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Spanking Upheld - Sorta

kerouacdude

TRIBE Member
Top court upholds spanking law
Last Updated Fri, 30 Jan 2004 9:59:08
OTTAWA - The Supreme Court of Canada has upheld the law allowing parents to spank their children but set guidelines outlining "reasonable limits" to the act.

The top court ruled that reasonable corrective force can be used against children between the ages of two years old and 12 years old.

In a six to three decision, the Court refused to repeal Section 43 of the Criminal Code that allows parents and school teachers to physically discipline children in their care by using "reasonable" force.


INDEPTH: Spanking

The Canadian Foundation for Children, Youth and the Law, brought the case to court, seeking to strike down the law.

Lawyers for the children's organization argued that the Criminal Code provision is a violation of the Charter of Rights and Freedom, and makes children "second class citizens."

"This case is about the right of children not to be hit, a right that in a modern, 21st-century democracy should be unquestioned," said lawyer Paul Schabas when he argued the case before the Supreme Court.

But the federal government is arguing Section 43 should stay in place, saying the law strikes a balance between the needs of parents and the rights of children.

The Justice Department says it does not advocate spanking, but that repealing the law could make parents liable to criminal charges each time they spank their children.

Many teachers and education officials have defended keeping Section 43 as it is.

Terry Price of the Canadian Teachers Federation, another group that has intervenor status in the case, worries that repealing Section 43 could result in teachers being charged with assault for breaking up a schoolyard fight.

"And I as a parent would certainly want to know that someone is going to intervene if my child was involved in an altercation," said Price.

Section 43 of the Criminal Code was passed in 1892 and has been amended several times.

The Ontario Court of Appeal upheld Section 43 in January 2002. The court ruled that parents and teachers are free to spank children for disciplinary purposes if they limit themselves to "reasonable force."
 

janiecakes

TRIBE Member
hahaha

i didn't know teachers were allowed to spank kids. if a teacher spanked my kid they'd be very, very sorry.
 

diablo

TRIBE Member
You should be able to smack them as long as they're in your house.

Unless your kid is a real problem child, you shouldn't have to do much spanking before the age of 12. The teenage years are when you'll have to administer a good five-across-the-eyes every once in a while.
 
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Agatka8

TRIBE Member
Originally posted by janiecakes
hahaha

i didn't know teachers were allowed to spank kids. if a teacher spanked my kid they'd be very, very sorry.

I definitely wouldn't tolerate any stranger laying a finger on my kid!
 

Poot

TRIBE Member
Originally posted by Boss Hog
try having a rabid newfie mother. what spanking law.

Seconded. (but no newfie mother.)

Big leather belt. And wooden spoons.

Even the strap once in elementary school.

And I think I turned out just fine. With a healthy respect for authority.

-->Cue response from parents opposed to this type of discipline...
 
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Evil Dynovac

TRIBE Member
A quick wack on the bum doesn't hurt the child but the sharp physical contact jars them out of their current behaviour and let them know they are doing wrong. It's not a matter of punishment but correction.

Kids can be right bastards with little or no social controls. They are also prone to socially contagious behaviour. When one starts acting out in a class they all do.

Teachers are screwed so many times over as it is. A latch-key kid with lax parents runs around like a wild animal but the teacher can't send the kid home for behaviour re-training. The school system is stuck with these ill-bred monsters. They have to instill in the kid a double-standard whereby what they get away with at home is not acceptable in school.

My dad told a bunch of my teachers 'give him a wack if he's acting like a brat.' He told them that after meeting them and reading their character, to see if he could trust them. In retrospect it was the right thing to do. Getting a quick shot on the backside in front of other classmates was embarrassing and it curbed my outbursts.

On the otherhand all that old school premeditated violence as punishment (the switch or paddle or hail mary's) was pretty fucked up shit and I'm glad that's gone.
 

Boss Hog

TRIBE Member
Originally posted by Jessica P
Big leather belt. And wooden spoons.


I heard that sister. Mom must have broken half a dozen wood spoons over my head, and broke as many blood vessels in her hand from the slaps.

It was cute though, I mean, I was always twice her size.
 

OTIS

TRIBE Member
Originally posted by kerouacdude
pfft, my father's Calabrese

Testify! Same here..


Belt? Paddle? hahaha I wish!

Try having to watch him strip a thin branch off the cherry tree.
 
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mingster

TRIBE Member
yeah, i didn't know teachers still had the right to spank their students.

that's kinda fucked. i think parents should be the only ones allowed to spank their kids.
 

OTIS

TRIBE Member
Although I think it should be upheld to prevent absurd criminal charges, I find it telling that most of the groups lobbying for the upholding of this law are that of the right wing sort.
 

Agatka8

TRIBE Member
Originally posted by Jessica P
Seconded. (but no newfie mother.)

Big leather belt. And wooden spoons.

Even the strap once in elementary school.

And I think I turned out just fine. With a healthy respect for authority.

-->Cue response from parents opposed to this type of discipline...

Yeah... well I was hit with a belt when I was a kid... and I resent my parents for choosing that method of punishment.
I've always had a healthy respect for authority... and the only reason I believe that my parents chose that method of punishment was for their own personal gratification. They both have short fuses and that's how they discharged their frustrations....and anger. It was a quick fix for them.

I definitely don't think that spanking is necessary in order to raise a child that has a healthy respect for authority or society.

There are many better ways
 

Hi i'm God

TRIBE Member
Originally posted by Evil Dynovac
A quick wack on the bum doesn't hurt the child but the sharp physical contact jars them out of their current behaviour and let them know they are doing wrong. It's not a matter of punishment but correction.

Kids can be right bastards with little or no social controls. They are also prone to socially contagious behaviour. When one starts acting out in a class they all do.

Teachers are screwed so many times over as it is. A latch-key kid with lax parents runs around like a wild animal but the teacher can't send the kid home for behaviour re-training. The school system is stuck with these ill-bred monsters. They have to instill in the kid a double-standard whereby what they get away with at home is not acceptable in school.

My dad told a bunch of my teachers 'give him a wack if he's acting like a brat.' He told them that after meeting them and reading their character, to see if he could trust them. In retrospect it was the right thing to do. Getting a quick shot on the backside in front of other classmates was embarrassing and it curbed my outbursts.

On the otherhand all that old school premeditated violence as punishment (the switch or paddle or hail mary's) was pretty fucked up shit and I'm glad that's gone.
I agree. Next thing the gov will be in our homes saying we cant feed our kids junk food cause thats harmfull to them too :rolleyes: Whats next, no Sodomy?!?
 
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Dirtymatt

TRIBE Member
I was always hit/spanked as a kid and I think it did me good. When I become a parent I will probably do the same thing to my children- and I would object to strangers trying to interfere in domestic matters.

matt
 

kerouacdude

TRIBE Member
I agree with Evil D pretty much.

If I'd met the teacher & knew they had the best interests at heart and overall liked my child, I'd have no problem with them giving my kid a moderate whack on the butt if they were holding up 30 other kids with their behaviour - it's not about proprietariness to me. It takes a village (bwahahaha, can't believe I just said that).
 

mingster

TRIBE Member
i don't know...how would you feel growing up if you were the only kid in the classroom was got spanked by the teachers. probably in front of all the other kids, who never got it.

i think that could do a little number inside the ol' noggin.


evil d? any opinion? were you the only kid in class who got it from the teacher?
 

Agatka8

TRIBE Member
Originally posted by Syntax Error
like what?

Like talking to children more.
By teaching children self discipline and respect through example.

Children tend to more respect people who respect them.

I understand that not every child needs the same type of discipline, however hitting a child out of rage or anger is wrong.
 
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