Canadian Law and Youth Age of Consent To Sexual Activity

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Canadian Law and Youth Age

of Consent to Sexual Activity
&0
For youth under 18 years old, there are different rules

for when you can legally consent to sexual activity,
depending on your age. Read more below about
what Canadian law says about what age you have to
be to give valid consent to sexual activity.
What is Consent?
In Canada, for any sexual activity or sexual touching to

be legal, it has to be done with the voluntarily
permission of every person involved. Giving your
voluntary permission is called “consent”. Sexual
activity or sexual touching without consent is against
the criminal law, no matter what your age.
At what age can you agree to

sexual activity if you are under 18?
In Canada, you have to be 16 years old to be able to

legally agree to sexual activity.1 This is called the “age
age
of consent”
consent”. Sexual activity includes a range of
activity from kissing to sexual intercourse and cannot
include any abuse or exploitation. There are some
exceptions for youth under 16, but only if the youth are
in “peer groups” or “close in age” (see below).2
You have to be 18 years old to be able to legally

agree to sexual activity that “exploits” – when it
involves prostitution, pornography or when sexual
activity happens in a relationship of authority, trust or
dependency (for example, with a teacher, coach or
babysitter).
Peer Group Exceptions
Ages 12 and 13
12 and 13 year olds can consent to sexual activity with

another young person who is less than two years
older than themselves.3
For example, if you are 12 years old, you can legally

consent to sexual activity with someone who is between
12-14
years old.
If you are 13 years old, you can legally consent to sexual
activity with someone who is between 12-15 years old.
Ages 14 and 15
14 and 15 year olds can consent to sexual activity with

a partner that is less than five years older than
themselves.4
For example, if you are 14 years old,

you can legally consent to sexual activity with someone
who is between 12-19
years old.
If you are 15 years old, you can legally consent to sexual
activity
with someone who is between 13-20 years old.
Ages 16 and 17
If you are 16 or 17, you have reached the age of

consent for sexual activity, as long as your partner is
at least 14 years old.
These “peer group” exceptions mean that if teens

under 16 years old are close in age, they can legally
agree to sexual activity with each other, including
things like “sexting”. But, if a teenager under 16 is
participating in sexual activity with a person who is
older than their “peer group/close in age” group, it is
considered a criminal offence. It does
not matter if the teen gave their permission because
the consent is not considered legally valid.5
IMPORTANT: There are also certain situations where

a youth cannot legally consent to sexual activity.
This means that even if a teen gives their permission
or says “yes” to sexual activity, the law will not
recognize the consent as a valid “yes”:
In Canada, youth under 12 years old cannot

legally consent to sexual activity in any situation.
A youth under 18 cannot legally consent to sexual
activity with someone over 18 where there is a
relationship of authority, trust, or dependency (for
example, a coach, teacher, or family member).
A youth under 18 cannot legally consent to sexual
abuse or “exploitation” such as pornography or
prostitution. 66
Endnotes
[1] Criminal Code, RSC 1985,

c. C-46, s. 150.1
[2] Ibid. See also Canada, Department of Justice,

“Age of Consent to Sexual Activity”, (2015) at para 5.
[3] Ibid at para 7.
[4] Ibid at para 6.
[5] Ibid at para 6.
[6] Ibid at para 4.
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Canadian Law and Youth Age

For youth under 18 years old, there are different rules

In Canada, for any sexual activity or sexual touching to

At what age can you agree to

In Canada, you have to be 16 years old to be able to

You have to be 18 years old to be able to legally

Peer Group Exceptions

12 and 13 year olds can consent to sexual activity with

For example, if you are 12 years old, you can legally

14 and 15 year olds can consent to sexual activity with

For example, if you are 14 years old,

If you are 16 or 17, you have reached the age of

These “peer group” exceptions mean that if teens

IMPORTANT: There are also certain situations where

In Canada, youth under 12 years old cannot

[1] Criminal Code, RSC 1985,

[2] Ibid. See also Canada, Department of Justice,

[3] Ibid at para 7.

[4] Ibid at para 6.

[5] Ibid at para 6.

[6] Ibid at para 4.

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4. Is the OWJN easy to understand? (If not, what

5. Is the OWJN accessible? (If not, how can we do

6. Do you think the information is good quality?

7. Did you learn something new about the law?

8. Do you have a better understanding of basic

9. Do you feel more able to help a woman or

10. Will you use this information? If yes, how?

11. What other topics do you need to learn about?

# Know the Law

# Family Law Rights

# Criminal Law System

# Harassment on the Internet

# Immigration and Refugee Law System

# Discrimination and Human Rights Law

# Legal Words and Definitions

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Share your story

#SISTOAlert. The Toronto Police Service would like to

Information on OWJN is not legal advice

OWJN contains general legal information only. OWJN

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