Key Takeaways
- Dating a minor is not automatically illegal, but sexual activity with someone under the legal age of consent can lead to criminal charges.
- The age of consent in Canada is 16, with close-in-age exceptions for teens aged 12–15.
- If a person is in a position of trust or authority, even a legal-age relationship can be deemed exploitative.
- Offences like sexual interference or exploitation can result in jail time and a sex offender record.
- Legal guidance is essential if you’re accused of an offence involving a minor.
Table of Contents
- What is a Minor in Canada?
- The Difference Between Dating and Sexual Activity
- What is the Age of Consent in Canada?
- When a Relationship Can Become a Criminal Offence
- Legal Consequences for Dating a Minor in Canada
- Conclusion
- Frequently Asked Questions
It’s virtually impossible to overstate how critical it is to be cognizant of age gaps in relationships. And it’s even more vital when young people are involved. Why? Based on the situation, dating a minor can be deemed illegal per Canadian law, and if you’re found guilty of an offence, you could end up dealing with very steep consequences.
If you’re not well-versed in this area of law, chances are you’ve got questions like:
- What age is a minor in Canada?
- Is it illegal to date a minor?
- What constitutes statutory rape in Canada?
We have the answers you’re looking for. Read on as we define what a minor is, explain the difference between dating and sexual activity under the law, share the age of consent, go over the penalties for dating a minor, and more.
What is a Minor in Canada?
The definition of a minor in Canada is “anyone who is under the age of majority.” This meaning varies from province to province. For example, in Alberta, it’s 18, and in British Columbia, it’s 19. However, when we look at dating legalities, what’s important is the Canadian age of consent, which we’ll cover in detail as we move forward.
The Difference Between Dating and Sexual Activity
Just because you date someone the law considers to be a minor, it doesn’t necessarily mean you’re on your way to jail. Most of the things that happen while dating are not regulated or punished based on age:
- Chatting
- Communicating via text
- Going out on dates
- Expressing love.
The buck stops with sexual activity. Crossing that line with a minor could be punishable by law; it all hinges on both of your ages and certain relationship dynamics.
What is the Age of Consent in Canada?
Anyone in an age-gap relationship should know that sexual activity without consent in Canada is considered a criminal offence. And it doesn’t matter how old each party is.
On top of that, not everyone can give consent. There’s an age minimum in place, as young minds simply don’t have the capacity and decision-making capabilities to give sexual consent. The Criminal Code of Canada, Section 150.1(1), says that the legal age of consent in Canada is 16. So, if someone hasn’t yet reached 16, they can’t legally consent to any kind of sexual activity. And anyone accused of a sexual offence with them cannot defend themselves by stating that the minor provided consent.
As stated by the Department of Justice Canada, “The age of consent to sexual activity in Canada is 16 years. The law recognizes that young people can be particularly vulnerable to sexual exploitation, especially by persons in positions of trust or authority.”
When a Relationship Can Become a Criminal Offence
Sometimes, there will be relationships between minors and older individuals who are near the same age. Close-in-age exceptions apply in these cases (you can find them in Criminal Code Section 150.1 (2-6)):
- 12 or 13 years old. When the alleged victim is 12 or 13 years old, the accused can claim consent if they’re less than 2 years older than the victim AND they aren’t in a position of authority or trust.
- 14 or 15 years old. When the alleged victim is 14 or 15 years old, the accused is only able to claim consent if they’re less than 5 years older than the victim AND not in a position of authority or trust.
- When married. In cases where the alleged victim is 14 or 15, the accused can claim consent as a defence if the two are married.
- Mistaken age. The accused could claim a defence if they mistook the alleged victim for being 16, ONLY IF the accused took reasonable steps to confirm the victim’s age.
Read more about these exceptions (and more) in the Criminal Code of Canada.
| Age of Minor | Age of Older Person | Legal If… |
|---|---|---|
| 12–13 | Less than 2 years older | No authority, trust, or dependency involved |
| 14–15 | Less than 5 years older | Same condition as above, or legally married |
| Under 16 | Anyone | Illegal if outside exception rules |
| 16+ | Any age | Legal, unless exploitation/trust/authority present |
A relationship becomes exploitative when the accused is in a position of trust, authority, or dependency, like a teacher, coach, or guardian. Given the influence people in these positions have, it can be harder for a minor to deny consent and easier to manipulate the child into compromising sexual situations.
Legal Consequences for Dating a Minor in Canada
So, what legal repercussions can someone expect when dating a minor in Canada? First and foremost, they might be accused of a child sexual offence, like:
- Sexual interference
- Statutory rape
- Sexual exploitation
- Child prostitution
- Child pornography
Every crime comes with a unique set of legal consequences, running the gamut from criminal charges to the creation of a sexual offence record and even jail or prison time.
Some offences, like child pornography, carry extreme penalties of up to 14 years in prison. Talk to a Toronto child pornography lawyer for advice if you’re accused of this type of offence.
Conclusion
When you date a minor, you may open the door to a myriad of legal issues, especially when sexual activity is part of the equation. If you find yourself on the receiving end of accusations or charges associated with dating a minor, you need the best sexual assault lawyers you can possibly find. Whether you need a law firm in Barrie, Toronto, Vaughan, Mississauga, or the GTA, Vilkhov Law Firm is standing by to help. We’ll:
- Explain pertinent laws
- Deliver sound legal advice
- Build a winning defence from the bottom up
Book a no-cost consultation with one of our legal professionals today!
Frequently Asked Questions: Is Dating a Minor Illegal in Canada?
What is the age of consent in Ontario?
The Ontario age of consent is 16. So, we can also infer that the Toronto age of consent is 16 as well.
Can a 21-year-old date a 17-year-old in Canada?
Since the adult age in Canada (age of consent) is 16, a 17-year-old is old enough to legally consent to a relationship with a 21-year-old. Still, if the pair has made sexual contact and the following apply, the older party could be on the hook for sexual exploitation:
- The younger person is dependent on the older one.
- The older person has authority over the younger one.
- The relationship is exploitative in nature.
What is considered a minor in Canada?
A minor is someone under the age of majority — typically 18 or 19 depending on the province. For legal sexual consent, the key age is 16.
Is it illegal for a 19-year-old to date a 15-year-old in Canada?
Dating isn’t illegal, but sexual activity would be unless the close-in-age exemption (within 5 years and no power imbalance) applies.
Can someone under 16 legally consent to sex in Canada?
No. Anyone under 16 is not legally capable of giving consent, except under close-in-age exemptions.
What if I didn’t know the person was underage?
A defence based on mistaken age may apply only if the accused took reasonable steps to confirm the age.
Does the age of consent change if you’re in a position of authority?
Yes. If you’re in a position of trust, authority, or dependency, the age of consent becomes 18.
What are the legal consequences of breaking these laws?
Consequences include criminal charges, a record as a sexual offender, imprisonment, and long-term damage to personal and professional life.
