Corporal Discipline Tag

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

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?

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).

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...

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...