What is the connection between the United Nations and Physical Punishment?

What is the connection between the United Nations and Physical Punishment?

Prime Minister Justin Trudeau wants to gain a seat on the United Nations Security Council.

The focus for this initiative has been on foreign policy.

But there is another issue that the Liberal Government could easily address.

On December 13, 1991, Canada formally ratified the UN Convention on the Rights of the Child. The Convention, which is a comprehensive statement on children’ rights, covers every aspect of a child’s life.

Corinne’s Quest: End Physical Punishment of Childrenis a campaign with a mission to end the legalized assault (spanking, smacking, slapping, hitting) of children in our homes. Accomplishing this would mean simply repealing S43 of the Criminal Code of Canada which is the section which permits and defines when and how parents can hit their children. (to learn more about S43 and Corinne’s Quest, simply press here.)

The presence of S43 in our Criminal Code is in direct conflict with the Un Convention. It seems to us, at Corinne’s Quest that our government should repeal S43 and come into line with the United Nations.

Wanting a seat on the UN Security Council while openly flaunting a basic right as set out in the UN Convention does not make sense.

There are, of course, other good reasons why the government should Repeal S43 and protect our children from assault in the home.

The Truth and Reconciliation Commission which the Government has promised to implement recognizes the problems with this section. Their Call the Action #6 asks for the Repeal of S43.

Section 43 is an archaic law which came into our Criminal Code in 1892 and reflects a 19th century belief that corporal punishment is an appropriate and necessary way to correct children. Most parents who continue to use corporal punishment are simply following a practice approved by Canadian law and custom since 1892. It is a national embarrassment that this law is still on the books.

It is important to repeal it because some parents see it as a justification to continue to hit children as a means of discipline. Other violence-prone people believe it offers legal permission to do so and protection from the law when they do.

It is the last remaining section that condones violence. It is the last section in the Criminal Code which shields a perpetrator of violence from criminal prosecution in the courts.

In the past, various Canadian laws have condoned violence against:

Slaves

Servants

Sailors

Prisoners

Apprentices

Wives

Dogs, and

Children.

Today, children are the only ones left on that list.

November 20 is National Child Day. Our Canadian Government can celebrate on behalf of all our children by simply repealing S43 of the criminal code of Canada.

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

Minster of Justice has missed the boat in dealing with family violence

Minister of Justice has missed the boat

in dealing with family violence 

Canada’s Minister of Justice has totally missed the point with her attempt to forestall domestic violence in Canadian families, according to a leading advocate for children’s safety.

“Where does the Justice Minister think young men suddenly get the idea to beat the hell out of their wives and girlfriends?” asks Kathy Lynn, chair of Corrine’s Quest, a campaign devoted to repealing Section 43, Canada’s spanking law.

“The idea of using violence to solve conflicts is first learned across a parent’s knee, when parents resort to spanking kids to change their behaviour”, she said.

She says Justice Minister Jody Wilson-Raybould’s approach is to use further punishment through police, the courts, even the bail system, to change behaviours. That’s much too late. In his role as Minister of Youth, Prime Minister Justin Trudeau must understand that young Canadians do not suddenly start believing that assault is the answer to frustration, disobedience or differences of opinion. They learn it when they are still kids.

“Using a bigger stick to solve violence problems has never worked,” said Lynn.  “It’s a comforting idea, it gives the impressing you are seriously doing something about the problem, but in fact you are making it worse by invoking the force of governments and the courts.

“We need to be working on the root causes, and the Minister’s reforms don’t do that. Little Johnny gets hit regularly and legally at home by his parents, so he learns that violence is an appropriate response to anger. He continues this behaviour into adulthood with his girlfriend. But suddenly it’s illegal. Makes no sense whatsoever.

Section 43 of the Criminal Code permits parents to strike children aged 2 to twelve “for correction”, and also offers parents a defence in law if they are charged with assault.

Lynn said Senate bill s.206, presented by Senator Murray Sinclair who chaired the Truth and Reconciliation Commission, offers a ready-to-go solution to the problem of repealing s.43.  The TRC’s sixth Call to Action also called for repeal.

For more information you can go to the article:Domestic Violence Starts Over the Knees of Parents

 

Canada’s Best Kept Secret

Canada’s Best Kept Secret

Today is National Child Day.  Did you know that? No, it’s our best kept secret. Last year the Prime Minister made a statement. But I can’t find one this year so let’s look back.

Social Media Posting on the Prime Minister’s Statement National Child Day.
In 2016,  Prime Minister Trudeau posted a statement on National Child Day.  Good for him for recognizing this often forgotten day. Among other comments he says that children deserve “to be raised in an environment that is free of violence.
He also notes that “the world has made significant progress in advancing children’s rights since the introduction of the UN Convention on the Rights of the Child.”
I am so pleased to see this statement because we know that in order to raise children free of violence the government needs to Repeal s43 of the criminal code which specifically permits the hitting of children.
We also know that Canada is a signatory to the UN Convention but because of the presence of s43 in our Criminal Code we are not currently in compliance with the Convention.
And taking a look from another perspective, the 6th Call to Action in the Truth and Reconciliation Commission asks for Repeal.
So, let’s do it.

 

What happens when discipline goes awry?

Sometimes child discipline goes awry
and a small child ends up in the morgue.

By Kathy Lynn

Dr. Charles Ferguson, an eminent pediatrician from Winnipeg and one of Canada’s leading child-abuse experts, used to say to me that all too often children end up in the hospital because of “discipline gone awry.” The most horrific cases end up in the morgue.

The body of toddler Anthony Joseph Raine, found in a snowbank near a church in Edmonton recently, is just such a case. He was dead when he was found, and his body was covered in bruises. His father and the father’s girlfriend have been charged with second-degree murder.

In Canada we have a law which permits assaults on children, our most vulnerable citizens, up to the point where that assault crosses an ill-defined and highly subjective line. In some cases as in the case of young Anthony, it ends in death.

Section 43 of our Criminal Code says:

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.

This section of the Criminal Code is duplicitous in that it not only instructs the perpetrators of violence against children on just how violent they can be, it then offers them a defense when they do so. Violence against children should be against the law, not defined by it.

I lead an organization called Corinne’s Quest which is dedicated to the repeal of Section 43 of the Criminal Code because it is barbaric, it denies our children the basic human right to safety and security the rest of us enjoy, and it is based on some neanderthal notion from our distant past that says hitting a child is a responsible way of teaching them right from wrong.

Thirteen years ago the constitutionality of Section 43 was challenged in the Ontario Superior Court of Justice, then through the Ontario Court of Appeal and finally on to the Supreme Court of Canada. Astonishingly, the Supreme Court found that beating a child did not infringe his/her human rights, if the beating was done in just the right way. The court’s split decision resulted in a judicial narrowing of the nature of the beatings Canadian children can now legally receive.

The Court set out a series of judicial limitations to assist in the interpretation of the justifiable or so-called “reasonable” limits of corporal punishment. Those judicial limitations (which again don’t appear in the Criminal Code) are as follows:

  • Only parents may use reasonable force, and solely for purposes of correction;
  • Teachers may use reasonable force only to remove a child from a classroom or secure compliance with instructions, but not merely as corporal punishment;
  • Corporal punishment cannot be administered to children under two or teenagers;
  • The use of force on children of any age incapable of learning from [it] because of

disability or some other contextual factor is not protected;

  • Discipline using objects or blows or slaps to the head is unreasonable;
  • Degrading, inhuman or harmful conduct is not protected, including conduct that raises a reasonable prospect of harm;
  • Only minor corrective force of a transitory and trifling nature may be used;
  • The physical punishment must be corrective, which rules out conduct stemming from the caregiver’s frustration, loss of temper or abusive personality;
  • The gravity of the precipitating event is not relevant; and
  • The question of what is “reasonable under the circumstances requires an objective test and “must be considered in context and in light of all the circumstances of the case.”

These are now the court-ordered rules on how you can legally beat children in Canada. On the second birthday of her twins, my daughter wryly observed to me that under Canadian law they were now old enough to be beaten.

Dr. Fergusson’s observation about discipline gone awry makes the point. Invariably, parents who strike their children says it is for purposes of discipline, and it may well be. The point is, it is absolutely the wrong way to discipline children. We cannot give parents carte blanche to whack their children and then act surprised when they go too far and the child is physically hurt or killed.

There are 52 countries around the world who have banned all physical punishment of children. Why don’t we join them? After all, we have banned executions and physical punishments in prisons. What if we decided to give children the same human rights as all other citizens and ban all legal assault no matter what the age of the child?

It’s time. This is not a big step.  Most Canadians today agree that it’s time to repeal S43 of the Criminal Code. It’s time to end the family violence caused by the right to assault children. It’s easy. Repeal S43 of the Code and at the same time implement the 6th Call to Action in the Truth and Reconciliation Commission.

May, 2017


 

Dawn Black wants spanking banned

From the New Westminster Record, June 17, 2015

Dawn Black lobbies for change to spanking laws

Former MP and MLA Dawn Black is part of a committee urging the federal government to change the Criminal Code to prohibit spanking.

Former New Westminster MLA and MP Dawn Black is fighting to change the Criminal Code so spanking is no longer allowed.

Black is part of a committee that’s seeking to repeal the section of the Criminal Code that permits the hitting of children.

“I worked on it in the House of Commons and pushed for it,” Black told the Record. “A friend of mine is a parenting expert who has had this on the side of her desk for a number of years. She has now retired and has decided to put more effort into it and put together a committee. She asked me to help with it.”

Black said research shows that spanking doesn’t work as a parenting tool and can be harmful to kids.

“The research is rock solid. It doesn’t work and it can be harmful. So why would you keep doing that?” she said. “Why would you have it in your own Criminal Code? It’s like a statement – our country says it’s OK to hit kids. I don’t think that’s good.”

According to Black, nearly 50 countries have banned the hitting of children, but Canada and the United states are “behind the times” where laws are concerned. At a time when society is trying to model non-bullying behaviour, she said it’s time to change the law.

“It used to be in the Criminal Code that you could hit your wife, you could hit your apprentice, you could hit your slave, you could hit a variety of people,” she said. “The only one that’s left there is that you can hit your children.”

Black said the recent Truth and Reconciliation Commission recommended that Section 43 of the Criminal Code be repealed, as a result of the physical discipline and abuse that occurred at residential schools. Section 43 is the section of the Criminal Code that permits spanking.

“It’s hard to get governments to move,” she said. “There are people who will tell you ‘I got hit as a kid, it didn’t hurt me.’ People model the behavior their parents had, which is one of the things to come out of the truth and Reconciliation Commission –  generational damage goes down three or four generations because people model the way they were raised.”

http://tinyurl.com/ol7tnca

Raffi joins Corinne’s Quest

June 17, 2015

Raffi joins Corinne’s Quest to work for an end to the physical punishment of children.

Raffi Cavoukian, world-renowned Canadian troubadour and author, has agreed to join the steering committee of Corinne’s Quest—an organization dedicated to helping parents discover positive, nonviolent ways to raise responsible self-disciplined children.

In announcing his support, Raffi noted that the goals of Corinne’s Quest – to end physical punishment of children and to advocate for enlightened and nonviolent parenting styles – have long been part of his Child Honouring philosophy.

“The principles that underlie my Covenant for Honouring Children include Conscious Parenting and Nonviolence,” said Raffi. “I am honoured to join in helping Corinne’s Quest to provide a safer, more enlightened and violence-free future for Canada’s children.”

“We are making this announcement near Father’s Day because of the critical role fathers play in child-rearing. It is also a time when all parents can reflect on this important job and consider their parenting styles,” he said.

Raffi founded the Centre for Child Honouring Centre on Salt Spring Island, BC in order to advance Child Honouring as a universal ethic and an organizing principle for societal transformation.

Kathy Lynn, parenting speaker, author and life-long advocate for ending the physical punishment of children, chairs Corinne’s Quest. The organization is named in honour of Corinne Robertshaw, a lawyer who dedicated her life to seeking repeal of Section 43—a part of Canada’s criminal code that permits the hitting of children under certain circumstances.

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For information on Corinne’s Quest, visit www.corinnesquest.ca

For information on Raffi and Child Honouring, visit www.childhonouring.org

Media contacts:

Kathy Lynn — 604-258-9074

Kim Wiltzen (for Raffi) – kwiltzen@sentex.net, 519-787-1234

 

TRC Calls For Repeal of Section 43

Group hails Truth & Reconciliation Commission for calling on government to repeal Section 43, which permits hitting children

“We are delighted to hear that the Truth and Reconciliation Commission has recommended repeal of Section 43 of the Criminal Code as one of its 94 recommendations,” said Kathy Lynn, chair of a group which is dedicated to ending physical punishment of children in Canada.

“The injury and harm which came to generations of First Nations children in residential schools, which was condoned and permitted under this section of the criminal code, brings international shame to our country,” said Lynn.

“The Government of Canada should heed the recommendation of the Commission and hear the voices of millions of Canadians who want to repeal this section of the criminal code. There is no political downside, no costs involved. Simply repeal Section 43,” she said.

We commend the TRC for giving high priority to this recommendation. This would put Canada among the more than 40 countries that have banned physical punishment of children.

“This is something the government can do easily and immediately,” she said. As Justice Sinclair stated, words are not enough. If government were to take this action tomorrow it would show they are serious about moving forward on the recommendations of the TRC in a decisive manner.

At various times in Canada, laws have permitted hitting slaves, servants, apprentices, prisoners, wives, dogs and children. Because of Section 43, children are the only ones left on that list.

Kathy Lynn is the chair of Corinne’s Quest, an organization dedicated to helping parents discover positive, not-violent ways to raise responsible self-disciplined young adults. They are also committed to the repeal of Section 43 of Canada’s criminal code, which permits hitting of children under certain circumstances. The organization is named in honour of Corinne Robertshaw, a lawyer who dedicated her life to seeking repeal of Section 43.

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