegal per se. However, employers in Ontario have a strict legal obligation to ensure that their workplaces are discrimination and harassment-free. This alone is enough of a reason for employers to be very apprehensive about condoning any form of inter-office relationships and for employees to be cautious if pursuing a relationship within the workplace.
It is important for both employees and employers to consult an employment lawyer or their HR department with any questions on how to deal with relationships in the workplace. Tread very carefully when engaging in any romantic relations with a co-worker. The fallout of a workplace relationship could damage your reputation. If you hold a position of power, it is never a good idea to date an employee in the workplace.
Ensure you are aware of and understand any policies your employer may have regarding dating in the workplace or regarding real or potential conflicts of interest. If you are in a workplace relationship and are uncertain of how any such policies apply to your circumstances, it is always a good idea to consult with an employment lawyer or your HR representative to seek clarity.
If a policy requires that you disclose the relationship, ensure that you adhere to that policy.