kerouacdude
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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."
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."
Whats next, no Sodomy?!?