Preventing Physical Punishment of Children

WHEREAS children are the only group in Canada against whom the use of force is justified under the Criminal Code and the United Nations Committee on the Rights of the Child has repeatedly recommended that Canada repeal the defence of “reasonable force” under section 43 to comply with the UN Convention on the Rights of the Child;

WHEREAS recommendation 6 of the Truth and Reconciliation Commission Calls to Action calls for the repeal of section 43;

WHEREAS private member’s bill (Bill C-273) which seeks to repeal section 43 is supported by the current government following review by the Standing Committee on Justice and Human Rights;

WHEREAS CBA Resolution 16-14-A previously proposed a narrow exemption to section 43 consistent with the Supreme Court of Canada’s decision in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), [2004] 1 S.C.R. 76, 2004 SCC 4, but new social science evidence underscores the harms caused by the use of physical punishment;

WHEREAS the Joint Statement on the Physical Punishment of Children and Youth sponsored by the Children’s Hospital of Eastern Ontario outlines the current research and makes several recommendations (including public awareness, education and legal reform) to eliminate the use of physical punishment of children;

WHEREAS public education is an important tool for increasing understanding of effective parenting strategies and should aim to build parenting competence to reduce the need for intervention in families and criminal prosecution of parents;

BE IT RESOLVED THAT the Canadian Bar Association:

  1. Repeal Resolution 16-14-A;
  2. Urge the federal government to repeal section 43 of the Criminal Code;
  3. Join over 700 organizations across Canada and endorse the Joint Statement on the Physical Punishment of Children and Youth; and
  4. Urge the federal government to expand public awareness, parenting education, and targeted harm prevention for families, including education about children’s rights.

Moved by Child and Youth Law Section.

Download the Resolution