Teachers Union Warns Bill Banning Use of ‘Reasonable Force’ for Disciplining Children May Put Educators at Risk of Assault Charges
Teacher unions are against a proposed piece of legislation that would ban the use of “reasonable force” by teachers to discipline children, as they fear it could lead to assault charges.
President of the Canadian Teachers’ Federation Heidi Yetman expressed her concerns to the House of Commons Justice Committee on April 15, stating that the proposed reforms by the NDP could put teachers at risk of legal charges and make classrooms less safe.
“Teachers sometimes need to physically intervene in certain classroom situations,” Ms. Yetman emphasized, as reported by Blacklock’s Reporter. “This is the reality.”
If passed, Bill C-273 would amend the Canada Criminal Code by removing a provision that allows for the use of force to correct children under certain conditions. The bill passed the second reading in the House of Commons in February and is under committee review.
NDP MP Peter Julian, who introduced the bill in December 2022, has advocated for this change to the criminal code.
“It is crucial to take action to protect children and prevent harm from parents and legal guardians,” he stated in a press release at the time.
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Section 43 of the Criminal Code of Canada currently states that “every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.”
Ms. Yetman shared an incident with MPs where she had to intervene physically when a fight broke out between Grade 7 students.
“I broke up the fight and took one student to the principal’s office,” she explained. “According to the Criminal Code, that could be considered assault. However, I did it to protect the children.”
President of the Québec Association of Teachers Sébastien Joly agreed with Ms. Yetman’s concerns, stating that the proposed changes could expose teachers to legal risks for intervening physically.
Efforts have been underway for years to repeal Section 43, known as the “spanking law.”
The Truth and Reconciliation Commission included the repeal of Section 43 in its recommendations in 2015 to address abuse in residential schools.
However, some argue that repealing Section 43 could not only affect Indigenous communities but also parents who might face assault charges for disciplining their children.
The Conservatives and some members of the Bloc Québécois have been critical of the bill, arguing that reasonable force is sometimes necessary.
Conservative MP Damien Kurek expressed that the bill intrudes into the private lives of families.
“Repeated attempts have been made to diminish the role of parents and families as fundamental aspects of society,” he stated. “Any move to diminish this is unjust. We can see the consequences of such actions.”
