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3 cze 2016 · A research publication that reviews the content, interpretation and controversies of section 43, which provides a defence for parents and teachers who use reasonable force on a child. It also examines the legal effects, public opinion and international perspectives on the issue of corporal punishment.
Section 43 of the Criminal Code provides a defence for parents and teachers who use reasonable force to correct a child. This paper reviews the legal and social issues surrounding this controversial provision, its judicial interpretation, and proposals for reform.
43 Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.
Learn about the Criminal Code offences that protect children from violence and abuse, and the defence in section 43 that allows reasonable force for correction. Find out the Supreme Court of Canada's guidelines for using minor force and the Government of Canada's position on spanking.
Section 43 of the Criminal Code provides a defence for parents and teachers who use reasonable force to discipline a child. This paper reviews the legal and social aspects of this controversial provision, including its constitutionality, proposals for reform, and international perspectives.
Criminal Code. 1 - Short Title; 2 - Interpretation; 3.1 - Part I. 3.1 - General; 21 - Parties to Offences; 25 - Protection of Persons Administering and Enforcing the Law; 32 - Suppression of Riots; 33.1 - Self-induced Extreme Intoxication; 34 - Defence of Person; 35 - Defence of Property; 43 - Protection of Persons in Authority; 46 - PART II ...
"Section 43 of the Criminal Code, which expressly offers parents and teachers a defence when they use reasonable force to discipline a child, is a controversial provision of Canada's criminal law.
