No country in the world'
has criminalized spanking

<<< Back to About Our Judges    <<< Back to Other Articles

Mary Vallis (NP)

Even though Canada ratified the UN Convention on the Rights of the Child in 1991, a controversial Canadian law still allows parents and teachers to use "reasonable" force to discipline children.

Section 43 of the Criminal Code says every parent, teacher or caregiver "is justified in using force by way of correction" toward a student or child.

It was first included in the Code in 1892, and originally allowed the use of corrective force against wives, employees and prisoners, as well as children.

The clause was unanimously upheld by the Ontario Court of Appeal last year after it was challenged by the Canadian Foundation for Children, Youth and the Law.

The appeal court said, "No country in the world has criminalized all forms of physical punishment of children by parents, which is what accepting the appellant's position would entail."

In June, lawyers for the anti-spanking advocates appeared before the Supreme Court of Canada.

Their supporters argue Section 43 violates the Canadian Charter of Rights and Freedoms, as well as the UN Convention on the Rights of the Child.

Article 19 of the UN convention says signatories "shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child."

The UN General Assembly ratified the convention in 1989.

The convention is significant because it stipulates children should be protected from every form of violence, said Corinne Robertshaw, a retired lawyer and co-ordinator of the Repeal 43 Committee, a national group that has been working on the issue since 1994.

"Children are the only Canadian citizens that you can legally assault," she said. "Some people will say, 'Well, giving a kid a good spanking is not violence,' but from whose point of view? If you don't think it's violence, ask the child."

In reaching their decision, the Supreme Court justices must take into account international conventions that Canada has ratified, she said.

She pointed out Canada was a vocal supporter of the convention under Brian Mulroney's government and encouraged other countries to ratify it.

The court is expected to announce its decision by the end of the year.

Back to top of Document