- Protection of persons of full age
- Tutorship to the property of a minor
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- Minor child
Minor child
In legal terms, the minor child is regarded as incapacitated. Until they reach the age of 18 or are emancipated, they remain under the protection of their mother and father, whether the parents are together or separated, or of one or more dative tutors.
Gradually becoming autonomous
A minor child does not remain totally incapacitated until they reach full age. Depending on their age, degree of discernment and maturity, they may be able to use their work income (e.g. earnings from delivering newspapers) for their everyday expenses.
Two ages are key in the child's acquisition of greater autonomy.
Age 14
The tutor now has to report to the child on the administration of their property. In addition, the minor may now accomplish certain acts in connection with their job, profession or craft.
Examples
- Signing a contract
- Buying a musical instrument
- Renting a workshop, etc.
Age 16
The minor may now get married with their tutor's authorization or apply for emancipation on their own.
Protection of the child and the law
In Québec and Canada, protection of the child is structured by various laws. The main pieces of legislation involved are:
- Civil Code of Québec, a key law setting out the guidelines for tutorship of the minor and the exercise of their rights, protection of the person, consent to care and administration of their property, the responsibilities and obligations of the parents (legal tutors) or dative tutor, and the withdrawal (deprivation) of parental authority;
-
Youth Protection Act, covering the protection of children whose safety and development is compromised by the people looking after them;
- Canadian Charter of Rights and Freedoms, Québec Charter of Human Rights and Freedoms, in which many clauses deal with exercise of the child's rights;
- Act respecting access to documents held by public bodies and the protection of personal information;
- Act Respecting the Protection of Personal Information in the Private Sector;
- Code of Civil Procedure, covering hearings concerning the child and representation of the child in court
- Youth Criminal Justice Act, concerning children aged 12 or older brought to trial for an offence under the Criminal Code, a law or a federal regulation.
