Would repealing section 43 improve the protection of children under provincial protection acts?
Yes. Criminal law plays an important educational role in shaping community standards. Repeal would make it clear that corporal punishment is no longer approved not only because it creates a risk of harm but also because it violates a child’s dignity and basic human rights. Where reports of harm or suspected harm as a result of corporal punishment were received, child protection workers would advise parents that s. 43 no longer exists as a defence. This would be an important incentive for parents and others to learn positive methods of discipline. It would end the contradiction between the Criminal Code approval of corporal punishment and government and other efforts to persuade parents to adopt alternatives.
