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I live in Ontario, Canada, and I'm still confused about something that happened to me in kindergarten.

It was my birthday, and I was given a gift by the office and told to put it in my bag. (So, I would assume that this toy is now mine, right?) Being the dumb child I was, I decided to keep it on me so that I could play with it during naptime, so I wouldn't get so bored.

Anyway, my teacher saw me, and she took away said toy. I assumed she'd give it back after. She didn't. Weeks later, I saw her give it to another student for being good.

For context, I'm not looking to get the teacher in trouble, ha ha. Just confused, and wondering what in the world happened. But is this legal? Can teachers give the student's confiscated personal items to another student as a prize, or did she do that because the school gave it to me? Thanks.

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    Are we to assume the teacher knew it was a gift to you from the office, and not one of the kindergarten's toys?
    – user35069
    Mar 18, 2023 at 1:37
  • Yeah, she saw me with it and acknowledged it.
    – Thunder
    Mar 21, 2023 at 11:55

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Children have the same rights to property as everyone else in Canada. Here is one take on Canadian property rights. By act of parliament the Canadian Bill of Rights declares that

there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely, (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law...

Age is not precluded as a basis for discrimination. The Canadian government ratified The Convention on the Rights of the Child, with two exceptions (related to customary care among Aboriginal peoples and incarceration). However the CRC does not assert that children have property rights, nor does this summary of children and the law in Canada assert anything about children having a right to not be deprived of their property except by due process of law. I expect that Jen will know more about where there is such a right asserted in Canadian law.

Moving somewhat to the south, children do have property rights. In that country, a school would have the right to seize a child's property for disciplinary reasons, but could not keep it indefinitely and could not give it to someone else (other than the child's parent or guardian).

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  • Thank you! I guess she shouldn’t have given it to someone else then, no matter how small the object is. I was just curious.
    – Thunder
    Mar 21, 2023 at 11:56

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