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Jun 3, 2016 · Section 43 of the Criminal Code, which expressly offers parents and teachers a defence for using reasonable force to discipline a child, is a controversial provision of Canada’s criminal law. Recent decades have seen a growing movement to end all forms of physical punishment of children and youth in Canada, including through the repeal of section 43.
FORM 6.1 - Application for a Summons under Section 485.2; FORM 6.2 - Summons to Appear for the Purposes of the Identification of Criminals Act; FORM 6.3 - Summons to Appear for the Purposes of Section 490.0132; FORM 6.4 - Warrant for Arrest; FORM 7 - Warrant for Arrest; FORM 7.1 - Warrant To Enter Dwelling-house; FORM 8 - Warrant for Committal
Section 43 allows schoolteachers, parents, or guardians to use reasonable force for correction of a child under their care. It is a controversial provision that has been debated by various stakeholders and upheld by the Supreme Court of Canada.
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What is Section 43 of the Criminal Code?
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Learn about the Criminal Code offences that protect children from violence and abuse, and the defence in section 43 that allows reasonable force for correction. Find out the Supreme Court of Canada's guidelines for using minor force and the Government of Canada's position on spanking.
SECTION 43 OF THE CRIMINAL CODE Section 43 of the Criminal Code( )1 reads as follows: 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.
Apr 2, 2024 · Section 43 of the Criminal Code of Canada has not been repealed. In 2022, a private member’s bill to repeal section 43 (Bill C-273) passed first reading in the House of Commons.
A background paper by Laura Barnett that reviews the legal and social issues of section 43, which allows parents and teachers to use reasonable force to discipline a child. It examines the constitutionality, the proposals to repeal, and the public opinion on this controversial provision.
