Lawfulness of corporal punishment

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Corporal punishment is lawful in the home. Section 43 of the Criminal Code (“Protection of Persons in Authority”) states: “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.” A Supreme Court ruling on 30 January 2004 stated that this section justifies only “minor corrective force of a transitory and trifling nature” and that it rules out corporal punishment of children under the age of two years or over the age of 12 years, as well as degrading, inhuman or harmful conduct, discipline using objects such as rulers or belts and blows or slaps to the head (Canadian Foundation for Children, Youth and the Law v Canada (Attorney General), file no. 29113). In Quebec, reference to a “right of correction” was removed from the Civil Code in 1994, and a number of rulings have stated that the right of correction is no longer recognised in Quebec’s civil law, but section 43 of the federal Criminal Code applies nevertheless.

As at February 2008, draft legislation repealing section 43 of the Criminal Code (Bill S-209) was under discussion in the Senate. The Standing Senate Committee on Human Rights has recommended repeal of the defence by 2009.

Schools

The 2004 Supreme Court judgement (see above) stated that teachers may not use corporal punishment, although they may use reasonable force to remove a child from a classroom or to secure compliance with instructions. This prohibition is not reflected in the laws of all provinces and territories. As at March 2007, corporal punishment was prohibited by law in state schools in British Columbia (1973), New Brunswick (1990), Newfoundland (1997), Northwest Territories (1995), Nova Scotia (1989), Nunavut (1995), Prince Edward Island (1993), Quebec (1997), Saskatchewan (2005) and Yukon (1990). There is no legal prohibition in Alberta, Manitoba and Ontario, though corporal punishment is prohibited as a matter of policy by many school boards.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions throughout Canada. The provisions for corporal punishment in the Criminal Code were repealed in 1972.

Alternative care

Corporal punishment is prohibited in child care in all states and territories except New Brunswick. In Ontario, it is prohibited in provincially-licensed childcare programmes and foster homes, and for all children receiving services from a child protection agency or other service provider licensed or approved by the province. In Quebec, as with parents, carers have no right of correction under the Civil Code, but section 43 of the federal Criminal Code applies (see above). In foster care, corporal punishment is prohibited in Alberta, British Columbia, Manitoba, Ontario and Quebec. There is no explicit prohibition in foster care in New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Saskatchewan and Yukon.

Workplace

No information.

Prevalence research

A survey of 1,000 people in an SES/Sun Media poll on the night before the Supreme Court ruling in January 2004 (see above) found that 64% support the use of force such as spanking by parents to discipline a child, though a wide majority oppose physical force being used by others. Support for spanking as a reasonable measure was highest in the West at 71% and Ontario at 62%. The lowest support was Quebec at 47%. Only 7% supported criminal charges for parents who spank their children; 7% also said that children should be removed from homes where their parents used spanking as corporal punishment; 5% supported both these measures. (“Spanking poll backs ruling”, Winnipeg Sun, Manitoba, 1 February 2004)

A national postal survey of households with children under the age of 6, completed by 1,643 parents (698 married mothers, 698 married fathers and 247 single mothers), was carried out in 1998-1999. Overall, 51% of parents reported using physical punishment occasionally or more often (1% “frequent”, 39% “rarely”, 11% “sometimes”); 49% reported never using it. There was no difference between mothers and fathers in the use of corporal punishment, but single mothers were less likely to use it than married parents, and parents with low education were more likely to use it than those with high levels of education. It was more often used for children aged 1-5 years, but 40% of parents of infants under the age of one year reported using physical punishment on their babies. (Oldershaw, L., 2002, A national survey of parents of young children, Toronto: Invest in Kids Foundation)

Other nationwide surveys have produced a variety of results. In a 1988 survey, 21% of parents reported that they use physical punishment (19% occasionally, 2% often or very often). (Decima Research Inc., 1988, Report to the Institute for the Prevention of Child Abuse on a nation-wide survey of attitudes toward child rearing, Toronto, ON: Decima Research Inc.)

In a 2001 survey, 10% of parents reported that they use physical punishment when their children break the rules. (Berger, E., 2001, National Report on Inter-Generation Abuse, Toronto, ON: Berger Population Health Monitor)

A 2002 survey found that 50% of parents reported that they or their spouse had “inflicted light corporal punishment, like a slap” on their children; 6% reported that they or their spouse had “inflicted painful corporal punishment”. (Canadian Press and Leger Marketing, 2002, Child Abuse Report, Montreal, PQ: Canadian Press and Leger Marketing)

In the 1998 Canadian Incidence Study of Reported Child Abuse and Neglect, 69% of substantiated physical abuse incidents were identified as cases of physical punishment. (Trocmé, N. et al., 2001, Canadian Incidence Study of Reported Child Abuse and Neglect, Ottawa, ON: National Clearinghouse on Family Violence)

In 1992, surveys on attitudes towards smacking were carried out in Toronto and Winnipeg. In the Toronto Area Survey, an annual survey carried out by the Institute for Social Research at York University, only one out of 229 respondents aged 18 years and over felt that physical discipline is never appropriate. In the Winnipeg Area Survey, an annual survey conducted by the Department of Sociology at the University of Manitoba, 30.4% of the 528 respondents aged 18 years and over were in favour of a law banning smacking, though if it were shown that the Swedish law had reduced injuries to children, this figure increased to 65.4%. About 25% felt that corporal punishment was never acceptable. (Durrant, J., 1996, “Public attitudes toward corporal punishment in Canada”, in Frehsee, D., Horn, W. & Bussmann, K-D., eds, 1996, Family Violence Against Children, New York: Walter de Gruyter, pp.107-118)

In a 2000 survey of university students in British Columbia and Manitoba, 75% reported having experienced parental physical punishment as children or adolescents. Of these, 37% reported being slapped on the head, 34% being hit with an object, and 18% being whipped. (Ateah, C. & Parkin, C. M., 2002, “Childhood experiences with and current attitudes toward corporal punishment”, Canadian Journal of Community Mental Health, 21, pp.35-46)

In a sample of mothers of preschoolers in Manitoba, 59% reported having used physical punishment in the previous two weeks. (Ateah, C. & Durrant, J. E., 2005, “Maternal use of physical punishment in response to child misbehavior: Implications for child abuse prevention”, Child Abuse & Neglect, 29, pp.177-193)

In a sample of mothers of preschoolers in Manitoba and Ontario, 70% reported having used physical punishment at some time; one-third of those who used it did so at least once per week. (Durrant, J. E., Rose-Krasnor, L. & Broberg, A., 2003, “Maternal beliefs about physical punishment in Sweden and Canada”, Journal of Comparative Family Studies, 34, pp.586-604)

In a sample of Ontario parents, 85% reported having slapped or spanked their children and 20% reported having hit their children with objects. (Lenton, R. L., 1990, “Techniques of child discipline and abuse by parents”, Canadian Review of Sociology & Anthropology, 27, pp. 157-184)

In a 1999 survey of Quebec mothers, 48% reported having physically punished their children in the 12 previous months by pinching, shaking or hitting the child on the buttocks. Acts of severe violence such as shaking an infant, hitting a child on the face or head, punching, kicking or slapping, or hitting with an object within the previous 12 months were reported by 7% of mothers in the sample. (Clément, M. E. et al., 2000, La violence familiale dans la vie des enfants du Québec, Québec, PQ: Institut de la Statistique du Québec)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee, while noting the implementation of some of the recommendations (CRC/C/15/Add.37 of 20 June 1995) it made upon consideration of the State party’s initial report (CRC/C/1/Add.3), regrets that the rest have not been, or have been insufficiently, addressed, particularly those contained in: … paragraph 25, suggesting a review of penal legislation that allows corporal punishment.

“The Committee urges the State party to make every effort to address those recommendations contained in the concluding observations on the initial report that have not yet been implemented….

“The Committee welcomes the efforts being made by the State party to discourage corporal punishment by promoting research on alternatives to corporal punishment of children, supporting studies on the incidence of abuse, promoting healthy parenting and improving understanding about child abuse and its consequences. However, the Committee is deeply concerned that the State party has not enacted legislation explicitly prohibiting all forms of corporal punishment and has taken no action to remove section 43 of the Criminal Code, which allows corporal punishment.

“The Committee recommends that the State party adopt legislation to remove the existing authorization of the use of ‘reasonable force’ in disciplining children and explicitly prohibit all forms of violence against children, however light, within the family, in schools and in other institutions where children may be placed.

“The Committee recommends that the State party further improve the quality of education throughout the State party in order to achieve the goals of article 29, paragraph 1, of the Convention and the Committee’s general comment No.1 on the aims of education by, inter alia:

d) adopting appropriate legislative measures to forbid the use of any form of corporal punishment in schools and encouraging child participation in discussions about disciplinary measures.”
(27 October 2003, CRC/C/15/Add.215, Concluding observations on second report, paras. 4, 5, 32, 33 and 45 (d))

“Further measures seem to be needed to effectively prevent and combat all forms of corporal punishment and ill-treatment of children in schools or in institutions where children may be placed. The Committee is also preoccupied by the existence of child abuse and violence within the family and the insufficient protection afforded by the existing legislation in that regard.

“The Committee suggests that the State party examine the possibility of reviewing the penal legislation allowing corporal punishment of children by parents, in schools and in institutions where children may be placed. In this regard and in the light of the provisions set out in articles 3 and 19 of the Convention, the Committee recommends that the physical punishment of children in families be prohibited. In connection with the child’s right to physical integrity as recognized by the Convention, namely its articles 19, 28 and 37, and in the light of the best interests of the child, the Committee further suggests that the State party consider the possibility of introducing new legislation and follow-up mechanisms to prevent violence within the family, and that educational campaigns be launched with a view to changing attitudes in society on the use of physical punishment in the family and fostering the acceptance of its legal prohibition.”
(20 June 1995, CRC/C/15/Add.37, Concluding observations on initial report, paras. 14 and 25)

Legal status of corporal punishment of children in Canada