Maybe you have a part-time job. Maybe your parents pay you an allowance. Maybe you make money shoveling snow or cutting grass. In any case, you’ve got money!

Opening a Bank Account

First step, where do you put this money? Have you outgrown your piggy bank? Maybe a bank account would be more appropriate!

If you are under the age of majority, some banks require your parent or guardian to be a joint account holder on the account.Banks in Canada must follow certain laws. Some banks are governed by Canada’s Bank Act – generally those with locations across the country. Banks with locations in one province must follow provincial banking laws. For example, the ATB Financial Act governs ATB Financial bank in Alberta.

Credit unions are similar to banks except that they are non-profit institutions. Customers must first qualify as a member and then become owners, meaning they share in any profits the credit union makes. The Bank Act regulates some credit unions. Provincial credit unions are regulated by provincial laws, such as Alberta’s Credit Union Act.

The Bank Act says that any natural person (an individual, not a company) can deposit money in a federally-regulated bank, regardless of whether they are allowed by law to enter into contracts. The underlined part is important. Canadian common law (judge-made law) says that individuals under the age of majority (in the province where they live) or who do not have mental capacity generally cannot enter into contracts. There are exceptions. Contracts are agreements between you and another person where you give each other something. But the Bank Act makes it clear that a minor can open a bank account even if they cannot enter into a contract.

Photo by Skitterphoto from Pexels

If you are under the age of majority, some banks require your parent or guardian to be a joint account holder on the account. A joint account holder has the same rights to access your money and manage your account as you do, unless the bank allows for different controls. Some banks will let you open an account on your own if you are at least 12 or 13.

For example, let’s canvas a few banks and credit unions, both in Alberta and across Canada:

• ATB’s Generation Account is for youth under 19 but parents must be joint account holders for youth under 12.
• RBC has student accounts for youth aged 13 or older.
• TD Youth Accounts are for youth aged 18 and under to help them learn the benefits of saving.
• Servus Credit Union offers free banking for persons aged 17 to 25. It also offers a Youth Plan 60 account for youth aged 16 and younger (and youth aged 12 and up can open and operate the account with a parent).

What about a credit card? Well, a credit card is a contract that is not to be taken lightly. To get a credit card on your own, you must be the age of majority in the province or territory where you live. In Alberta, that’s 18 years. If you are under the age of majority, the bank will require that your parent or guardian co-sign for the credit card. If you do not pay the money back, the person who co-signed will be responsible for repayment of all outstanding balances and debts.

Check with different banks about their rules for youth and the benefits of their youth accounts.

Filing Taxes

Have you heard adults in your life complaining about having to pay taxes? The government collects taxes on different things – income, goods and services (GST), property and more – to help pay for government services, such as healthcare facilities, education, courthouses, registry services, etc.

Filing a tax return means to report your income (and other amounts you earn) each year to the government. Income tax is tax on employment income. Employment income is amounts you receive as salary, wages, commissions, bonuses, tips and gratuities. Your employer deducts this tax from your pay cheque, along with amounts for Employment Insurance (EI) and Canada Pension Plan (CPP) contributions. By law, your employer must collect income tax and deductions. Look at your pay cheque to see if your employer is deducting these amounts.

Both the federal government and provincial governments collect income taxes – the federal government under the authority of the Income Tax Act and provincial governments under provincial laws, such as the Alberta Personal Income Tax Act. The amount of the tax varies by government and by income levels (called tax brackets).

Filing a tax return means to report your income (and other amounts you earn) each year to the government. The deadline to file taxes is April 30 of each year. You may be eligible for deductions (amounts you can subtract from your income) or credits (amounts subtracted from the amount of income tax you owe). The most common tax credit is the basic personal amount tax credit.

Employment income is amounts you receive as salary, wages, commissions, bonuses, tips and gratuities.Both federal and provincial governments have a basic personal amount tax credit. The effect of the tax credit is that individuals who earn income equal to or less than the basic personal amount (BPA) get back the income taxes they paid. Individuals who earn more than the BPA get a credit for an amount equal to the BPA multiplied by the tax rate for the lowest tax bracket. Math? I know, my brain hurts too. For 2020, the federal BPA is $13,229 for individuals with net income of $150,473 or less. The BPA decreases for individuals who earn more than that, with the lowest BPA being $12,298 for individuals with net income greater than $214,368. The Alberta BPA is $19,369. Individuals can apply both the federal and provincial BPA tax credits to lower the amount of taxes they owe. ATB Financial has an article called “Understanding your personal taxes in Alberta” with more detailed information.

So, do youth have to file tax returns? The Canada Revenue Agency’s website has a list of individuals who must file tax returns. If your employer has deducted income tax from your pay cheques but you make less than the BPA (combine the federal and provincial BPAs), then you may get back the taxes you have already paid. That’s a reason to file!

Taxes can be confusing! That is why accounting programs and accountants exist to help us! For a fee of course. Around tax season, there are also tax clinics that help people file their taxes for free. For more information on taxes generally, see the Government of Canada’s website and your province’s website.

Do you have other questions about laws that apply to youth? Check out CPLEA’s Law FAQs website for more information.

You passed the test. You practiced driving in your parents’ car. You were set to take the road test to get your license. And then COVID-19 hit. And your road test was cancelled.

The good news: As of June 30^th, you can now book a road test in Alberta! The bad news: Road tests are booking four to eight weeks in advance right now because of the backlog. To prevent further delay, are you ready?

Learner’s Licence (Class 7 License)

In Alberta, you must be at least 14 years old to get a Learner’s License or Class 7 License.

The Tests:

You must take a driver’s knowledge test and a vision test. You can take the tests at most registry offices in Alberta. Call ahead to see if there are extra rules you should know due to COVID. Your parent or guardian must go with you and consent to you writing the test, if you are under 18.

Your parent or guardian must go with you and consent, if you are under 18.The test is 30 multiple-choice questions and you must get at least 25 correct to pass. If you fail, you can go back the next day to try again. There are no limits to how many times you can take the test but you can only try once per day. To help you study up, study guides and practice tests are available online.

The test is available (writing only) in 25 languages. For $30, you can use an audio-assistant device that reads the questions and answers to you. The device only speaks English. In some circumstances, you can request a translator. See the Government of Alberta’s website for instructions on requesting a translator.

The test costs $17. Once you have passed the test and the registry agent validates the test permit, it is valid for one year from the date of the test. This means you must apply for your Class 7 License within this time. If you wait longer than one year, you will have to rewrite the test. You must pay a fee to get your license. A new license costs $93* and is valid for five years. You can choose to get a license for fewer years for a lower cost.

You will also need to take identification with you to prove who you are, where you live and you are allowed to be in Canada. Identification includes an ID card, valid passport, permanent resident card, driver’s license issued by any official government or nexus card. See the Government of Alberta website for ID requirements.

You do not have to take a road test to get your Learner’s License. But you will need to practice up with a licensed driver before you can get your next class of license.

Photo by Taras Makarenko from Pexels

The Rules:

• You can drive a moped by yourself.
• A Class 5 License holder who is 18 years or older must accompany you when driving. They must be in the seat next to you in the car.
• You cannot drive between midnight and 5 AM.
• You cannot have more passengers than the number of functioning seat belts in the vehicle.
• You will have your license suspended at 8 demerit points. You get demerit points for traffic infractions. For example, if the police pull you over for speeding, they will give you one or more demerit points depending on how fast you were going.
• You cannot have any alcohol, cannabis or illegal drugs in your blood when driving.

Probationary License (Class 5 Graduated Driver’s Licence (GDL))

You have had your Learner’s License for at least one year. You are at least 16 years old. You are ready to take the next step to becoming a fully licensed driver!

The Tests:

You must pass the basic Alberta road test. Book your road test online or in-person at a registry office. Your parent or guardian must go with you and consent, if you are under 18.

You start the road test with zero points. You get points if you do not practice safe driving (shoulder checking, etc.), fail to follow the rules of the road or complete a maneuver poorly (being too aggressive or hesitant, etc.). You fail if you get 75 points. You automatically fail if you endanger a pedestrian or another driver, drive unsafely, or break traffic laws.

Book your road test online or in-person at a registry office.The test costs $83. If you pass, you will also have to pay the fees to change your license. If your Learner’s License is still valid, you can pay $28* to reclass your license. If your license is almost expiring, you must renew your license.

You must also pass a vision screening. A registry agent conducts this test at the registry office.

The Rules:

• You cannot have more passengers than the number of functioning seat belts in the vehicle.
• You will have your license suspended at 8 demerit points.
• You cannot have any alcohol, cannabis or illegal drugs in your blood when driving.
• You cannot upgrade to a commercial driver’s license (Class 1, 2, 3 or 4).
• You cannot be the accompanying driver to a learner.

Fully Licensed Driver (Class 5 License)

You have had your GDL for at least two years. Your license has not been suspended in the last 12 months. You are ready to become a fully licensed driver!

The Tests:

You do not have to take a road test to get your Learner’s License.You must pass an advanced road test. Book your test online or in-person at a registry office. Just like the basic road test, you start with zero points and fail if you get 75 points. The test costs $138. If you pass, you will also have to pay the fees to reclass or renew your license.

The Rules:

• You must follow all of Alberta’s traffic laws.
• You will now lose your license if you get 15 demerit points.

Ready to Hit the Gas?

Now you know what to expect. Study up and drive safe! And if you have any more questions, see the following resources:

• Government of Alberta website on getting a driver’s license
• Youth and the Law in Alberta FAQs

*License fees may change slightly. The amount listed here is the maximum amount a registry agent can charge in Alberta.

We are in the middle of a global health crisis – the COVID-19 pandemic. With health on everyone’s mind, now is a perfect time to talk about when you can give your consent to medical treatments, without your parents’ approval. To be clear, by youth we mean anyone under the age of majority in the province where you live. In Alberta, the age of majority is 18 years.

In this column, we are going to look at two related concepts:

1. Giving consent for medical treatment
2. Confidentiality between patients and doctors

Giving Consent

Alberta uses the mature minor doctrine for youth giving consent to medical treatments.If you are a minor (under the age of majority) in Canada, you can generally make your own medical decisions if:

• you are mature enough to make your own informed decisions; and
• you understand the consequences of your decision.

This is called the ‘mature minor doctrine’. It is law according to the common law. (Common law means judge-made law, as opposed to laws made by the government.) Alberta uses the mature minor doctrine for youth giving consent to medical treatments.

A health professional will decide if you are capable of making your own decision. They might make you sign a consent form. There is no hard and fast rule about how old or mature you have to be. Generally, you must be more mature to make more important decisions. For example, if you are 16 years old and want to get birth control, your doctor may decide that you are capable of making the decision yourself without your parents. If you are 14 years old and need cancer treatment, your doctor may decide that you are not capable of making this decision by yourself.

Each province has its own laws about disclosing health information.If you are capable of making your own health decisions, your parents cannot overrule your decision. There have been many court cases where youth have asked the court to let them make their own medical decisions or where parents want the court to order the youth to undergo treatment. The court will look at all the evidence and decide if you are a ‘mature minor’.

There have been other court cases where the government gets involved because the youth and their parents are refusing medical treatment that could save the youth’s life. For example, there was a case in Alberta where a 16-year-old refused blood transfusions that would save her life. She was a mature minor. Both her and her parents refused the treatment based on their religious beliefs. The government applied to court to be able to make decisions for the girl. The court found the girl was in need of protective services under Alberta’s Child, Youth and Family Enhancement Act. The government, through the Director of Children’s Services, then had the authority to make decisions for the child. The courts have said that the mature minor rule does not apply in child welfare proceedings. Instead, the court looks at what is in the child’s best interests.

Two provinces have legislation that give minors the right to make their own decisions at a specific age. In New Brunswick, the Medical Consent of Minors Act gives all youth who are 16 or older the right to consent the same way as if they were 19 (the age of majority in that province). Youth under 16 can make decisions if they are mature minors – according to the mature minor doctrine above. In Quebec, the age for consenting to medical treatment that is necessary for health is 14 years. A child under 14 years cannot make health decisions on their own.

Patient-Doctor Confidentiality

Photo from Pixabay

If the health professional believes you are capable of making medical decisions for yourself, your next question probably is whether the health professional will share health information with your parents.

Generally, if you are capable of making your own health decisions, then the health professional cannot disclosure your health information to anyone, including your parents, unless you give your consent.

Alberta’s Health Information Act confirms this rule. The Act sets out to whom, how and when your health information gets disclosed. Section 104 says who can exercise the rights or powers conferred under the Act (such as the right to control disclosure of your health information). If you are under 18 then:

• You can exercise these rights or powers if you understand the nature of the right or power and consequences of exercising the right. (This would be the case for a mature minor.)
• Your guardian can exercise these rights or powers if you do not understand the nature of the right or power and consequences of exercising the right.

So if you are a mature minor in Alberta, you can control how your health information is disclosed. Each province has its own laws about disclosing health information.

If you are capable of making your own health decisions, your parents cannot overrule your decision.However, health professionals have an obligation to disclose your health information in certain situations, even if you ask them not to. This includes where the health professional suspects abuse, for court proceedings, to prevent fraud or if it is related to an offence being investigated.

If you have concerns or questions about your health information being disclosed improperly, you can contact the Office of the Information and Privacy Commissioner of Alberta or the equivalent in the province where you live.

Resources

For more information, check out these resources:

• Alberta law: Youth FAQs – Health & Medical by CPLEA
• British Columbia law: Legal Rights for Youth in British Columbia – Medical Rights by Justice Education Society
• Saskatchewan law: Requirements for Consent to Medical Treatment by PLEA
• Ontario law: Youth Medical Rights by Justice for Children and Youth
• Quebec law: Consent to Medical Care and the Right to Refuse Care by Educaloi
• New Brunswick law: Patient Rights by Public Legal Education and Information Service of New Brunswick
• Nova Scotia law: Consent, Capacity, and Substitute Decision-Makers by the Government of Nova Scotia
• Yukon law: Informed Consent by Yukon Health and Social Services

COVID-19 has changed everything! One of the biggest changes for youth? School buildings are closed. But school has not been cancelled! It has simply moved online. So just in case you’ve forgotten how to ‘do school’, this column focuses on the laws about school in Alberta.

Photo from Pexels

The Education Act sets out the law for all things school-related in Alberta. The following list covers some of the important provisions of the Act from a student’s perspective:

Right to an Education

If you are aged 6 to 18 years and live in Alberta, you have a right to access education.

Attendance at School

If you are under the age of 16, you must attend school. If you do not, the school can take steps to make sure you attend. A judge can also make an order allowing someone from the school to enter into a place where you are and take you home or to school. There is an exception if you finish high school before you turn 16.

If you are continuously absent from school, the school can refer your case to the Attendance Board. The Attendance Board consists of members from across the province appointed by the Minister of Education. If your school refers you to the Attendance Board, one or three members will form a panel. They will host a meeting (called a case conference) with you, your parents and school staff. If your attendance issue cannot be resolved at the case conference, then the Attendance Board can schedule a formal hearing. At the hearing, the Attendance Board can:

• direct that you attend school
• direct that your parent send you to school
• direct that you take a certain education program
• report the matter to a child intervention worker
• impose a fine on your parent of $100 or less per day for each day you do not attend school. The total maximum amount your parent will have to pay is $1000.
• give any other direction it thinks is appropriate in the circumstances.

French Education

The Alberta government sets the curriculum for most Alberta students.Section 23 of the Canadian Charter of Rights and Freedoms says that French speakers in a province where French is the minority language spoken have a right to education in French. The same is true for English speakers in a province where English is the minority language spoken. This means that French speakers in Alberta have a right to a French education. Franco-Albertans have the right to manage and control French-language schools. Today, there are four French-language school boards in Alberta. French is also widely taught as a second language in schools across the province.

The Curriculum

The Alberta government sets the curriculum for most Alberta students. It contains certain learning objectives. However, depending on specific learning contexts, teachers get to decide how they teach the material, including which appropriate resources to use. So your friend in another class or school is learning the same things but maybe in different ways.

Types of Schools

There are different types of schools in Alberta:

• Public schools are funded by the Alberta government.
• Private schools can be operated by anyone the Minister approves. Private schools are either accredited (students write provincial exams and are taught by Alberta certified teachers) or registered (instructors are not required to have Alberta teaching certificates). Private schools can charge tuition. Some accredited private schools receive funding from the Alberta government.
• Charter schools are operated by societies or charitable organizations and approved by the Minister of Education. They usually offer an alternative program.

The Education Act also provides for diverse and flexible learning opportunities, including alternative programs, early childhood services programs, off-campus education programs and continuing education programs. The Act also provides for home education (or homeschool) programs, which must follow certain guidelines.

Responsibilities of Students and Parents

The Education Act sets out the law for all things school-related in Alberta.Under the Act, you as a student have the following responsibilities:

• Attend school regularly and on-time
• Be ready to learn and engage in your education
• Conduct yourself in a way that contributes to a welcoming, caring, respectful and safe learning environment for everyone
• Respect the rights of others at school
• Not tolerate, not participate in and not be afraid to report bullying
• Follow the rules of the school and the school board
• Be accountable for your conduct to your teacher and other school staff
• Positively contribute to your school and community.

Under the Act, your parent has the following responsibilities:

• Act as the primary guide and decision-maker about your education
• Take an active role in your success, including helping you meet your responsibilities
• Make sure you attend school regularly
• Conduct themselves in a way that contributes to a welcoming, caring, respectful and safe learning environment
• Co-operate and work with school staff to help you learn
• Encourage and maintain collaborative, positive and respectful relationships with teachers, principals and other school staff
• Engage in your school community.

Student Discipline

If you misbehave at school, you can be suspended or expelled. Misbehaviour includes not complying with your responsibilities (see above) or distributing an intimate image of another person without their consent.

If you are under the age of 16, you must attend school.Your teacher can suspend you from one class period. Your principal can suspend you from school, one or more class periods, from taking school transportation, or from any other school-related activity. If your principal suspends you, they will call your parents and provide an opportunity for your parents to meet with them to discuss the suspension. If you are 16 or older, you can be in the meeting too. A suspension cannot be longer than 5 school days.

You can be expelled from school for more serious misbehavior. First, the principal will suspend you. Then the principal will recommend to the school board that you be expelled. You and your parent may talk to the board about the proposed expulsion. Within 10 days of the start of your suspension, the board must make a decision to return you to school or to expel you.

Conclusion

A lot of rules are in place to regulate education in Alberta. Within the boundaries of these rules, schools can still adapt to the needs of their students. Ultimately, the school experience is a combination of everyone’s efforts to create a positive learning environment. The more you get involved in different aspects of school, the more you may feel in control of your learning.

Photo from Pexels

We’ve all done it. Scrolled quickly through legal terms and clicked “I Agree” without reading a word. If you’re like me, you think, well how bad can these terms and conditions be? Everyone is using this app. But what exactly are you agreeing to?

In this column, we’ll look at the terms of use for Facebook, Instagram and Snapchat. (We’ll refer to these sites as ‘platforms’.)

The Documents

Each platform has its own terms and conditions and other policies:

• Facebook’s Terms of Service (last updated July 31, 2019) apply to your use of Facebook and Messenger.
• Facebook’s Data Policy (last updated April 19, 2018) applies to your use of Facebook, Messenger and Instagram.
• Instagram’s Terms of Use (last updated April 19, 2018) apply to your use of Instagram.
• Snapchat’s Terms of Service (last updated October 30, 2019 and apply to users outside the United States) and Privacy Policy (last updated December 18, 2019) apply to your use of Snapchat, Bitmoji and Spectacles.

There are other terms and policies that may apply to you if you are using other features or add-ons, or running a business. Check each platform’s website for more information.

The Terms

By using the services provided, you and the company have entered into a contract. But this contract is not one where you can negotiate the terms with the other party. Facebook will not change some of their terms just for you. If you don’t like the terms and conditions, then don’t use the platform!

User Restrictions

You must be at least 13 years of age to use Facebook, Instagram or Snapchat. Convicted sex offenders cannot use the platforms. You can only create one account on Facebook for your personal use.

Facebook, Instagram and Snapchat have data policies to let you know what information they collect and how they use it.Ownership of Content

You own the intellectual rights in your content. For example, if you post a photo that you took, you automatically own the copyright in that photo. Owning the copyright means others cannot use your photo without your permission. However, by using Facebook, Snapchat or Instagram, you give them permission to use your photo. Technically speaking, you grant them a license to host, use, copy, change, publish and distribute your copyrighted materials. All three platforms state that the purpose of this license is to provide and improve their services and products.

Activities Not Allowed

You cannot use the platforms for corrupt purposes, such as:

• Violating or infringing on someone else’s rights (including copyright and privacy rights)
• Bullying, harassing or intimidating someone
• Doing illegal things or posting illegal things on the site (such as pornography, graphic violence, threats, hate speech)
• Interfering with the platform’s software
• Accessing someone else’s account without their permission.

Facebook, Instagram or Snapchat can delete any of your content that violates their terms and conditions. These companies can also share your information with police or lawyers as requested.

You own the intellectual rights in your content. Each platform has also created its own community guidelines or standards that outline other unacceptable behaviors, such as:

• No nudity or sexually explicit content.
• No hate speech, degrading or shaming content, blackmail or harassment, and repeated unwanted messages.
• No violence or encouraging violence, including threats or against anyone based on race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, disabilities or diseases.
• No glorification of self-harm.

Resolving Disputes

If you have a dispute with Facebook, Instagram or Snapchat, try contacting them first to resolve the issue. If that doesn’t work, then each platform’s terms say how the dispute will be resolved. For example, if you have a dispute with Facebook, you can start a lawsuit where you live. If you have a dispute with Snapchat, the law of England and Wales applies and a judge in England will hear the dispute. That could be an expensive lawsuit!

Exclusion of Liability

Each platform’s terms try to limit the company’s liability to you for any losses (money or otherwise) you suffer from using their services. For example, if Instagram deletes your content, information or account, you probably won’t be successful if you try to sue them for losing all your photos.

Advertising

All three platforms are free to use. But there’s a catch.

By using the services provided, you and the company have entered into a contract.Ever wonder why you see so many ads that are eerily similar to things you buy or like? That’s because Facebook, Instagram and Snapchat make money from selling ads to businesses and other organizations that want to promote their products. Advertisers tell the company which audience they want to see the ads. And the company shows the ads to users who fit that description, based on users’ activities and interests.

Facebook, Instagram and Snapchat have data policies to let you know what information they collect and how they use it. The platforms may collect the following information:

• information and content you provide on the platform
• your activity (including people, accounts, hashtags, groups, use, etc.)
• information about transactions made on the platform (such as Facebook donations)
• things others do and information they provide about you (such as others sharing or commenting on photos of you)
• information about the device you use to access the platform
• information from third party providers who have a right to provide the platform with your information.

The companies use this info to show you ads, report back to advertisers and make their services better. They also collect this info to promote safety and security on the platforms.

Facebook shares this information as non-identifying information. This means that whoever receives the information would not be able to identify you. You can change your privacy settings in Facebook to control what information Facebook and Instagram can access. To do so, go to your “Settings” and then click on “Ads”.

All three platforms are free to use. But there’s a catch.Snapchat may share public information about you, such as your name, username, Snapcode and profile pictures. To change how your data is collected and used for advertising, follow Snapchat’s step-by-step instructions.

Other Privacy Concerns

In addition to what information the platforms share about you to advertisers, you should also think about:

• How are other users sharing your information? Are your friends sharing your photos or other information about you? What are your friends’ privacy settings?
• What other companies are you interacting with on the platforms? For example, if you buy a game through Facebook, that game company may not be connected to Facebook and may have its own privacy policy.

Conclusion

The takeaway? If you don’t agree with these terms, delete your accounts!

Sometimes the laws are the same for youth, sometimes they are different. Our new Youth & the Law column aims to help readers better understand legal topics affecting youth today.

Photo from Pixabay

In this issue, we’re diving straight into a controversial topic among youth today: sexting.

What is sexting?

Sexting is sending or receiving sexual pictures, messages or videos through technology, such as cell phones, apps, email, the internet or webcams.

Sexting is serious business. What may start out as a seemingly innocent photo to your boyfriend or girlfriend can turn into much more. What if the recipient shows the image to their friends? What if the recipient forwards the image to others via text or Snapchat? What if the image gets posted online or to a group message? Suddenly the image has gone viral, and you cannot take it back.

The Alberta Government reports that about 25% of students in grades 7 to 11 in Canada have received or sent a sext. A University of Calgary study reports that 12.5% of teenagers are forwarding intimate photos without the sender’s consent.

Is sexting illegal?

Sexting is illegal if you are under 18 and can be illegal if you are 18 or older.

If you are under the age of 18 years, as the sender or recipient, matters are complicated. It is illegal to take or send sexual photos or videos of anyone who is, or is shown to be, under 18 years of age. This is child pornography.

It is also illegal to:

• possess child pornography. This means having or saving images or videos on any device or cloud storage.
• distribute child pornography. This includes sharing or selling to others, such as forwarding through text, email or an app, or posting on the Internet.
• access child pornography. This includes visiting websites with child pornography or causing someone to send you child pornography.

For example, if you are 16 and you send a naked photo of yourself to your boyfriend, you have created and distributed child pornography. If your boyfriend saves the photo to his phone, he possesses child pornography. If he also shares the photo with his friends, he has distributed child pornography.

Sexting is sending or receiving sexual pictures, messages or videos through technology, such as cell phones, apps, email, the internet or webcams.Prison sentences for making or distributing child pornography are up to 14 years while those for possessing or accessing are up to 10 years. Youth under the age of 18 years old who are charged with a criminal offence are sentenced under the Youth Criminal Justice Act.

There is a “private use exception” defence available to individuals charged with child pornography. The accused must prove that the sexual activity recorded was lawful (there was lawful consent to the sexual activity and the person was not being exploited), the person being recorded consented to being recorded, and the recording was intended for private use only by the creator or the person depicted in the recording. Note though that this exception does not appear to apply to images of one person sent to another, since the recipient is neither the creator nor the person depicted.

If you are 18 years or older, it is not illegal for you to willingly send a photo, message or video of yourself to someone else. Matters get complicated (and illegal) where:

• you are not willingly sending the photo, message or video of yourself;
• you do not consent to a photo, message or video of yourself being made or shared; or
• you are sharing or publishing a photo, message or video that involves someone else without that person’s consent.

Effective 2015, the federal government added an offence to the Criminal Code of Canada. Under s. 162.1, it is illegal for anyone to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that person did not give their consent (or being reckless as to whether that person gave their consent). This is sometimes called revenge porn. The penalty? A prison term of up to 5 years.

An “intimate image” is defined as a visual recording (photo, film or video recording) where the person is exposing their genitals or breasts or is engaged in explicit sexual activity. The recording must also be made in circumstances where the person had a reasonable expectation of privacy (such as a private moment between consenting adults).

What is consent?

Consenting to having photos or videos of yourself taken is different from consenting to sexual activity.

Sexting is illegal if you are under 18 and can be illegal if you are 18 or older.Consent in the context of sexting has to do with privacy. Kids Help Phone discusses consent as “agreeing to something using your own free will.” Just because you consent to intimate images being taken of you does not mean that you consent to those intimate images being shared with anyone other than the intended recipient.

When it comes to sexual activity, Canadian law says that the age of consent is 16 years old. There are exceptions:

• a person aged 12 or 13 can consent to sexual activity with someone less than 2 years older;
• a person aged 14 or 15 can consent to sexual activity with someone less than 5 years older.

People under 12 years of age cannot give consent at all, even with someone who is close in age.

However, if you are under 18 years of age, you cannot consent to sexual activity with anyone:

• who is in a position of trust or authority over you (such as a teacher, coach or employer); or
• who you are in a relationship of dependency with; or
• who you are in a relationship with and who is exploiting you.

Where to get help?

If you have more questions or concerns about sexting, you can call the Kids Help Phone at 1.800.668.6868 or visit their website. If you believe a photo or video of you has been shared without your consent, you can contact your local police.