Age of Consent in Canada
Teachers and educators are
often asked about the age of sexual consent in Canada. Questions
may come up in the question box about when it is legal to have
sex or when is a good age for teens to have sex. Students may
ask about the law and sexual intercourse to seek permission to
be sexually active. These types of questions provide an
opportunity to talk about sexual decision-making and the
consequences of being involved in a sexual relationship. It is
important that teens recognize how to identify an unhealthy
relationship and what to do to ask for help.
There are several lessons in
the
lesson plan section that address sexual decision making,
consequences of sexual activity and how to deal with abuse.
The section
on
managing sensitive issues provides some advice about
how to deal with disclosures from students.
The following is an
interpretation of the age of sexual consent in Canada.
On May 1, 2008 the Tackling
Violent Crime Act raised the legal age of sexual consent in
Canada; it is the first time it has been raised since 1890.
When sexual activity involves
exploitation such as prostitution, pornography or where there is
a relationship of trust, authority or dependency the age of
consent is 18 years.
For other sexual activity
ranging from sexual touching (such as kissing) to sexual
intercourse, the age of consent was raised form 14 to 16.
There are "close-in-age
exceptions" for example youth who are:
-
16-18 years old- are able to
consent EXCEPT when partner is in position of
authority
-
14-15 years old – are able to
consent IF close in age partner is < 5 years (and
partner not in position of authority or exploitative
relationship) OR married/ preexisting common-law
relationship
-
12-13 years old- able to
consent IF close in age partner is < 2 years (and
partner is not in position of authority or exploitative
relationship)
-
Children <12- unable to
consent under any circumstance
More information can be found
on the
Department of Justice, Frequently Asked Questions Website.
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