Corporal Discipline Tag

04 Apr 2017 Bill S-206: The Bill to Ban Spanking

Bill S-206, “An Act to amend the Criminal Code (protection of children against standard child-rearing violence)”, will, if passed, remove a provision of the Criminal Code (section 43) that permits parents to use limited, minor physical force for disciplinary purposes. Section 43 states: “a parent is justified in using force by way of correction toward a… child… if the force does not exceed what is reasonable in the circumstances.” This section – as interpreted by the Supreme Court of Canada (at paragraphs 23-25, 37 of their judgment) – only permits disciplinary force that...

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19 Jan 2016 Will spanking become illegal?

Canadian Children: Whose Responsibility?In response to the Truth and Reconciliation Commission Report, the Trudeau Government has announced it plans to implement all of its recommendations, including the complete removal of section 43 of the Criminal Code – which provides allowances for corporal discipline for teachers and parents. Definitions:Corporal discipline is the use of reasonable, non-injurious physical force with the intention and purpose of correction or control of a child’s behavior. Guidelines:Canada’s Supreme Court (SCC) laid out very clear guidelines for corporal discipline in 2004: Force must be sober and reasoned, address actual behaviour, and be intended to restrain, control, or express symbolic disapproval The child must have the capacity to understand and benefit from the correction, not being under 2 years of age Force must be transitory and trifling, must not harm or degrade the child and must not be based on the gravity of the wrongdoing Force may not be administered to teenagers Force may not involve objects such as rulers or belts Force may not be applied to the head
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13 May 2015 ARPA in Vancouver Sun: Time and Place for Spanking

By Mark Penninga, Vancouver Sun, May 12 2015: Vancouver-Quadra Member of Parliament Joyce Murray stood in the House of Commons this month to condemn spanking. "Shockingly, section 43 of the Canadian Criminal Code still permits this cruel form of punishment, an archaic flaw in our legal system to say the least," she sais. Murray proceeded to call on all MPs to ban physical punishment of children. Canadian Parliamentarians have unsuccessfully introduced since 1997 eight private member's bills to fully ban corporal punishment, also known as physical discipline or spanking. A case challenging the legality of physical discipline went to the Supreme Court of Canada. The majority of Canada's highest court ruled in 2004 the law Murray decries is constitutional. Chief Justice McLachlin, writing for the majority, took the opportunity to clarify what is and is not appropriate. Physical discipline may only be used for children between the ages of two and 12. It can't include objects, or be directed at the head. Physical discipline must be sober and reasoned and address behaviour. However, these restrictions aren't enough for Murray and many others. Given that about half of Canadian parents use physical discipline, this argument is not a minor or hypothetical matter. There are two key questions: is physical discipline really harmful or abusive, and who is the best situated to determine whether it is an acceptable form of discipline, the State or the parent?
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04 Apr 2013 New Policy Report: Spanking

Update: Click here for an EasyMail letter that lets you contact your MP about this bill quickly and personally. Our latest issue of Respectfully Submitted is on its way to all MPs and Senators and tackles the sensitive subject of corporal discipline, more commonly referred to as spanking. We strongly encourage you to give it a read (click on attachment below for the clean PDF) and ask your MP what they thought of it. Our donors will be receiving a copy in the mail soon and others will be able to pick up a copy at future ARPA events.     Respectfully Submitted - Corporal Discipline - April 2013 Since 1997, Members of Parliament have introduced no fewer than eight private member’s bills to fully ban corporal punishment, also known as physical discipline, smacking, or spanking. Currently, Bill S-214, introduced by Senator Céline Hervieux-Payette, awaits second reading in the Senate. Her previous effort in 2008 passed through the Senate but died when an election was called. And it’s not just Parliamentarians. A 2012 editorial in the Canadian Medical Association Journal make the same case: “It is time for Canada to remove this anachronistic excuse for poor parenting from the statute book.” In 2004, a case proceeded all the way to the Supreme Court of Canada. This case challenged section 43 of the Criminal Code, which allows parents to use corporal discipline as a defence to a criminal charge of assault, on constitutional grounds. The majority of the Court ruled that the defence is valid and the law is constitutional, but they also took the opportunity to clarify what is and is not appropriate when it comes to spanking (see Chart 1).
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04 Sep 2012 Ban Spanking – Canadian Medical Association Journal

ARPA Note: This fall we plan to release the next issue of our Respectfully Submitted policy report on the topic of liberty and freedom. The issue after this is devoted to spanking and corporal punishment, in light of the growing pressure to ban it (see below). Combined, these reports directly and indrectly will explain why parents, not the civil government, must have the authority and means to raise their children, as long as the authority is not abused.   Globe and Mail, September 4, 2012: Canada’s most prestigious medical journal...

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14 Sep 2011 New trial for dad who spanked son

QMI Agency, Sept 14 2011: A father convicted of assault after he spanked his six-year-old son has been granted a new trial by the New Brunswick Court of Appeal.  In August 2009, the family was driving from Durham Bridge, N.B., to a museum in Fredericton, when the father -- not identified -- spanked his son for misbehaving.  Keep reading...

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08 Feb 2010 Judge increases sentence for man who bruised son in spanking

National Post, Feb 4 2010: A judge in New Brunswick has overturned a lower court's decision to sentence a man to probation for spanking his son hard enough to bruise the boy. Court of Queen's Bench Justice Paulette Garnett, in a written decision issued on Monday, sentenced a Fredericton man to 45 days in jail for a May 2008 assault on his then-six-year-old son. [Read more here]...

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06 Jan 2010 Calvin College Study on Spanking Makes Headlines in Canada

ARPA Note: Keep in mind that there is a private member's bill in our Senate the proposes to criminalize most corporal punishment in Canada. Click here for more information and an action item. National Post, January 6/2010: Young children spanked by their parents may perform better at school later on and grow up to be happier, according to a controversial new study that is drawing scorn from critics. [Click here to read more.]...

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06 Oct 2009 Action Item: MP Stands Up for Parental Authority and Needs Support

ARPA Action Item: MP Kelly Block is being ridiculed for standing up for parental responsibilities. Send her a note to thank her for addressing this issue. And send a note to your MP, the Justice Minister, and the Senators from your province, urging them to uphold a parent's freedom to use corporal punishment and to vote against Bill S-209. For more information, click here.  David Hutton and Janet French, The StarPhoenix, October 06, 2009: Saskatoon-Rosetown-Biggar MP Kelly Block calls spanking a "traditional punishment" and is asking her constituents to help...

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23 Jun 2008 Senate should be spanked for reopening settled debate

Licia Corbella, Calgary Herald - June 21, 2008 Before my husband and I had children, we vowed we would never spank them. I'm not certain, but I'm pretty sure we declared our noble intentions with more than a little smugness. We, unlike others, would be enlightened parents. No corporal punishment would be meted out on our offspring. No, siree. We were too well equipped, too knowledgeable, too controlled. We would use reason with our exceptional and well-behaved children and they would understand,...

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