OTTAWA—Repealing a provision of the Criminal Code that shields parents from facing assault charges for hitting their children would affect more than just First Nations communities, legal experts say.
It would also affect many immigrant and minority parents caught in a legal haze when it comes to child-rearing.
Section 43 of the Criminal Code gives parents and teachers a legal defence when they physically discipline children, most often seen as legalizing spanking. Removing the section was one of the 94 recommendations from the Truth and Reconciliation Commission that examined the legacy of Canada’s residential schools, including rampant abuse.
The Liberal government has committed to implementing all of the recommendations.
Defining what crosses the line between spanking and abuse is not always easy and has raised critiques for years that Parliament should review the provision and either rewrite it, or do away with it.
“Should Parliament address this issue? Absolutely. Should it have a simple blanket repeal that could expose parents in many situations to criminal prosecutions for very minor touching, or conduct that is not clearly proven to be harmful? I would say no, but that’s not to say that we don’t need action in this area,” said Nick Bala, a law professor from Queen’s University in Kingston, Ont.
