Section 43 of the Criminal Code of Canada gives parents and teachers a right and legal defense when they discipline their children physically. During the landmark 2004 ruling, the Supreme Court of Canada upheld a provision in section 43 of the Criminal Code by a 6-3 margin, which does not constitute of unusual and cruel punishment.
The limitations of the law are that the force of spanking the children cannot exceed what is reasonable under the circumstances and only parents and teachers may use the reasonable force. The main reason of the limitation in the section 43 of Criminal Code is that the punishment should be a corrective one rather than out of frustration or loss of temper.
However, according to the professor of University of British Columbia and a registered forensic psychologist, Jan Cioe, most of the time people spank their children out of aggression instead of taking a corrective action and it’s about time that we do something about section 43.
“It’s easier to say ‘never’ under any circumstances than it is to say, when done by a reasonable person at a reasonable time. It’s just cleaner. When most people do it, the concern is often times people use force (and) do it under these circumstances where they’re angry and they use more force than is necessary and they’re not really doing it to correct. They tend to be black and white. People have different versions of what is accepted,” Cioe said, according to theprovince.com.
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