This article on ‘Legal Rights of a student in Canada: All you need to know‘ was written by Shraddha Pandey, an intern at Legal Upanishad.
Introduction
There are various legal rights of students in Canada that sometimes a student is also unaware of it. As a student studying in a foreign country, one should know about the general and legal rights given to them. There are various legal rights of students in Canada. An international student is given as many rights as legal Canadian citizens. In this article, we will see what legal rights are given to international students, etc.
Legal rights of Students in Canada
International students are guaranteed the same privileges as Canadian residents and therefore are protected by the legislation. The Canadian Charter of Rights and Freedoms assures the liberty of movement to someone who lives in Canada, which includes one’s beneficiaries:
- Religion and conscience
- Considered, faith, personal view, and communication
- Serene gathering
- Alliance
Everybody in Canada is subject to Canadian law. It is based on 3 fundamental principles of British common law:
- Underneath the legislation, everybody is the same.
- An alleged individual is considered blameless until tried and convicted.
- Disregarding the law is not a reason to violate it.
As just a new entrant to Canada, one is completely protected by these laws. One must also follow Canadian regulations and laws, such as antidiscrimination. If one violates any kind of legislation in Canada, one may face prosecution and, in rare instances, deportation.
Rules differ from each province, then be cognizant once traveling outside of Ontario. In Ontario, for example, you must be 19 years old to buy or consume alcohol, whereas Quebec requires only 18 years old.
1- Right to privacy
Several Canadian organizations, businesses, and network operators have confidentiality guidelines in place. One will be subordinate to such policy initiatives and privacy rules even before you show up. Waterloo’s privacy notice prohibits anybody from sharing personal information regarding one without your authorization. For example, if one’s parents contact the college in search of details about one, the college will not be able to disclose any information except if you authorize its transfer.
2- Right to Freedom of religion
Waterloo and the greater community are home to diverse religious practices. In college, several multi-faith worship spots are available for one to utilize. Off-campus faith-based societies too are available. Priests in college can help you with spirituality as required. Contact them or come to the Priest’s Office on the third floor of the Student Life Centre (SLC).
Students who want to practice their religion may do so. Only those religions are respected in Canada, and religious persecution and bullying are illegal.
3- Right to Liberty of expression
Each person has the right to express, although if they diverge from one’s. Everybody in Canada does have the right to express their issues without fear of reprisal.
4- Right to Sexual orientation/gender interpretation liberty
One seems to be allowed to love or interact in sexual relations by consent with anyone one chooses in Canada. This appears to apply to all Canadians, regardless of sexual orientation, as to if heterosexual, bisexual, gay, lesbian, transgender, or queer.
Laws concerning alcohol and drugs
On Oct. 17, 2018, the national govt legalized pot marijuana for individuals over the age of 19. Gain knowledge about the Cannabis Act, such as the rules in Ontario and any other regions or regions one could attend. Momentary citizens naturalized citizens, and refugee applicants who commit distracted driving or other narcotic crime may well be found unenforceable to Canada for severe criminal activity, in addition to facing fines, felony prosecution, or jail time.
Just individuals nineteen or over are permitted to purchase and drink alcohol in Ontario. Prosecco shops, wine, and beverage shops, a few supermarkets, and Liquor Control Board of Ontario (LCBO) stores sell beer in Ontario. It isn’t sold in corner shops. If one buys liquor or participates in a public event in which liquor will be marketed or utilized, one must show proof that one is nineteen years old or older. One can legally drink by proving one’s driver’s license, identity card, or other govt photo id.
Tobacco legislation
To buy cigarettes in Ontario, one should be a minimum of nineteen years of age. Shops could request a photo id to verify one’s exact age. Smoking is strictly forbidden for most urban centers in all interior public locations, such as eateries, pubs, shopping centers, supermarkets, and office buildings. Violations of this legislation could indeed consequence in either a $500 or higher fine.
Automotive regulations
If one wishes to operate a vehicle in Canada, one must have an authorized driving license. If one has a driver’s license from one’s homeland, it will be valid in Canada for the initial three months since one arrives. One must hold a global driver’s license unless one’s driver’s license originates from a nation outside of the U. S.
When going to travel in an automobile in Canada, one should use a seat belt. Kids under the age of eight should also use a security chair. Motorists should make sure that all commuters under the age of 16 are wearing a safety belt or are using an appropriate alternative child seat or booster seat. Without a decent car seat (newborn seat, car seat, or child seat), one’s kid would be unsafe, as well as the vehicle’s driver may face a $90 fine, two penalty points, as well as a fine of up for violating the law. For the most recent regulations on baby car seats, go to the websites of Transport Canada and the Ontario Ministry of Transportation.
If one is found guilty of such a traffic violation, one will receive penalty points on one’s driving license. Penalty points can raise your auto insurance rates and remain on one’s documentation for two years from the day of the offense committed. Unless one accumulates too many pts, your driver’s license may well be rescinded.
Points to Remember
- It is prohibited to transport accessible alcohol (vials of alcoholic drinks with the top off or wrap damaged) in a car.
- Having a drink from outside licensed regions, bars, or pubs (for example, upon that road) is not permitted. Avoid going out in general populace with accessible alcohol. If one is apprehended doing that, one may well be penalized or taken into custody. Similarly, if you purchase beer from the bar, maintain it in an unsealed bag to prevent of been penalized.
- Anyone under the age of 19 should be served alcohol.
- Need not drive after drinking alcohol or marijuana.
- And do not be unorganized in institutions that sell drinks.
- If one is asked to take a breathalyzer, work cooperatively with officers (a test that measures the amount of alcohol in your blood).
- The sale and utilization of unlawful drugs are banned in Canada
Conclusion
These are the general and legal rights of students in Canada. A student studying in Canada should be aware of his rights he should be cooperative with the authorities and should avoid getting in any trouble. They should respect the follow the country’s rules and regulations.
References
- “Legal system”, International Student Guide, available at: https://uwaterloo.ca/international-student-guide/resources/prepare/legal-system
- Richard Townsend, “Student Rights”, The Canadian Encyclopedia, 8 January 2012, available at: https://www.thecanadianencyclopedia.ca/en/article/student-rights