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Table of contents
This is not child abuse; this is normal, everyday, responsible parenting;. The special defence given by S. This became part of our statute law — apparently without discussion or debate — when our criminal law was first codified in and has remained basically unaltered in the Code since then. Yes it would, if the force used is hitting the child for the purpose of correction — just as the general assault provisions of the Code take away the right of adults who choose to use force against other adults without their consent.
Reasonable force to restrain a child from hurting himself or others or from damaging property is justified by the common law and would be unaffected by repealing s. Criminal law does not work this way. Putting a child in bed during a tantrum? Neither would a parent be prosecuted for obeying provincial laws that require children to be placed in a car seat — unless the child was deliberately thrown in the seat and injured.
Tell that to the child who is being hit. Obviously, children need correction and a parent can choose from the many positive ways to correct a child that do not involve hitting. This is after-the-fact denunciation of the crime with the hope of deterring others. What is needed are measures that can help prevent the crime in the first place. These must start by ending the S. Most of the research finds a correlation between hitting children and negative outcomes. Jason Fuller, a doctoral law student, writing in the Akron Law Review cited by the senator relies heavily on the research of Robert Larzelere, PhD, associate professor of human development and family science at Oklahoma State University.
For information on Sweden, Fuller relies on Ruby Harrold-Claesson whose status as a Swedish attorney has been questioned. In addition to the more than Canadian organizations that have specifically endorsed repeal, the research against spanking has been sufficient to convince the American Academy of Pediatrics, the Canadian Paediatric Society and the Royal College of Paediatrics and Child Health to recommend strongly against spanking.
See their following recommendations:. Other means of discipline are equally effective but of much greater learning value to the child. Among other things, she said we all agree that the incidence of violence must be reduced and that we need to recommit to prevention and to deal with the root of the problem. This root is called parenting education. That is one of the reasons she would like to see section 43 of the Criminal Code repealed.
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Sections 34 and 37 of our Criminal Code already allow people to use reasonable force to defend themselves or anyone else in their care. Not one of the 26 countries that have thus far banned the use of violence in child rearing has experienced this result. All the more recent studies have shown, not only that force is ineffective in child rearing, no matter what level of force is used, but also that its consequences are counter-productive in the medium and long term.
The most recent study published by the American Academy of Pediatrics in April investigated the risk of aggression that may develop in five-year-old children when they have been raised with spanking from the age of three. The study was conducted between and , with respondents. The results are unequivocal. Spanking 3 year-old children significantly increased the probability of engendering higher levels of aggression by the age of 5.
Repeal 43 » Senate Bills to Repeal S
These findings are consistent with dozens of other studies of the subject. After touching on scientific, religious, and psychological concepts concerning child discipline, the Senator said that Bill S provides for a campaign that would help parents find alternative child rearing practices. She urged senators to fully support S and the debate adjourned. Senator Hervieux-Payette introduces a new bill, S, to repeal s.
Click for Bill. The bill dies when Prime Minister Harper prorogues Parliament today.
Senate Bills to Repeal S.43
She said the Supreme Court decision has actually led some parents to believe they have more rights as a result of this decision and that it has given them blanket permission to spank their children. Senator Wallace was correct in saying that changes made to the bill by the committee were not seen by previous witnesses and perhaps they could be heard when the bill goes to committee this time round. Teachers may use reasonable force to remove children from classrooms or to secure compliance with instructions.
The proposed changes will put parents, children and families before the courts as judicial interpretations of the new wording are developed. If there are concerns as to how well the general public understands the existing law, then the answer lies in creating more public awareness. No witnesses before the Senate committee had a chance to make representations on the language chosen by the committee. His concern about whether the general public understands the existing law is certainly valid.
Senator Hervieux-Payette speaks about the biblical and historical approach to child discipline and how this approach has changed over the centuries. She explains that in the previous Parliament the Senate passed the qualifications in her new bill and that they were based on the New Zealand bill that abolished its version of S. Liberal Senator Joan Fraser, a member of the committee that reviewed the original bill, pointed out that the amendments were made to enable people like teachers to use reasonable force where necessary to control a child but not to allow the use of force as punishment.
It incorporates the amendments qualifying repeal of S. Click for amended Bill S Once again, progress on ending legal support for corporal punishment is set back by a federal election. This was the third bill to repeal s. However, she announced during the Senate debate that she would keep introducing a bill until one is passed. We expect she will do so in the new Parliament and either introduce a new bill or the amended Bill S It passes on division with some senators dissenting.
Click Bill S for bill as amended and passed. Six senators 2 Conservative and 4 Liberals spoke to the Bill on 3rd reading as follows:. Senator Ethel Cochrane Conservative said s. The guidelines given in Supreme Court decision make it clear that only limited force is permissible. This is a valid and fundamental concern.
She referred to committee witnesses from the Council of Criminal Defence Lawyers, Criminal Lawyers Assn, and Canadian Bar Assn in defence of her views, and to the New Zealand witness but ended by saying that she continues to support s. Senator Raynell Andreychuk Conservative said the issue of corporal punishment is over in Canada. It is not advocated by anyone. The debate should not be about hitting or striking a child.
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This is not where the debate lies. The debate is that the UN Convention on the Rights of the Child is a transforming type of legislation. It points out the needs and rights of children. One of those rights is the right to grow without corporal punishment and being struck; in other words, to live without violence.
It is appropriate to discipline children and some form of touching and force may be necessary. New Zealand was thinking of deleting their section 59 that is similar to section Then good parliamentarians said: We have to let parents have some discretion. They built back some defences. She thinks that is what we have done in amending Bill S Senator Joan Fraser Liberal said the Standing Senate Committee on Legal and Constitutional Affairs took on board all the work that had been done by previous committees.
The outcome was an amendment to the bill to set out explicit defences. As Senator Andreychuk indicated, there is a year for education, communication and planning. It is not as if this legislation were coming as a surprise; this bill has been around for a long time. Everyone has known that it was on the agenda. As Senator Andreychuk indicated, a year for education, communication and planning is included in the bill. Senator Sharon Carstairs Liberal said this bill has been around for a very long time.
She introduced it 12 years ago. For 12 years this bill has been before the Senate of Canada. What she still does not hear in enough responses is the risk to children. We talk about the risk to parents; we talk about the risk to teachers. What about the risk to children?
This bill is about the risk to children. Parents have interpreted the Supreme Court decision as saying that it is now permissible to hit children between the ages of two and twelve. Senators should look at case law on section 43 prior to the Supreme Court decision.
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It ruled that it was acceptable under s. Violence does not work, and I urge all to support this bill. Senator Marilyn Trenholme Counsell Liberal said little children are so defenceless. She practiced medicine for 27 years and saw much of that. Any child, any person who has even once been spanked never forgets it until their dying day.
It is traumatic; it is such a scar; it is such a wound. All of the things the senator said about it leading to violence and bullying are true.
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It is indefensible. There are other ways to discipline.