October 17, 2002 - Hitting Children - a podcast by Stephen Hammond

Supreme Court of Canada agrees to hear appeal of criminal exemption for hitting children. Canadian adults have protections from assault. The criminal code of Canada makes an offence of using force against anyone without their consent. However, an exception is made for children. Section 43 of the code states, “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.” The Canadian Foundation for Children, Youth and the Law disagreed, and went to court in Ontario asking for that section to be struck from the code because it violated several protections under the Canadian Charter of Rights and Freedoms. In July, 2000, Judge McCombs of the Ontario Superior Court denied the application. A year and a half later, Ontario’s top court dismissed the appeal, but the foundation was undeterred. On October 17, 2002 the Supreme Court of Canada agreed to the foundation’s request to hear an appeal. On January 30, 2004, with six judges dismissing the appeal and three judges dissenting, the court ruled that section 43 does not adversely affect children’s security of the person and does not offend principles of fundamental justice. They also found that it did not allow for cruel and unusual punishment, as only reasonable force is permitted. The Canadian government, certain family organizations on Canada’s right wing, as well as the Canadian Teachers’ Federation and children’s aid societies were pleased, as they opposed the application. However, other organizations, such as the Repeal 43 Committee, continue to lobby Canadian politicians to repeal the section they say allows Canadian children to be harmed.

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