Whether parents can be held liable for online misconduct by their children depends on several factors, including whether the matter is addressed under civil or criminal law, and whether the child is considered a minor under Canadian law. Minors typically refer to individuals under the age of 18.
Civil Liability Parents in Canada may be sued in civil court for the actions of their minor children, including online crimes such as cyberbullying or defamation, online fraud or identity theft, unauthorized use of credit cards, and illegal file sharing or copyright infringement.
Under provincial laws – such as Ontario’s Parental Responsibility Act – parents may be presumed liable for damages caused by their children, unless they can prove that they exercised reasonable supervision and made reasonable efforts to prevent the behaviour.
Criminal Liability In general, parents are not criminally liable for crimes committed by their children unless they directly participated in, encouraged the offence, or were criminally negligent. However, criminal negligence is rare and difficult to prove.
Depending on the age of the child, they may be charged under the Youth Criminal Justice Act (YCJA), which governs how young people – typically those aged 12 to 17 – are dealt with in the justice system.
Common Online Offenses Under Canadian law, some common online offences include:
· Cyberbullying – including harassment (s. 264, Criminal Code), uttering threats (s. 264.1), and sharing intimate images without consent (s. 162.1)
· Fraud – such as online scams or unauthorized transactions (s. 380)
· Hacking or unauthorized use of computers (s. 342.1)
· Hate speech or inciting violence online – promoting hatred against identifiable groups (s. 319) or advocating genocide (s. 318)
If the child is involved in any of these and a victim suffers damages, the parent may also be drawn into civil proceedings.
How Can Parents Protect Themselves?
Parents can protect themselves from becoming liable for crimes their child commits online by taking the following precautions:
· Monitoring their child’s internet use;
· Educating their child about online ethics and laws;
· Using parental control software;
· Responding promptly to complaints or warnings;
· Documenting any efforts they make to supervise or intervene.
If you need a criminal defence lawyer, we’re here to help. Call us at (905) 541-2228 or fill out a form for a free consultation.
