Corinne’s Quest

FOR IMMEDIATE RELEASE

January 25, 2023

Protecting kids from violence in the home is a human rights issueChildren have the same human right as adults in Canada, says Kathy Lynn, one of Canada’s leading proponents for repeal of Section 43 of the Criminal Code, the spanking law.

“This is not debatable. It’s not sometimes. it’s not except in certain situations. It’s not when an adult decides otherwise. Children have human rights, and being safe from violence from adults – whether parents, teachers or anyone else – is fundamental.”

The current debate about repeal of Section 43, with bills now on the order papers in both the House of Commons and the Senate, has spawned a wide array of arguments and opinions on the subject.

The UN’s Convention on the Rights of the Child, which Canada endorsed in 1991, is crystal-clear on this subject. Nobody, including parents, is entitled to hit or harm a child.

“Parents do not have rights. They have responsibilities,” said Lynn. It is their duty to provide for their children as they grow into adulthood, and that responsibility does not confer on them the legal right to inflict violence on them.

In the modern era most progressive parents understand this, but not all. Some parents argue that spanking works. They confuse fear of another beating with deciding to change behaviour. The research clearly demonstrates that children brought up in a violent household often resort to violence in adulthood to solve their conflicts with other people.

“Repealing Section 43 is only a beginning. Providing parents with insights and skills to deal humanely and effectively with children’s misbehaviours is an equally Important next step.

Kathy Lynn is chairs of Corinne’s Quest, a Canadian organization dedicated to repeal of Section 43.

 

Lametti simply needs to repeal S. 43

 “Isn’t it lovely that all the politicians are against hitting kids, according to an article on today’s (Jan. 24) Globe & Mail.  Problem is, they’ve been saying that for 30 years and I see no moves to repeal Section 43.”

There are now bills in both houses, Stan Kucher’s bill in the Senate and the house bill sponsored by MP Peter Julian, says Kathy Lynn, who chairs Corinne’s Quest, the main national group dedicated to repeal the law that allows hitting kids.

There have been private members bills in the House and the Senate for 30 years now, and I have worked in support of each and every one of them, she said.  But no government has moved toward repeal.

“I am heartened by the comments from justice minister Lametti’s staff, who have indicated the government is seeking the right opportunity to repeal Section 43.

“I have told justice minister Lametti time and again that his task is simple. Just repeal the bill. That’s all that’s required,” said Lynn.

“The bill as written does not protect children.  It defines how adults can hit them, and it offers a defense in law for those who do. It’s scandalous. We don’t need a law that instructs us how we can legally hit our children.”

She said MP Julian’s bill is simple in its elegance.  It simply says, ‘Section 43 of the criminal code is repealed’.  That’s all we need.

Corrine’s Quest is named to honour Corinne Robertshaw, a former government lawyer who dedicated her life to repeal of Section 43.

– 30 –

FOR IMMEDIATE RELEASE

MAY 19, 2022

 

NDP BILL TO PROHIBIT CORPORAL PUNISHMENT åAGAINST CHILDREN IN CANADA

 

OTTAWA  – Today, NDP House Leader Peter Julian, MP (New Westminster-Burnaby) tabled Bill C-273, An Act to amend the Criminal Code (Corinne’s Quest and the protection of children), to repeal of Section 43 of the Criminal Code that permits physical punishment of children in Canada. Every single child in Canada should have the care and opportunities that they need to succeed and thrive – without exception.

 

Bill C-273 is seconded by NDP MP Lori Idlout (Nunavut), and would amend the Criminal Code to end all physical punishment of Canada’s children. Corinne’s Quest was formed in 2014 in honour of Corinne Robertshaw, a lawyer who dedicated her life to seeking to repeal Section 43.

 

It is still legal in Canada for parents and legal representatives to physically assault their children under certain circumstances.  Parents can use « reasonable force » for purposes of correction. Teachers can also use « reasonable force » depending of the context. It is the judge that has the last word in deciding whether or not the use of force is acceptable.

 

Kathy Lynn, chair of Corinne’s Quest which is dedicated to the repeal of Section 43 of the Criminal Code believes it is finally time to give Canada’s children the same protection against assault which is enjoyed by all its citizens. “Violence against children should be against the law, not defined by it,” stated Lynn.

 

“Corinne’s Quest continues to advocate on behalf of children. A special thanks to Kathy and John Lynn who are constituents of mine in New Westminster—Burnaby, who are really shepherding the push to ban physical punishment of children and repeal section 43. I hope that all members of Parliament will support this important legislation”, said MP Julian.

 

Physical punishment on children have severe consequences. Sweden was the first country to ban it in 1979. Today, 63 countries have banned physical punishment of children, and Canada still lags behind.

 

The NDP is committed to taking meaningful action in the fight to protect children and their right from being harmed by their parents and legal representatives. Bill C-273 will ensure that our children are safer under the law of Canada. New Democrats call on the Liberal government to adopt the clear measures in this bill and put an immediate end to the corporal punishment of all children in Canada.

 

 

 

The Canadian Coalition for the rights of children and youth, a group of academics who have extensive material to back up the concept that physical punishment does harm and fails as a means of discipline. They recently had a webinar and that can be seen at  https://rightsofchildren.ca/resources/ (it’s the first one webinar) or here on YouTube: https://youtu.be/Xss8AoZpPSEr. It was presented by Joan Durrant & Valerie Michaelson, and titled  Canada’s Children Deserve Protection from Violence: A Call to Action.

Corinne’s Quest 

Suite 1805, 719 Princess Street • New Westminster BC Canada V3M 6T9 • 1-604-258-9074 • www.corinnesquest.ca

News Release

For Immediate Release

Nov. 20, 2019

Child Mental Health Issues Can Begin 

Over the Knees of Their Parents

Today, Nov. 20, is National Child Day. It’s the day in 1989 we signed the UN Convention on the Rights of the Child, a pledge which we still do not honour. 

The UN has repeatedly warned us that Canada remains in violation of this pledge because of Section 43 of our criminal code which still permits and condones assaults on the nation’s children.

Many children today are anxious. They require increased mental health resources to cope with heightened anxiety levels, and part of the problem is domestic violence. 

When children are continually struck and spanked as a form of discipline, the more likely they are to defy their parents and to experience increased anti-social behaviour.  According to a meta-analysis of 50 years of research on spanking by experts at The University of Texas and the University of Michigan, aggression, mental health problems and cognitive difficulties can be attributed to continued spanking.

“it’s to our nation’s shame that we still have this law on the books,” said Kathy Lynn. “Today, 58 countries now have laws which specifically ban physical punishment of children in any way for any reason. I regret to say Canada’s name is not on that list.”

Lynn is the chair of a Corinne’s Quest, a national organization dedicated to protecting childrens’ right to be free from violence in any form. They call for repeal of Section 43 of the Criminal Code, also known as ‘the spanking law’.

In 2016 Prime Minister Trudeau made a statement strongly supporting National Child Day and made specific reference to protecting the personal security of children. “Since that date CQ has met with the Minister of Justice and have spoken to MPs and Senators and their staff including the PMO to urge them to follow up on the Prime Minister’s statement, to no avail,” said Lynn.

“We know that public sentiment in largely in favour of repeal and most MPs support us as well, but the government has failed to act.”

• The UN and most of the world’s governments are in favour of repeal.

• The Truth and Reconciliation Commission’s report calls for repeal.

• Most provinces now have laws or policy on the books banning the strap.

• Research overwhelmingly warns of harms to children, including physical injury but also teaching children that violence is a means for dealing with problems.

• Section 43 denies children their basic civil rights.

• Child-serving organizations and professionals including doctors and lawyers have voiced their support for repeal.

What the criminal code says

Section 43 of the Criminal Code of Canada

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.
 R.S.C., 1985, c .C-4

CQ’s position

Violence against children should be against the law, not defined by it. 

Decades ago in Canada, it wasn’t a criminal assault to physically beat 

slaves, 

servants, 

apprentices, 

prisoners, 

dogs, 

wives, and 

children. 

In today’s Canada, only children are still on that list.  

CQ’s request is simple:  Repeal Section 43 of the criminal code.

There is no need for replacement legislation, or a re-write of the existing law, or new conditions placed on Section 43. Senator Murray Sinclair has an appropriate draft law for this purpose. Existing laws dealing with the various levels of assault are sufficient, and existing laws also deal effectively with self-defence or protecting a child from harm, or breaking up a schoolyard fight.

This new parliamentary session provides an ideal opportunity for all parties to come together to jointly support a bill to repeal s.43.

• 30 –

For information on Corinne’s Quest, see their website at corinnesquest.ca

For more information you may contact:

Kathy Lynn, chair, at 604-258-9074