National Day for Truth and Reconciliation
The time is right to repeal s. 43
It’s been on the legislative agenda for 30 or more years, and the time has come for Canada to repeal Section 43 of the criminal code, known as the Spanking Law.
Section 43 is a law that instructs Canadian adults how and when they can hit children, and also offers them a defence in law when they do it. To jog your memory, here’s the criminal code section:
“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.”
In 2004 the Supreme Court removed reference to teachers, restricted hitting to kids between 2 and 12, and said you can’t use a stick, a spoon or a belt. You need to use your hand.
How absolutely obscene to have a law on the books which counsels hitting children and also tells them how to do it. This is a clear human rights issue which Canadian legislators must correct with the utmost urgency.
The Truth and Reconciliation Report’s Call to Action number 6 asks for repeal of S. 43. MP Peter Julian currently has a bill on the House of Commons order paper calling for repeal.
This Friday, Sept. 30, is the National Day for Truth and Reconciliation. We call on all MPs and Senators to take advantage of this day to pledge support for repeal of Section 43 and commit to approving the bill to repeal this odious law.
Kathy Lynn
Chair, Corinne’s Quest
604-258-9074
It’s time to finally protect children from the legal assault mistakenly presented as discipline. We need you and all the members of your network to support MP Peter Julian’s Private Member’s Bill C-273, calling for the repeal of Section 43 of the Criminal Code, by writing to their local Member of Parliament. We believe that most members of parliament are supportive but need to hear that constituents believe it is an important issue.
To help you in this regard we have attached a suggested letter which members can customize as they wish, or they can draft their own. You will notice that we have also provided a number of different arguments for repeal, to encourage writers to diversify their reasons for urging repeal.
It is important for your members to BCC me in their letters to their MP to enable us to track progress.(BCC Kathy@Corinnesquest.ca)
It is MP Julian’s hope that he can garner broad support in Parliament for Bill C-273.
Again, if there is anything more we can do to help you help us in this cause, please do not hesitate to ask.
Kathy Lynn
Chair: Corinne’s Quest
604-258-9074
Kathy@Corinnesquest.ca
Template of email to individuals asking for repeal of s. 43
To: Your MP To find out who it is, go to https://tinyurl.com/yckzkxzd
Then go down to Contact to get his email address
CC: Prime Minister Justin Trudeau – justin.trudeau@parl.gc.ca
Justice Minister David Lametti – david.lametti@parl.gc.ca
BCC: Kathy@corinnesquest.ca
Subject: Section 43 of the Criminal Code
We are writing you today to urge all MPs to repeal Section 43 of the Criminal Code of Canada. S. 43 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.”
MP Peter Julian (New Westminster-Burnaby) tabled Bill C-273 – on the order paper calling for the repeal of Section 43. I’m sure you have received submissions on this subject over the course of your time as an MP, and we believe it is now time for the House to act on this important and easily achievable initiative.
[Your principal argument
See page 2 for suggested paragraphs,
or compose your own. One or two of these paragraphs will suffice.
Please do not use all of them, but edit to your liking.
Thank you for your attention to this matter.
Sincerely,
Your name
Principal arguments favouring repeal
We believe that S.43 of the Criminal Code infringes on the civil rights of children. All residents of Canada deserve to be protected from bodily harm from any source, be that the courts, their teachers and other adult supervisors, their parents and the government itself. In the year 2022 it is inappropriate for a country with the civil rights record of Canada to still have a law on its books which not only permits and condones violence against children, but also offers protection to those who perpetrate that violence. We urge you to repeal s.43 at your earliest opportunity.
OR
Several years ago, the federal your government pledged to enact each of the provisions of the Report of the Truth and Reconciliation Commission (TRC). Call to Action #6 of that report clearly calls for the repeal of s. 43 and over the past few years Canadians have heard time and time again of the horrors perpetrated on indigenous children in government-mandated so called “residential schools”, by teachers and others whose abuses were protected by s. 43 of Canada’s criminal code.
We are calling for a clear and simple action on the part of the federal government, which I’m sure will receive support from all corners of the House and Senate: repeal s.43 at the earliest opportunity.
OR
Spanking is violence. Intimidation. Fear. It is not discipline. True child discipline teaches children right from wrong from an early age. It instils in them a respect for the rights of others, the laws of our land, and the proper way to conduct one’s self in public, including how to deal non-violently and effectively with conflict. That’s the hard work of parenting. The repeal of s. 43 of the Criminal Code will in fact support the work of many parents who choose to raise their children in a violence-free household. Please support repeal of s.43 at your earliest opportunity.
OR
In the past, various Canadian laws have condoned violence against
Slaves
Servants
Sailors
Prisoners
Apprentices
Wives
Dogs &
Children.
Today, Children are the only ones left on this list. Section43 was added to the Criminal Code in 1892. That’s 130 years ago and much has changed since then. The world’s attitude to gratuitous violence has forced us to forge a totally different path forward, leaving violence behind. Canadians’ current struggles against racism and other forms of hate and bigotry need to inform our attitudes to preserving the basic human rights of children. We ask that you vote to repeal s.43 as quickly as possible.
OR
In 1989 the United Nations Adopted the Convention on the Rights of the Child, And Canada signed on shortly thereafter. The convention states, among other things,
“States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.”
By maintaining Section43 on the books, Canada is clearly in violation of a treaty it signed, and Canada has been repeatedly reminded of this fact by the UN. This, and other reasons provides Canada with ample reasons to repeal s. 43.
OR
The Canadian Government has a proud history of respect for human rights. In 1972 we abolished the lash in our prisons. in 1976 – 46 years ago now — we abolished the death penalty. Section 43 now stands as the only section of the Criminal Code which actively condones violence. It has become our national embarrassment. Canada has failed at least twice in recent years in getting a seat on the UN Security Council. Its non-adherence to one of the UN’s key conventions did not help its cause in that regard. The time is long overdue for Canada to repeal s.43.
OR
Large volumes of peer-reviewed research from Canada, the US, Great Britain and other countries has clearly shown the harms to children which result from physical violence, even from a loving parent. All parents come to realize how much their children learn from their examples in everyday life. To grow up in a home where the adults resort to spankings or beatings to solved everyday problems cannot fail to teach children that bullying, threatening, fighting and other forms of violence are legitimate ways to achieve results. We can help end this cycle by repealing s. 43.
OR
Some believe that Section 43 of the Criminal Code will protect teachers from violent students in the classroom. S. 43 does not protect teachers. In 2004 the Supreme Court of Canada specifically removed reference to teachers from this section. Furthermore, BC banned use of the strap in schools in 1973, and most provinces have since followed suit. It is also widely acknowledged that lawlessness and chaos did not result. Teachers are not under threat in the absence of any protection from s. 43. Because schools are now essentially free from corporal punishment, most teachers would support repeal of s. 43.
the House to act on this important and easily achievable initiative.
[Your principal argument
Scroll down for suggested paragraphs,
or compose your own. One or two of these paragraphs will suffice.
Please do not use all of them, but edit to your liking.
Thank you for your attention to this matter.
Sincerely,
Your name
OR
Some believe that Section 43 of the Criminal Code will protect teachers from violent students in the classroom. S. 43 does not protect teachers. In 2004 the Supreme Court of Canada specifically removed reference to teachers from this section. Furthermore, BC banned use of the strap in schools in 1973, and most provinces have since followed suit. It is also widely acknowledged that lawlessness and chaos did not result. Teachers are not under threat in the absence of any protection from s. 43. Because schools are now essentially free from corporal punishment, most teachers would support repeal of s. 43.
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Be sure to cc your local Member of Parliament:
Right Honourable Justin Trudeau,
Prime Minister of Canada
House of Commons,
Ottawa, Ontario K1A 0A6
Justin.trudeau@parl.gc.ca
Honourable David Lametti,
Minister of Justice
House of Commons,
Ottawa, Ontario K1A 0A6
David.Lametti@parl.gc.ca
Karina Gould
Minister of Families, Children & Social Development
House of Commons,
Ottawa, Ontario K1A 0A6
Karina.Gould@parl.gc.ca
Honourable Pierre Poilievre
Leader of the Official Opposition
House of CommonsOttawa, Ontario K1A 0A6
Pierre.Poilievre@parl.gc.ca
Honourable Jagmeet Singh
Leader of the NewDemocratic Party
House of Commons,
Ottawa, Ontario K1A 0A6
Jagmeet.singh@parl.gc.ca