Human Rights A Day

Supreme Court of Canada agrees to hear appeal of criminal exemption for hitting children. Canadian adults have protections from assault. The criminal code of Canada makes an offence of using force against anyone without their consent. However, an exception is made for children. Section 43 of the code states, “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.” The Canadian Foundation for Children, Youth and the Law disagreed, and went to court in Ontario asking for that section to be struck from the code because it violated several protections under the Canadian Charter of Rights and Freedoms. In July, 2000, Judge McCombs of the Ontario Superior Court denied the application. A year and a half later, Ontario’s top court dismissed the appeal, but the foundation was undeterred. On October 17, 2002 the Sup