Is using reasonable force to restrain a child from harm or controlling a misbehaving child an assault under the Code ?
No. Consent to reasonable force can be either express or implied. It is express when, for example, written consent is given for a medical operation. It is implied when the person against whom the force is used would have consented, if competent to do so. The common law has long recognized that parents and teachers may have to use reasonable force to remove a child from harm, put an unwilling child to bed, in a car seat, or on a school bus. These are common, child-caring actions for which the law implies consent on the part of the child. They are entirely different from hitting a child for correction and do not constitute an assault. The Criminal Code includes specific defences that recognize the right to use reasonable force for self-defence and in situations such as protecting others, protecting property, and preventing trespass. Ending s. 43 would not prevent teachers or parents from using reasonable force to break up a fight between children.
