1. Title of Resolution:

Preventing Physical Punishment of Children

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

N/A

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Cheryl Milne
Firm name: David Asper Centre for Constitutional Rights
Telephone: (416) 978-0092
E-mail: cheryl.milne@utoronto.ca

4.Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

Letter to Minister of Justice supporting Bill C-273 as soon as possible following passing of the resolution.

Advising CHEO of endorsement of the Joint Statement following passing of the resolution.

Preparation of a supporting brief to be drafted by the Child and Youth Law Section.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

Bill C-273 passes into law repealing section 43, failing which the CBA continues to advocate with any subsequent government and future UNCRC periodic reports for repeal.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

CBA Resolution 16-14-A recommended a narrow, modern exemption to section 43 consistent with the Supreme Court decision after careful study by Parliament and to consider full exemption based on evolving social science. No such study has taken place by Parliament. Since that time private members Bill C-273 has gained support and is on the way to third reading for full repeal of section 43.

The Joint Statement on the Physical Punishment of Children and Youth is publicly available on the website of the Children’s Hospital of Eastern Ontario and is currently endorsed by over 700 prominent children’s organizations and distinguished Canadians. It is a summary of the current social science evidence to support full repeal. Prominent organizations that have endorsed the Joint Statement include the Ontario Public Health Association (OPHA), the Canadian Pediatric Society (CPS) and the Canadian Public Health Association (CPHA).

The Canadian Coalition for the Rights of Children commissioned a research study by the Fraser Mustard Institute for Human Development Policy Bench which explores the issue of legislation around corporal punishment of children in Canada from various perspectives. A fact sheet is also available to summarize its findings. It concludes that evidence suggests that legislative prohibition paired with education programs informing the public on the harms associated with corporal punishment as well as alternative discipline techniques is the best approach for changing attitudes around corporal punishment to protect children from harm.

The UN Committee on the Rights of the Child has repeatedly recommended that Canada repeal section 43 of the Criminal Code. Their most recent Concluding Observations from Canada’s combined 5th and 6th periodic reports to the Committee reiterates this recommendation.

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Cheryl Milne
Firm name: David Asper Centre for Constitutional Rights, University of Toronto
Telephone: (416) 978-0092
E-mail: cheryl.milne@utoronto.ca

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name:Wendy Martin White, K.C.
Firm name: Phillips Aiello
Telephone: (204) 949-7711
E-mail: wmartinwhite@palaw.law

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution:

Child and Youth Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Constitutional and Human Rights Law Section, Indigenous Law Section, Family Law Section, Criminal Law Section