As mentioned in my post above, my information applies to my home state of Maine. "According to Title 22, section 1555-B, it is illegal to buy or possess tobacco products if one is under 18 years of age."

So in answer to your question of what I would charge the kid with my answer would be "illegal possession of tobacco products by a person under 18".

I realize Maine law differs from Ontario law that's why it was stated as my feelings on the matter.