WARNING!

Who's Jailbait? What the law really says about sex for young people was published in 1995! Since then, Canadian laws regarding the age someone can consent to sexual relations has been raised. On May 1, 2008, the Tackling Violent Crime Act became law, raising the legal age of sexual consent in Canada to 16 from 14.

The 2008 "Age of Protection" law also includes the following exceptions:

  • The "close-in-age" exception allows for sexual relations between a 14- or 15-year-old youth and someone who less than five years older.
  • Sexual relations between a 14- or 15-year-old youth and someone who is more than five years older, if the couple are married (where such a marriage is permitted under provincial or territorial marriage laws).
  • Sexual relations between a 14- or 15-year-old youth and someone who is more than five years older, if the couple are in common law, or living together in a sexual relationship, and have or are expecting a child from that relationship. This exemption for certain common-law relationships, however, is transitional and not be made a permanent part of the law.

Continue to 1995 publication of Who's Jailbait? What the law really says about sex for young people

Further reading

  • "Canada's age of consent raised by 2 years," CBC News, Thursday, May 1, 2008
  • "Commentary – Sexuality and sexual health of Canadian adolescents: Yesterday, today and tomorrow." Eleanor Maticka-Tyndale, Department of Sociology and Anthropology, University of Windsor. The Canadian Journal of Human Sexuality, Vol. 17 (3) 2008 (pp. 85-95) (PDF: MatickaTyndale-consentCJHS-2008.pdf)
  • Legislative Summary – Bill C-22: An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act. By Robin MacKay, Law and Government Division, Parliamentary Information and Research Service, Library of Parliament. February 21, 2007. (Revised August 2, 2007) (PDF: LS550E-2007.pdf)
  • "Social Policy Update: Age of consent to sexual activity in Canada: Background to proposed new legislation on 'age of protection'," Josephine P. Wong, Toronto Public Health, Toronto, Ontario. The Canadian Journal of Human Sexuality, Vol. 15 (3-4) 2006 (pp. 163-179) (PDF: Wong-consentCJHS-2006.pdf)
  • Bill C-267: Legislative amendments to raise the age of consent: A position paper of the Probation Officers Association of Ontario, Probation Officers Association of Ontario, Fall 2006 (PDF: POAO-consent-2006.pdf)
  • Canada's Legal Age of Conset to Sexual Activity, Marilyn Pilon, Law and Government Division, Parliamentary Research Branch, Library of Parliament. January 25, 1999 (Revised April 12, 2001) (PDF: PRB99-3E-2001.pdf)
Trials of the Sex Trade… [Legal tips]

Created: February 18, 2010
Last modified: February 24, 2010
CSIS Commercial Sex Information Service
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