CLN4U – Civil Liberties Essay
“Teenage Curfew Bylaws”
by
Jordan Epstein
Law - CLN4U
Mrs. Jamal-Masri
October 26, 2004
Curfew bylaws within specific towns should not, by any means necessary, be implemented on a basis of one’s age. The teenage curfew bylaw, as passed by town council, violates the basic fundamental freedoms and equality rights of youth provided by the Canadian Charter of Rights and Freedoms. Though teenagers are still minors, and not legally considered adults, they are still citizens of Canada and are not exempt from being able to have their Charter rights violated.
Prohibiting a young person to be outside their home after a restricted time period is treating that person differently on a basis of age, rather then merit. This is a clear and blatant form of discrimination. Imposing specific time curfews on youth is an act of ageism, prejudice against young people. The Canadian Charter of Rights and Freedoms prohibits all types of discrimination, including ageism. The prohibition of discrimination is clearly outlined in Section 15. (1) of the Charter. It states that: “Every individual is equal before and under law and has the right to equal protection and equal benefit of the law without discrimination…based on…age.” As well, teenage curfew bylaws exclude youth and prevent them from participating in any sort of activity after a certain time because of their age. This form of discrimination is also prohibited and is outlined in Section 15. (2) of the Canadian Charter of Rights and Freedoms. It states that: “Subsection (1) does not [exclude] any program or activity that has as its object of [betterment] of conditions of disadvantaged individuals or groups that are disadvantaged because of…age.” In both subsection (1) and (2) of Section 15 of the Canadian Charter of Rights and Freedoms, discrimination based on age and the exclusion of an activity, such as being outside after a certain time, because of age is considered an incriminating offence. Imposing curfew only on youth directly violates the children’s chartered rights, and is therefore considered unconstitutional and prohibits its implementation.