Truancy, anyone know of any laws for this in Canada?

Tonington

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Oct 27, 2006
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So I just happened across this story from Houston, and I was wondering if there are any laws like this in Canada still? Maybe some local laws, or some provincial ones? Maybe there are some truancy laws and you just never hear of it? I read it and thought WTF? The laws the law, but it seems a bit harsh.

Honor student placed in jail for tardiness and truancy at school | khou.com Houston
A judge threw a 17-year-old 11th grade honor student from Willis High School in jail after she missed school again. Judge Lanny Moriarty said last month Diane Tran was in his Justice of the Peace court for truancy and he warned her then to stop missing school. But she recently missed classes again so Wednesday he issued a summons and had her arrested in open court when she appeared.

Tran said she works a full-time job, a part-time job and takes advanced placement and dual credit college level courses. She said she is often too exhausted to wake up in time for school. Sometimes she misses the entire day, she said. Sometimes she arrives after attendance has been taken.

The judge ordered Tran to spend 24 hours in jail and pay a $100 fine. Judge Moriarty admitted that he wants to make an example of Tran.

“If you let one (truant student) run loose, what are you gonna’ do with the rest of ‘em? Let them go too?” Judge Moriarty asked.

Tran said she is working so hard because she is helping to support an older brother who attends Texas A&M University and a baby sister who lives with relatives in Houston. Tran said her parents divorced “out of the blue” and both moved away, leaving her in Willis. Her mother lives in Georgia, she said.

“I always thought our family was happy,” the teen said tearfully.

Tran lives with the family of one of her employers. They own a wedding venue. She works at the Vineyard of Waverly Manor on weekends and at a dry cleaners full time.

“She goes from job to job, from school she stays up ‘til 7 o’clock in the morning,” said her friend, co-worker and classmate Devin Hill.

 

petros

The Central Scrutinizer
Nov 21, 2008
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I heard it proposed here at City Council last fall. Not enough in the cop budget, they said. Every school has a cop already called a "resource officer" but Council figured they would be spending too much time chasing kids than being around the school to protect it and do what they normally do.
 

CDNBear

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I'm not sure about all the legal aspects, but under the Education Act, anyone under the age of 16, must attend school.

I have no idea how they enforce that though.
 

IdRatherBeSkiing

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May 28, 2007
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After 16 they can just drop out anyhow so I don't think truancy can be enforced in grade 11. Younger years they get child services involved sometimes.
 

petros

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I see 8-9-10 year olds wandering around the hood all day here. Maybe they are just practicing for when they are 25-26-27?
 

WLDB

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Jun 24, 2011
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I find that case in Texas to be incredibly insane. It made no sense to arrest or charge her for that. She is hard working and trying to survive with little help. Give her a break.

If there are laws here on the subject they are poorly enforced. I skipped 83 days in grade 8. That would have been 2001-02. I failed the grade but no cops or child services were contacted to my knowledge. In high school me and most people I knew would skip occasionally and forge notes from parents. Again, I never heard from anyone other than the school. Students like me or my friends I can see potentially going after. But that girl in Texas, no way.
 

Bar Sinister

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Jan 17, 2010
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Right, putting a young woman is jail is certainly on the right track. She will certainly get a great education there. This is what happens when judges are elected instead of appointed. They play to the public with bonehead stunts like this.
 

hermanntrude

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Jun 23, 2006
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From what i've seen of the schools in the USA, i'd go truant too.

Make a school half-decent and you wont have much trouble with truancy
 

JLM

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Nov 27, 2008
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So I just happened across this story from Houston, and I was wondering if there are any laws like this in Canada still? Maybe some local laws, or some provincial ones? Maybe there are some truancy laws and you just never hear of it? I read it and thought WTF? The laws the law, but it seems a bit harsh.

Honor student placed in jail for tardiness and truancy at school | khou.com Houston



My understanding is playing hookey is against the law in Canada. Assuming the student is a minor, I would suppose the parents/guardian can be held responsible.
 

TenPenny

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I believe Ontario and NB have laws requiring, at least in the case of NB, that anyone under 18 must attend school.

Excerpts from the Education Act, Revised Statutes of Ontario

1990, c. E.2


Section 30

Liability of parent or guardian


30. (1) A parent or guardian of a child of compulsory school age who neglects or refuses to cause the child to attend school is, unless the child is legally excused from attendance, guilty of an offence and on conviction is liable to a fine of not more than $200. R.S.O. 1990, c. E.2, s. 30 (1).

Bond for attendance

(2) The court may, in addition to or instead of imposing a fine, require a person convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $200 with one or more sureties as required, conditioned that the person shall cause the child to attend school as required by this Part, and upon breach of the condition the bond is forfeit to the Crown. R.S.O. 1990, c. E.2, s. 30 (2); 1997, c. 31, s. 12 (1).

Employment during school hours

(3) A person who employs during school hours a child who is required to attend school under section 21 is guilty of an offence and on conviction is liable to a fine of not more than $200.

Offences by corporations

(4) Subsections (1) and (3) apply with necessary modifications to a corporation and, in addition, every director and officer of the corporation who authorizes, permits or acquiesces in the contravention is guilty of an offence and on conviction is liable to the same penalty as the corporation. R.S.O. 1990, c. E.2, s. 30 (3, 4).

Habitually absent from school

(5) A child who is required by law to attend school and who refuses to attend or who is habitually absent from school is guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section. 1997, c. 31, s. 12 (2).

Proceedings under subs. (5)

(6) Proceedings in respect of offences under subsection (5) shall be proceeded with only in accordance with such subsection.

Reference to provincial counsellor for inquiry

(7) Where, in a proceeding under this section, it appears to the court that the child may have been excused from attendance at school under subsection 21 (2), the court may refer the matter to the Provincial School Attendance Counsellor who shall direct that an inquiry shall be made as provided in subsection 24 (2) which subsection shall apply with necessary modifications except that the Provincial School Attendance Counsellor shall, in lieu of making an order, submit a report to the court. R.S.O. 1990, c. E.2, s. 30 (6, 7).
 

WLDB

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Jun 24, 2011
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I believe Ontario and NB have laws requiring, at least in the case of NB, that anyone under 18 must attend school.



It was 16 when I was in school. Ive heard its moved up since then. Either way it was not enforced at any of the schools I attended. It was threatened once when I was in third grade but I imagine that was just a scare tactic as nothing happened.

 

karrie

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Jan 6, 2007
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The difference here is that truant children are treated as truant children, not as criminals. The US has a serious case of a ephebophobia though, and has begun jumping on any excuse to criminalize its youth and get them accustomed at a young age to put up with being searched, scanned, and arrested if they don't toe the line.
 

petros

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I just read this morning that Youth Court in Canada only has a 53% conviction average. We'd still have a problem anyway if we attempted the criminal route.
 

karrie

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I just read this morning that Youth Court in Canada only has a 53% conviction average. We'd still have a problem anyway if we attempted the criminal route.

I've only ever heard of truancy rules as they apply to 'child labour' and to parents anyway. We don't seem to discuss them in terms of convicting a kid, as much as we address them in terms of getting parents to, I don't know, parent.

And frankly, if you look at the OP, the parents are the ones who should be facing the courts, not the kid. You don't get to just pull up stakes and leave your kids.
 

petros

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Plenty of parents definetly need a swift kick in the ass but on the other hands the reasons for the truancy are more than likely poverty related.
 

karrie

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Plenty of parents definetly need a swift kick in the ass but on the other hands the reasons for the truancy are more than likely poverty related.

Yes.... kids tend to end up poor when their parents move away and leave them behind.