Is it a Crime to Date a Minor in Canada?

Dating a minor is not automatically a crime in Canada. Canadian criminal law does not police dating itself. It polices sexual activity with someone who is under the legal age of consent, or who cannot legally consent in the circumstances. So a relationship can be lawful on its face, then become a criminal offence the moment it turns sexual or involves exploitation or a power imbalance.

This article explains Canada’s age of consent laws, close-in-age exceptions, situations where consent cannot be given, and the criminal charges that apply when someone violates these rules. Understanding these laws can help prevent serious criminal charges, protect young people from exploitation, and clarify what behaviour crosses into illegal territory.

Key takeaways:

• The age of consent is 16. This is the general rule across Canada.
• Romeo and Juliet exceptions allow 12 to 15-year-olds to consent to partners who are close in age (less than 2 or 5 years older, depending on the age).
• A 16 or 17-year-old cannot consent if the older partner holds a position of trust, authority, or dependency (like a teacher or coach).
• No one under 18 can consent to sexual activity involving prostitution or pornography.

The age combination reference at a glance:

What is a Minor in Canada?

It is helpful to distinguish between civil status and criminal law. A minor is anyone under the age of majority (18 or 19, depending on the province). This status dictates when you can sign contracts, buy alcohol, etc.

However, the age of consent laws for sexual activity is set by federal criminal law. This means a person can be a minor for civil purposes (e.g., 17 years old) but still be legally capable of consenting to sex.

Age of Majority in Different Provinces

Six provinces set the age of majority at 18, while seven set it at 19:

Age of Majority vs Age of Consent

The age of majority governs civil rights, like entering into contracts and managing property, while the age of consent governs when someone can legally agree to sexual activity. These two concepts serve different purposes under different laws.​​

Someone might reach the age of majority at 18 in Ontario, but could legally consent to sexual activity at 16 under federal criminal law.

Dating vs. Sexual Activity

As mentioned above, Canadian criminal law does not criminalize dating itself. The Criminal Code addresses sexual activity, not romantic relationships. Two people of any age can date, spend time together, hold hands, or develop emotional connections without facing criminal charges.

What is Legal (Dating)

A 19-year-old and a 15-year-old can attend school events together, communicate through text messages, go for walks, or meet for coffee. Parents might object to such relationships, but no criminal law prohibits these non-sexual interactions. Schools and parents can set their own rules about appropriate relationships and dating, but those rules differ from criminal law.​

What May Be Illegal (Sexual Activity)

Once physical contact or dating crosses into sexual territory, age of consent laws apply. For purposes of this distinction, sexual activity includes kissing, fondling, touching for sexual purposes, and sexual intercourse. If one person falls below the legal age threshold and no exception applies, criminal charges can follow.​​

Canadian criminal law focuses on sexual contact and sexual purpose, and context can matter. Where there is any sexualized touching, and the younger person is below the legal age (and no close-in-age exception applies), charges may follow.​​

Why This Distinction Matters

Police and prosecutors focus on sexual contact, not emotional relationships. Someone accused of dating a minor will face charges only if evidence shows sexual activity occurred. This distinction shapes how these cases get investigated and prosecuted.​​

Defence lawyers use this distinction when representing clients.

If no sexual activity occurred, no crime exists under age of consent laws. Clarifying what happened prevents wrongful convictions and protects people from charges that don’t match the facts.

What is the Age of Consent in Canada?

Canada sets the baseline age of consent at 16 years. This federal standard applies across all provinces. Generally, anyone 16 or older can legally consent to sexual activity, subject to specific exceptions for exploitation. Parliament raised this threshold from 14 to 16 in 2008 to protect youth, acknowledging that teenagers often lack the maturity to make fully informed decisions with adults.

The Criminal Code sets a legal minimum, not a standard for healthy relationships. While a 16-year-old can legally consent, this does not mean the relationship is equal or free from manipulation.

Close-in-Age Exceptions (Peer Group Exceptions)

Canadian law recognizes that teenagers close in age might engage in consensual sexual activity without the exploitation concerns that arise when adults have sex with much younger people. These exceptions, sometimes called Romeo and Juliet laws, prevent criminal charges when both parties are close in age.​

These exceptions apply only when no relationship of trust, authority, dependency, or exploitation exists. If any of those factors are present, the exceptions do not apply, and sexual activity becomes criminal. The following table summarizes close-in-age exceptions:

When the Age of Consent Increases to 18

Three situations raise the age of consent from 16 to 18 years. In these circumstances, a 16 or 17-year-old cannot legally consent to sexual activity. Sexual activity in these situations constitutes a criminal offence regardless of apparent consent.​​

1. Positions of Trust, Authority, or Dependency

A 16 or 17-year-old cannot consent to sexual activity with someone who holds a position of trust or authority over them or with whom they have a dependency relationship. Section 153 of the Criminal Code criminalizes sexual activity in these circumstances. ​Common examples include:

• Teachers and School Staff: This applies regardless of who initiates the contact.
• Coaches and Mentors: The dependency on a coach for career advancement creates an imbalance.
• Employers: Managers cannot date teenage employees if they control their schedules or pay.
• Family Figures: This includes step-parents, foster parents, or older relatives.

2. Exploitation and Abuse of Power

Courts consider whether a relationship exploits a young person even outside formal authority relationships. A 16 or 17-year-old cannot legally consent if the relationship is exploitative.​​

Factors courts examine include:

• The young person’s age;
• The age difference between partners;
• How the relationship developed; and
• Whether the older partner controlled or influenced the young person.

A relationship that developed quickly, secretly, or primarily online raises exploitation concerns.​​

A 40-year-old pursuing a 16-year-old might face exploitation allegations even without a formal authority relationship. Courts examine whether the age gap and power imbalance created an exploitative dynamic.

3. Prostitution and Pornography

A 16 or 17-year-old cannot consent to sexual activity involving prostitution. Section 286.1(2) makes it a criminal offence to obtain sexual services from anyone under 18. This applies even if the young person appears to consent.​​

A 16 or 17-year-old cannot consent to sexual activity involving pornography. Moreover, creating, distributing, or possessing pornographic material depicting anyone under 18 violates Section 163.1 of the Criminal Code. Additionally, taking nude photos of a 16 or 17-year-old, even with apparent consent, constitutes child pornography.​​

These provisions recognize that young people need protection from sexual exploitation through commercial transactions and pornography. The law treats anyone under 18 as unable to consent to these activities, regardless of the general age of consent rules.

The “Reasonable Steps” Defence (Mistaken Age)

In certain offences, an accused may argue mistaken belief about age, but only if they took all reasonable steps to ascertain age, as required by the Criminal Code.

The defence applies only when the accused took active steps to learn the person’s age. Passive assumptions or wishful thinking do not qualify. Courts examine the steps taken and whether these steps were objectively reasonable given the circumstances.​

What “Reasonable Steps” Includes

Taking concrete steps to verify a partner’s age builds a legal defence:

• Request identification: Asking for government-issued identification is the most reliable method. A driver’s licence, passport, or health card offers objective proof of a date of birth and shows you made a serious effort to verify the facts.

• Ask direct questions: Verbal inquiries about age also support the defence. If the person provides details about their school year, job, or living situation that align with the legal age, this adds credibility to your claim.

• Combine verification methods: Using multiple checks creates the strongest case. You reduce legal risk when you ask for age, examine ID, and observe if the person gains entry to age-restricted venues.

What “Reasonable Steps” Does Not Include

Courts strictly define what fails the “reasonable steps” test. You cannot rely on passive assumptions or context clues to protect yourself from criminal liability.

• Physical appearance: You can’t assume a partner is an adult just because they look like one. Many teenagers appear older than their actual age.
• Venue context: Meeting at an adults-only venue, such as a bar, is not proof of age. Minors frequently access these spaces using fake identification.
• Unverified statements: You cannot simply accept a partner’s word. Believing they are 18 without asking for proof or further details is not reasonable.
• Total inaction: If you never asked about age or requested identification, you cannot use this defence.

Criminal Code Offences Related to Dating a Minor

Several sections of the Criminal Code criminalize sexual activity with minors. Each offence targets different conduct and carries different penalties. Understanding these charges can help you recognize how serious these offences are.​​

Sexual Interference (s. 151)

Sexual interference involves touching a person under 16 for a sexual purpose (Section 151, Canadian Criminal Code). This includes direct or indirect contact, even over clothing. The accused’s age is irrelevant unless a specific close-in-age exception applies. For instance, a 25-year-old touching a 14-year-old commits this offence with no defence available, whereas a 20-year-old might qualify for an exception.

Penalties are severe. Indictable convictions carry a maximum of 14 years in prison and a one-year mandatory minimum. Summary convictions carry a maximum of two years less a day and a 90-day minimum.

Invitation to Sexual Touching (s. 152)

This offence occurs when someone invites, counsels, or incites a person under 16 to touch any person’s body for a sexual purpose (Section 152, Canadian Criminal Code). A person under 16 can be invited to touch the accused, themselves, or a third party.​ For example, an adult asking a 15-year-old to send nude photos showing them touching themselves commits invitation to sexual touching. The request itself, even without any actual touching, completes the offence.​

The invitation can be verbal, written, or communicated through gestures or technology. Sending messages asking a child under 16 to touch themselves sexually and send photos would constitute this offence.​

Penalties mirror Section 151: up to 14 years by indictment with a one-year mandatory minimum, or up to two years less a day summarily with a 90-day mandatory minimum.

Sexual Exploitation (s. 153)

Sexual exploitation applies when someone in a position of trust, authority, dependency, or an exploitative relationship with a 16 or 17-year-old engages in sexual touching or invites sexual touching (Section 153, Canadian Criminal Code). This offence covers the situations where the age of consent increases to 18.​ An example of this is where a high school teacher engages in sexual activity with a 17-year-old student and therefore commits sexual exploitation. The teacher-student relationship establishes trust and authority, making consent legally impossible.​​

The offence requires proving both the special relationship and the sexual conduct. Courts examine factors like the nature of the relationship, power imbalance, and whether exploitation occurred.​

Penalties include up to 14 years’ imprisonment by indictment, with a one-year mandatory minimum, or up to two years less a day summarily, with a 90-day mandatory minimum.

Luring a Child (s. 172.1)

Child luring occurs when someone uses the internet or text messaging to communicate with a person under 16 or someone they believe is under 16 to facilitate a sexual offence (Section 172.1 of the Canadian Criminal Code). The crime is the communication itself. No physical meeting or contact is required.

Courts treat this as predatory behaviour. Indictable convictions carry a maximum sentence of 14 years, while summary convictions are determined on a case-by-case basis since the Supreme Court of Canada has held the mandatory minimums for child luring unconstitutional. For example, if a 30-year-old messages a user they think is 14 to suggest sexual activity, the offence is complete immediately.

Related Criminal Code Offences

Several other Criminal Code sections address specific types of sexual offences involving minors. These provisions target particularly harmful conduct that exploits or abuses young people:

• Incest (s. 155): Incest involves sexual intercourse with a known parent, child, sibling, grandparent, or grandchild by blood, marriage, or adoption. The age of participants is irrelevant. This offence carries a maximum sentence of 14 years in prison.

• Child Pornography (s. 163.1): This offence covers making, possessing, or distributing materials depicting a person under 18 in a sexual context. This includes taking or saving nude photos of a 16-year-old partner, even if they consented to the photo. Maximum penalties range from 10 to 14 years in prison. The law strictly prohibits any sexual recording or depiction of minors.

• Child Prostitution (ss. 286.1, 286.2, 286.3): It is a crime to buy sexual services from anyone under 18, profit from their services, or recruit them. These laws aim to stop the commercial sexual exploitation of youth. Offenders face maximum sentences of 10 to 14 years’ imprisonment. This applies to anyone who pays for sex or facilitates a transaction involving a minor.

• Child Sex Tourism (ss. 7(4.1) and 7(4.3)): Canadian authorities can prosecute citizens and permanent residents who travel abroad to engage in sexual activity with minors. If the act would be illegal in Canada, you can face charges here upon your return. This extends Canadian law globally to prevent offenders from exploiting children in countries with weaker enforcement or different age of consent laws.

Special Circumstances and Exceptions

Canadian law includes some specific provisions that address unique situations or historical legal issues related to the age of consent and sexual activity with minors.

Anal Intercourse

Section 159 (repealed) historically set the age of consent for anal intercourse at 18, higher than the general age of consent. Courts struck down this provision as unconstitutional discrimination. It no longer applies, and anal intercourse follows the same age of consent rules as other sexual activity.​

Marriage and Age of Consent

Marriage no longer affects the age of consent for 14 and 15-year-olds. Before 2008, married 14 and 15-year-olds could consent to sexual activity with their spouses. Current law eliminated this exception.​

Provincial marriage laws set minimum ages for marriage, typically 16 or 18, with parental consent requirements for minors. Marriage to someone under 16 is generally not permitted in any province.​

Penalties and Consequences

Sexual offences against minors carry severe penalties that extend far beyond imprisonment. Anyone convicted faces long-term consequences affecting employment, housing, travel, and personal relationships.

Criminal Charges and Sentencing

Some offences include mandatory minimum penalties, but mandatory minimums have been challenged and struck down in certain contexts. Sentencing depends on the offence charged, the Crown’s election (summary or indictable where available), and the facts proven in court. Maximum penalties for several child-specific sexual offences reach 14 years.​​

Factors affecting sentencing include the victim’s age, the extent of the harm caused, breach of trust, use of violence or threats, the accused’s criminal record, and whether the accused showed remorse. Courts examine aggravating and mitigating factors when determining appropriate sentences within statutory ranges.​

Sex Offender Registry (NSOR)

Anyone convicted of a sexual offence must register with the National Sex Offender Registry (NSOR). Registration periods range from 10 years to life, depending on the offence and sentencing. Registrants must report to police annually and notify authorities of address changes, travel plans, and other information.​

Failing to comply with registry requirements constitutes a separate criminal offence. The registry aims to help police monitor convicted sex offenders and investigate future sex crimes.​

Criminal Record and Long-Term Consequences

A criminal record for a sex offence creates barriers to employment. Many employers conduct background checks and will not hire people with sex offence convictions. Positions involving work with children, vulnerable people, or positions of trust become impossible to obtain.​

Travel restrictions affect people with sex offence convictions. The United States bars entry to people convicted of sex offences involving minors. Other countries impose similar restrictions. International travel becomes difficult or impossible.​

Housing challenges arise because landlords often screen tenants. People with sex offence convictions may face rejection from rental applications. Some municipalities restrict where sex offenders can live, particularly near schools or parks.​

What You Should Know If Accused

Anyone accused of a sexual offence involving a minor faces serious legal jeopardy. Understanding your rights and legal options is necessary to mount an effective defence.

Your Rights

You have the right to remain silent. Anything you say to the police can be used as evidence. Speaking to police without legal advice often harms the defence.​

The right to counsel means that if you are arrested or detained, you can speak with a lawyer immediately. Police must stop questioning you once you ask for a lawyer. This right protects you from making damaging statements before fully understanding your legal situation.​

The presumption of innocence means the Crown must prove guilt beyond a reasonable doubt. Accused persons do not need to prove their innocence. This fundamental protection requires the prosecution to establish each element of the offence with clear and convincing evidence.​

Importance of Legal Representation

Sexual offence charges require experienced criminal defence lawyers. These cases involve complex evidence, witness credibility issues, and legal defences that require expertise to present properly. Self-representation almost never succeeds in serious criminal cases.​

Lawyers analyse evidence to identify weaknesses in the Crown’s case. They challenge police procedures, question witnesses, and present alternative interpretations of facts. Early involvement of a lawyer improves outcomes by preventing mistakes that damage the defence.​

Common Defence Strategies

Mistaken identity defences challenge whether you were actually the person who committed the alleged offence. For example, in online cases, lawyers may argue that someone else used the accused’s computer or account.​

Reasonable steps defences apply when the accused took concrete action to verify the complainant’s age. This defence requires evidence of what steps were taken.​​

Consent defences apply when close-in-age exceptions might apply. Lawyers establish the ages of both parties and argue that the relationship falls within permitted age gaps.​​

Challenging witness credibility focuses on inconsistencies in the complainant’s statements, motivation to lie, or problems with their testimony. Courts carefully scrutinize witness evidence in sexual offence cases.​

Next Steps

Contact a criminal defence lawyer immediately after learning about allegations or charges. Early legal advice protects rights and prevents self-incriminating statements.​

Do not contact the complainant or witnesses. Any contact can be interpreted as witness tampering or intimidation, creating new charges. All communication should go through lawyers.​

Preserve all evidence that might support the defence. Text messages, emails, social media communications, and other records can establish timelines, prove age, or demonstrate the nature of the relationship.​

Follow all bail conditions strictly. Violating bail conditions while charges are pending creates new criminal liability and jeopardizes release.​

Frequently Asked Questions