Understanding Age of Consent in canada

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Page last updated on: April 27, 2010

 

 

 

 

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.