Law to Remove Legal Justification for Hitting Children
End Legal Defense for Child Assault
This proposed law wants to remove a rule from the criminal code about how adults can discipline children. Right now, the law says parents, teachers, and guardians can use "reasonable force" to correct a child's behavior. This proposed law would take that permission away. It would mean any physical force used on a child could be considered assault, just like it would be for an adult. This change would affect all children in Canada, as well as their parents, teachers, and anyone else responsible for their care. It would mean parents couldn't spank their children without risking legal consequences. Teachers also couldn't physically discipline students. This proposed law is important because some people believe hitting children is harmful and can lead to long-term problems. They think it teaches violence and doesn't help children learn better behavior. Removing this section of the criminal code would bring Canada in line with other countries that have banned all forms of physical punishment for children.
Where this proposed law falls on the policy spectrums that Canadians care about
Removing the legal justification for using force in disciplining children aligns with proactive equity and inclusion measures, as it protects children's rights and promotes a more inclusive understanding of acceptable behavior.
Repealing the section of the criminal code that allows parents and teachers to use force to discipline children moves towards restorative justice and social investment by reducing potential harm to children and promoting alternative, non-violent disciplinary approaches.
This proposed law repeals Section 43 of the Criminal Code, which allowed parents and teachers to use physical force to correct children. This removes a legal justification for what some consider violence against children, but it doesn't create new protections or define what alternative discipline methods are acceptable.
Things to Watch For
- The law doesn't offer guidance on what constitutes 'reasonable' non-physical discipline.
- It may lead to increased scrutiny of parents and teachers who use any form of physical correction, even minor.
- The impact on child welfare services and the potential for increased investigations is unclear.
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How likely this proposed law is to be approved
This proposed law seeks to repeal a section of the Criminal Code related to parental discipline, which is a sensitive issue. While it addresses a Truth and Reconciliation Commission call to action, there may be concerns about unintended consequences or public perception.
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