The question “Is it against the law to date a minor in Canada?” is deceptively simple. Many people assume that any romantic relationship involving a minor is illegal, while others mistakenly believe that consent alone determines legality. Neither assumption is correct.
Under Canadian law, dating a minor is not, by itself, a criminal offence. However, the moment a relationship involves sexual activity, the analysis changes completely. Canadian criminal law strictly regulates sexual conduct involving minors, and even seemingly minor misunderstandings about age, consent, or relationship dynamics can lead to serious criminal charges.
This article explains how Canadian age-of-consent laws actually work, why “dating” is legally different from sexual activity, how exceptions apply, and where people most often miscalculate their legal risk.
Canadian criminal law does not regulate relationships, emotions, or social interactions. There is no offence called “dating a minor.” This is intentional. Parliament chose to regulate conduct, not relationships, focusing specifically on sexual activity and exploitation.
As a result, two people of different ages may:
without committing a crime — provided the interaction remains non-sexual.
The legal risk arises because Canadian courts interpret “sexual activity” broadly. It is not limited to intercourse. Any touching, behaviour, or interaction carried out for a sexual purpose can fall within the scope of criminal offences.
This is why many people unintentionally cross the legal line: the transition from “dating” to “sexualized conduct” is not always obvious, but the legal consequences are severe once it occurs.
Section 150.1 of the Criminal Code sets the general age of consent at 16 years old. This means a person must be at least 16 to legally agree to sexual activity.
However, this is not an absolute rule. Parliament recognized that teenage relationships often involve peers close in age, and that not all age differences carry the same risk of exploitation.
Close-in-age exceptions are designed to prevent criminalizing consensual teenage relationships, not to legitimize large age gaps.
| Age of Minor | Permitted Partner | Key Limitation |
|---|---|---|
| 12–13 | Less than 2 years older | No authority, trust, or exploitation |
| 14–15 | Less than 5 years older | No authority, trust, or exploitation |
| 16–17 | Any age | Unless authority or exploitation exists |
These exceptions are strictly applied. If the age gap exceeds the permitted range by even a small margin, the exception disappears entirely.
Importantly, these are exceptions, not entitlements. The Crown does not need to prove exploitation if the age gap alone exceeds the statutory limit.
Canadian law provides enhanced protection for youth aged 16 and 17 when a power imbalance exists. In these situations, consent is legally invalid, and the age of consent effectively becomes 18.
Positions of authority or trust include:
The rationale is clear: consent is not meaningful where influence or dependency exists.
Courts look beyond job titles and examine the real dynamics of the relationship.
“In these cases, the law focuses less on age alone and more on whether one person had the ability to influence, control, or exploit the other.”
— Heather Spence, Criminal Defence Lawyer & Partner
Exploitation is not presumed — it is assessed through a contextual analysis. Courts consider:
Even relationships that appear mutual or affectionate can still be legally exploitative if these factors are present.
This is one of the most misunderstood areas of the law and a frequent source of criminal charges.
Age mistake is not automatically a defence in Canada.
An accused must show they took all reasonable steps to verify age. Courts expect active verification, not assumptions based solely on appearance, behaviour, or statements.
Failing to take such steps removes the defence entirely — even if the minor misrepresented their age.
Sexual activity involving minors may lead to charges under several Criminal Code provisions, depending on the conduct.
| Offence | Section | Core Conduct |
|---|---|---|
| Sexual assault | s. 271 | Sexual activity without valid consent |
| Sexual interference | s. 151 | Touching a person under 16 for a sexual purpose |
| Invitation to sexual touching | s. 152 | Encouraging sexual touching of a minor |
| Sexual exploitation | s. 153 | Sexual activity with 16–17-year-olds in authority relationships |
| Luring a child | s. 172.1 | Online communication for sexual purposes |
These offences do not require physical contact in every case — communication alone can be enough.
Age-of-consent offences carry some of the harshest penalties in Canadian criminal law, reflecting Parliament’s emphasis on protecting minors.
Consequences often include:
“Even where jail sentences are shorter, the collateral consequences — employment, travel, reputation — are often lifelong.”
— Jeff Mass, Criminal Defence Lawyer & Founding Partner
This may be legal only if the age gap is under five years and there is no exploitation. A small miscalculation can turn lawful conduct into a serious offence.
Consent is legally invalid due to authority, regardless of age.
Sexually suggestive communication alone may constitute luring, even without a meeting.
Age-of-consent offences are treated as public-interest crimes. Police and prosecutors are not bound by parental approval, reconciliation, or the minor’s wishes.
“Once police become involved, these cases rarely resolve informally. Early legal advice is essential to avoid irreversible consequences.”
— Robbie Tsang, Criminal Defence Lawyer & Managing Partner
If age is even potentially an issue:
Early guidance can prevent actions that permanently alter a person’s future.
Age-of-consent cases are complex, fact-driven, and unforgiving. The criminal defence lawyers at Mass Tsang have extensive experience defending clients facing allegations involving minors across the GTA.
If you are under investigation or charged, early strategic representation matters.
Contact Mass Tsang for a confidential consultation.
No. Dating a minor is not, by itself, a criminal offence in Canada. Criminal liability arises when a relationship involves sexual activity that violates age-of-consent laws.
The general age of consent to sexual activity in Canada is 16. However, exceptions and restrictions apply depending on age differences and the nature of the relationship.
Youth aged 12–13 may consent to sexual activity with someone less than two years older, and those aged 14–15 with someone less than five years older, provided there is no authority, trust, or exploitation.
The age of consent becomes 18 when the older person is in a position of trust, authority, dependency, or exploitation, such as a teacher, coach, or caregiver.
Canadian law interprets sexual activity broadly and may include sexual touching, sexualized kissing, or any conduct carried out for a sexual purpose.
Not automatically. An accused must show they took all reasonable steps to verify the minor’s age. Assumptions or reliance on appearance alone are not sufficient.
Charges may include sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, or child luring, depending on the conduct and relationship.
