ON COURT RULING

TODAY'S FAMILY NEWS for January 16-17
COURT REJECTS ANTI-SPANKING CHALLENGE

Making lawbreakers out of parents who spank their children "would hinder them in the discharge of their responsibilities towards those children and harm families," the Ontario Court of Appeal ruled[*1] Tuesday. In a 3-0 decision, the justices upheld Section 43[*2] of the Criminal Code. In place since 1892, it shields parents and teachers who apply "reasonable" force to correct a child's inappropriate behaviour from the risk of criminal prosecution.

The ruling marks the second time in as many years that an Ontario court has rejected the claims of the Canadian Foundation for Children Youth and the Law[*3] that Section 43 is unconstitutional. Justice Stephen Thomas Goudge, who wrote the decision, said the foundation had failed completely to show that the law "violates any principle of fundamental justice." "The section permits limited physical punishment of the child by a limited class of people without the punishment being a criminal assault," he stated. "[It] carefully defines the limits that must be observed if those actions are to escape criminal sanction."

"We could not have asked for a more resounding victory for families," said Focus on the Family Canada[*4] president Dr. Darrel Reid in a news release[*5]. "The ruling is unambiguous in affirming the right of parents to discipline their children in a loving way without the fear of being branded as criminals." Focus had intervened in the case as a partner in the Coalition for Family Autonomy, alongside the Canada Family Action Coalition[*6], the Home School Legal Defence Association[*7], and REAL Women of Canada[*8]. The Canadian Teachers Federation[*9] had also intervened in defense of Section 43, out of concern that its removal would invite "insubordinate or disruptive behaviour by those students who delight in bullying their peers."

Lawyer Peter Schabas told Canadian Press CFCYL will decide possibly within days whether to ask the Supreme Court of Canada to hear an appeal on grounds that the decision did not "clearly recognize the equality rights of children."

But Reid hopes they will choose to abandon their challenge. "The message could not be clearer," he said. "The vast majority of parents - and now two Ontario courts - have said that Section 43 ought to remain the law of the land." Surveys show that over 70% of Canadian parents have spanked their children and 84% said they did not believe that spanking should be made a crime.

[*1] http://www.ontariocourts.on.ca/decisions/2002/january/canadianC34749.htm