This is a interesting debate, for me I am for it as a last resort. sometimes a kid needs that if they are out of control in my view, I hate the people who say spanking does emotional trauma on a child, give me a break, I was spanked the odd time and turned out OK (Well, I guess thats a matter of oponion, lol), anyway the highest court here uphelp it, I agree on that, your thoughts?
===================
Spanking law upheld
OTTAWA (CP) - The Supreme Court of Canada has upheld the so-called spanking law that allows parents to use physical force to discipline children, but has set legal guidelines aimed at ensuring reasonable limits.
In a 6-3 judgment Friday, the court rejected claims that the legislation, first enacted more than a century ago, should be struck down as a violation of children's rights. The ruling offered guidance, however, to help lower-court judges draw the line between acceptable and unacceptable force.
The court indicated, for example, that it would not be reasonable to use corporal punishment for children under age two or for teenagers. Nor would it be reasonable to use implements like rulers or belts, or to strike a child on the face or head.
The general rule, set out by Chief Justice Beverley McLachlin, is that corporal punishment should be legally acceptable must involve only "minor corrective force of a transitory and trifling nature."
At issue was Section 43 of the Criminal Code, the latest version of a federal law that has been on the books in one form or other since 1892.
It provides that parents, teachers and other caregivers cannot be found guilty of assault for physically correcting a child - as long as the force used is "reasonable in the circumstances."
Many people have, in fact, been convicted for going beyond what judges deemed to be reasonable.
But decisions were not always consistent, and opponents of the law argued it was an invitation to excess - whether by abusive parents or by well-meaning ones who simply lost their tempers.
The law was challenged by the Canadian Foundation for Children, Youth and the Law, a Toronto-based children's advocacy group.
The foundation denounced Section 43 as discriminatory, an infringement of children's right to security of the person and a legal endorsement of cruel and unusual punishment.
Joining in the anti-spanking campaign were the Ontario Association of Children's Aid Societies, the Child Welfare League of Canada and other children's rights groups.
The federal Justice Department defended the law but argued it should be read as allowing only "mild to moderate" force.
Government lawyers said parents need some leeway in raising their children and should not be threatened with criminal charges unless discipline crosses the line to abuse.
Backing the federal position were the Coalition for Family Autonomy, a collection of conservative lobby groups, and the Canadian Teachers Federation.
The teachers said they didn't favour corporal punishment, but feared that if the law was overturned they could face charges merely for physically restraining an unruly student.
Reply With Quote
