Legal and Educational Professionals Band Together Against Proposed Spanking Ban Law

June 28, 2024 TruthUSA

Lawyers and schoolteachers are urging Parliament to reject private member’s bills that seek to prohibit the spanking of children.

Both the Canadian Teachers Federation (CTF) and the Quebec Defence Lawyers Association (AQAAD) have written to the Senate’s legal and constitutional affairs committee to express concerns about a proposed bill to repeal the corporal punishment provision of the Criminal Code of Canada, citing potential issues for teachers and parents.

Senate Bill S-251, introduced by Senator Stan Kutcher, aims to repeal Section 43 of the Criminal Code of Canada, which permits parents, teachers, and guardians to correct a child “if the force does not exceed what is reasonable under the circumstances.”

The teachers federation argues that there are situations where teachers may need to use physical force to restrain children from engaging in violent or harmful behaviors, as initially reported by Blacklock’s Reporter.

“We are concerned that the repeal of Section 43 without a Safe Schools Amendment could lead to increased classroom safety concerns at a time when instances of violence in Canadian classrooms are on the rise,” stated the CTF in their brief to the Senate.

The teachers referenced a 2023 study by the Elementary Teachers’ Federation of Ontario, which revealed that 80% of elementary teachers in the province had experienced or witnessed violence from students, with two-thirds noting an escalation in violent incidents.

“Almost all members are feeling the negative impacts on teaching and working conditions, with 87% of members agreeing that violence in elementary schools is ’making teaching more difficult‘ and 83% saying that violence ’interferes with classroom management,’” stated the survey.

“Without replacement for Section 43, we anticipate an increase in the number of assault charges filed and prosecuted,” said the CTF.

“As a precaution, teachers would be advised to not intervene in situations noted above. This could result in more severe injuries to students and more calls to police.”

The CTF added that simply being charged could be career-ending for a teacher, even if acquitted.

The CTF highlighted that Section 43 of the Criminal Code has provided protection for teachers who have had to intervene in various situations, from breaking up fights to managing disruptive behavior.

On the other hand, the Quebec Defence Lawyers Association informed the Senate that passing Bill S-251 in its current form could subject parents and teachers to criminal convictions for minimal amounts of force.

“It is unimaginable how a parent could effectively nurture their child’s development without using reasonable and minimal force to guide, control, or protect the child,” stated the association in their brief.

The lawyers cited two instances where parents or guardians employed minimal force in challenging situations that could have resulted in guilt without the safeguard of Section 43.

“A father was acquitted after restraining his teenage daughter by the arms to calm her down when she was in a fit of anger and breaking an electronic device,” noted the association.

“In another situation, a primary school teacher, while managing her class, gently guided an overly excited student out of the classroom by the arm. Without this provision, both the father and the teacher would have faced repercussions,” they added.

Various groups also advocated to the Senate in favor of a complete ban on corporal punishment and backed Bill S-251.

The Native Women’s Association of Canada (NWAC) voiced their support for banning spanking and referenced the use of corporal punishment in the residential school system.

“For context, the TRC’s (Truth and Reconciliation commission) Call to Action 6 explicitly calls for the repeal of section 43.2 The specter of residential schools looms large behind this Call, as Indigenous children suffered severe beatings in residential schools,” explained the brief.

The NWAC emphasized that parents or caregivers using reasonable levels of force, such as securing an uncooperative child in a car seat, would be unlikely to face legal charges.

“These concerns are likely unwarranted, given the context. These types of necessary protective actions are not corporal punishments and are unlikely to be considered assault under the circumstances. Hence, criminal charges against parents would be improbable,” stated the NWAC.

The Quebec lawyers expressed doubts about the consistency of prosecutorial decisions in different jurisdictions if Section 43 were to be repealed.

“Prosecutors’ discretion is governed by internal guidelines that vary among provinces and territories, resulting in an inconsistent application of criminal law across the country,” Source link

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