Repealing Canada’s ‘spanking law’ urged again

first_imgYahoo News 26 November 2015The federal government has no immediate plans to review section 43 of the Criminal Code, despite renewed calls to repeal Canada’s so-called spanking law.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.”In a landmark case, the Supreme Court of Canada upheld the law in 2004 in a 6-3 decision. Keep up with family issues in NZ. Receive our weekly emails direct to your Inbox.The court was clear that there are limitations to the use of force: it cannot involve children under two or over 12 years of age, or a disabled child of any age; it cannot be “degrading, inhuman or harmful” or include the use of objects like belts or rulers; it cannot involve “slaps or blows to the head.”“These types of punishment, we may conclude, will not be reasonable,” the majority of judges agreed.Spanking that is “only minor corrective force of a transitory and trifling nature” is allowed, the court ruled, concluding that the provision does not violate the Charter of Rights and Freedoms because it does not infringe a child’s rights to security of the person or a child’s right to equality, and it does not constitute cruel and unusual treatment or punishment.–spanking-law–urged-again-214416131.htmllast_img

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