SHORT READ
Alcohol and Minors: Every province is responsible for its own liquor laws and regulations around giving or serving alcohol to minors. For most of the country, a person can buy and drink alcohol at the age of 18. In provinces such as Alberta, Quebec and Manitoba, underage drinking is allowed for younger teens as long as it is done under the supervision of parents or guardians in their residence. The penalties associated with offences involving minors and alcohol vary across Canada.
Table of Contents:
Minors Cannot Drive After Drinking
Under s.320.14(1) of the Criminal Code, anyone who operates a motor vehicle, vessel, aircraft or railway equipment while their ability to operate it is impaired by alcohol or a drug or both can face charges. The Code states that you could face a fine of up to $1,000. It is important to note that provinces have their own guidelines and penalties can be more severe than federal guidelines.
The courts take drinking and driving seriously for young people who may be old enough to drive but who are not old enough to legally consume alcohol. Often a sentence will include a one-year driving ban for youths convicted of impaired driving. Other penalties could include a probation order with conditions (e.g., alcohol counselling) or community service hours.
A conviction can also impact the person's graduated driver's licence, as most provinces require novice drivers to have have zero alcohol in their bodies. In addition, the cost of car insurance will increase significantly upon conviction.
In Alberta, you have to be 18 to purchase alcohol. Drivers can be charged if they have a blood alcohol content of 0.08 percent, though police can also impose administrative sanctions on drivers who are over 0.05 percent. Drivers under the age of 18 cannot have any alcohol to have in the system while they are driving. In addition, the Alberta Traffic Safety Act does not allow any wiggle room for drivers still in the probationary stages of the graduated licensing program regardless of whether or not they are of legal drinking age.
In addition to criminal penalties imposed by the Code, many provinces and territories impose administrative sanctions for impaired driving. People are advised to check the provincial or territorial laws for information on the consequences of impaired driving where they live.
Purchasing, Serving and Possession of Alcohol
In Canada, it is illegal to purchase liquor for a minor. When it comes to serving minors, every province sets it own rules. In Ontario, the Liquor Licence Act states that people under the age of 19 can consume alcohol only if it is supplied to them by their parent or legal guardian and it is consumed in their presence. Similar rules apply in other provinces.
Licenced establishments are never allowed to serve alcohol to minors (those that fall below the age of majority18 in some provinces/territories and 19 in others). The penalty for doing so varies by province. For example, a first contravention of serving a minor is a 10-day licence suspension or a $10,000 fine in British Columbia, where the legal drinking age is 19.
If minors in B.C. are caught with liquor in their possession, if they are found inside a bar or pub or if they try to buy liquor using false ID, they may receive a $230 fine.
In Alberta, the Gaming, Liquor and Cannabis Act controls alcohol sales at bars, restaurants and liquor stores. It is an offence for anyone under 18 to possess, consume or purchase alcohol. It is also illegal to sell or supply alcohol to anyone unless you are a guardian or parent and it is done at home. If someone buys a minor alcohol, they could be fined up to $2,000 in Alberta. Minors found in a licensed premise may have to pay a $200 fine. If a minor provides false identification to get into a public place to drink, they can be charged, as well as the person who gave them the false ID.
Youth Court Governed by its Own Set of Rules
Charges against youths are generally dealt with in youth courtCourt that hears charges against youths between the ages of 12 and 17 in each province or territory. The type of sentence given depends upon whether the youth is a first-time offender, the seriousness of the crime and other sentencing principles listed in the Youth Criminal Justice Act (YCJA). It applies to Canadians aged 12 to 17 who get into trouble with the law. The YCJA has specific provisions on the sentencing of young offenderA person 12 to 17 years old charged with a crimes that are different from the adult sentencing provisions in the Criminal Code.
According to government information (Overview of the Youth Criminal Justice Act), the purpose of youth sentences is to hold the young person accountable by imposing sanctions that have meaningful consequences and that promote rehabilitation and reintegration. The maximum length of youth sentences ranges from two to 10 years. The YCJA encourages the use of extrajudicial measuresProceedings outside the formal court process (measures outside the formal court process) in "appropriate cases" involving youth. These measures include volunteer work, compensating the victim or attending a specialized program. If the young person fails to comply with the terms and conditions of the sanction, the case may proceed through the court process.
Section 41 of the YCJA spells out the principles the court must follow when sentencing young offenders. For a young person to receive an absolute discharge, the court must consider that is in the best interests of the youth and not contrary to the public interest.
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Scharfstein Llp
Woods Law Office
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Glossary of Legal Terms
Age of majority
The minimum age at which a person legally considered to be an adult and can buy alcohol. It is 18 in some provinces/territories and 19 in others.
Extrajudicial measures
Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.
Young offender
A term for a person between 12 to 17 years old who is charged with a crime. Their cases are usually heard in Youth Court, with punishments guided by the Youth Criminal Justice Act.
Youth court
Youth justice courts deal with any alleged offences committed by those ages 12 to 17, in accordance with the Youth Criminal Justice Act.
