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West Nile Virus News Release
October 7, 2003

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Majority favour repeal of "spanking law"


A national survey of over 2000 Canadians shows a significant majority in favour of repealing Section 43 of the Criminal Code of Canada. This section, commonly referred to as the "spanking law," allows physical punishment of children by teachers and parents.

Sixty nine per cent of respondents believe teachers should not be allowed to physically punish children. Fifty one per cent believe parents should not be allowed to use physical punishment as a disciplinary measure; this opinion increases to 60% if guidelines are in place to prevent prosecution for "mild spanking."

Support for ending Section 43 is higher among women and those in the 18 to 34 age group. The survey was sponsored by Toronto Public Health and conducted by Decima Research.

"The law came into effect in 1892 and reflects 19th Century attitudes towards children," said Corinne Robertshaw, national coordinator of Repeal 43 Committee. "This survey demonstrates that public attitudes toward corporal punishment of children are changing." The law is currently being challenged before the Supreme Court of Canada by advocates for children.

Section 43 allows physical punishment of children and provides a defense to a charge of assault if the courts consider the punishment reasonable.

"We need to encourage positive methods of guiding children's behaviour and put an end to any activity that could harm, either physically or emotionally, our most vulnerable citizens," said Councillor Joe Mihevc, Chair of the Toronto Board of Health.

Toronto Public Health is one of over 70 organizations in Canada supporting the repeal of Section 43 on the basis that it violates childrens' rights to equal protection from assault and undermines attempts to educate the public on effective alternative disciplinary strategies.

Research shows physical punishment is not effective in modifying child behaviour and poses a significant risk for immediate and long term harm to children.

Background information, including survey highlights, are posted at www.toronto.ca/health. For information on parenting services and programs, contact Toronto Public Health at 338-7600.


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