Am I allowed to spank my children ?
by ERIN E. O'BRIEN EDMONDS, Q.C., B.Sc., L.L.B.

On January 15, 2002, the Ontario Court of Appeal had ruled that section 43 of the Criminal Code of Canada, which allows the use of 'reasonable force' by parents and teachers in disciplining children, does not violate the Charter of Rights and Freedoms and will remain in effect. This decision resulted from an application that was brought before the court by the Canadian Foundation for Children, Youth and the Law to remove this section from the Criminal Code on the basis that it is unconstitutional and violates the Charter. Section 43 states:
"Every school teacher, 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."
In the decision of Canadian Foundation For Children, Youth and the Law v. Attorney General of Canada, (January 15, 2002), Ontario Court of Appeal, the appellate court ruled that the main purpose of this section is 'to allow for the use of strictly limited corrective force on children by parents and teachers in carrying out their responsibilities to train and nurture the children'. However, Family Court Judges believe that positive discipline can be done without physical or emotional harm to a child and, generally, do not accept physical discipline as an appropriate method of disciplining children.

 

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