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Create a Canada fit for children |
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Section 43 of the Criminal Code of Canada reads:
"Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances." R.S.C. 1985, c. C-46, s.43
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Section 43 of the Criminal Code of Canada allows physical punishment of children. This "spanking law" hinders education on positive and effective discipline. Many organizations serving children and families would like to see the end of this outdated law and are calling on the federal government to take action.
A national survey found that only a minority of Canadians believe that physical punishment is allowed by law. Therefore, ending section 43 would be consistent with or clarify the beliefs of many Canadians. Repeal of section 43 would also:
- reinforce the government's own efforts to eliminate physical punishment.
- support the positive parenting initiatives of hundreds of Canadian professional organizations.
- uphold the principles of the United Nations Convention on the Rights of the Child and the recommendation of the U.N. monitoring committee that Canada eliminate this defence from the Criminal Code.
- acknowledge the recommendation of Canada's Senate Committee on Human Rights to repeal section 43 found in the Children: The Silenced Voices report
- be consistent with international developments to eliminate physical punishment of children, our most vulnerable citizens.
Supreme Court Decision on Section 43
In January 2004, the Supreme Court of Canada decided that:
- schoolteachers may no longer use section 43 to justify physical punishment
- parents and persons acting in the place of parents may use physical punishment, but subject to the following conditions:
- the child is between 2 and 12 years of age,
- the child is capable of learning from the punishment,
- the force is minor and of a transitory and trifling nature,
- the punishment does not involve objects or blows or slaps to the head,
- the force is not degrading, inhuman or harmful, and
- the punishment is not the result of the caregiver's "frustration, loss of temper or abusive personality."
- The Supreme Court also ruled that the seriousness of the child's misbehaviour is not relevant in judging the "reasonableness" of the force used.
A minority of the Supreme Court disagreed with this judgement and held that section 43 violates the Canadian Charter of Rights and Freedoms.
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In 2006, a national survey of over 2400 Canadians found that only a minority of Canadians knew about the Supreme Court's 2004 decision on section 43, and only a minority knew all of the limitations to using physical punishment imposed by the Supreme Court.
In 2003, a national survey of 2000 Canadians found that the majority favoured repeal of section 43.
How you can support repeal
For more information about Section 43 of the Criminal Code and on what you can do to help end this law, visit Repeal 43 Committee.
Information on the Risks of Physical Punishment
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