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Permanent link (DOI): https://doi.org/10.7939/R3BG62

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The "Spanking Defence": An Analysis of Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) and the Future of Reasonable Correction of Children by Force in Canada Open Access

Descriptions

Other title
Subject/Keyword
corporal punishment
Canadian Foundation
reasonable correction
spanking
corrective force
Type of item
Thesis
Degree grantor
University of Alberta
Author or creator
Rosborough, Megan
Supervisor and department
Anand, Sanjeev (Faculty of Law)
Examining committee member and department
Yahya, Moinuddin (Faculty of Law)
Hogeveen, Bryan (Sociology)
Department
Faculty of Law
Specialization

Date accepted
2011-01-07T14:39:26Z
Graduation date
2011-06
Degree
Master of Laws
Degree level
Master's
Abstract
What actions constitute reasonable correction (or reasonable corporal punishment) of children pursuant to section 43 of the Criminal Code has been the subject of much legal debate in recent years. In this thesis, I argue that the Supreme Court of Canada’s analysis of section 43 in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) (2004) failed to sufficiently delineate the justification, as demonstrated by the fact that the Court’s ruling has subsequently been manipulated and misinterpreted by lower courts across Canada. The post-Canadian Foundation jurisprudence has established a need for clarity, both with respect to the scope of section 43 and the provision’s proper application. I argue that Parliamentary reform of section 43 is required and I conclude by suggesting an amendment to the justification that seeks to incorporate current social science views on the issue and resolve the post-Canadian Foundation issues.
Language
English
DOI
doi:10.7939/R3BG62
Rights
License granted by Megan Rosborough (mer@ualberta.ca) on 2011-01-05T17:30:24Z (GMT): Permission is hereby granted to the University of Alberta Libraries to reproduce single copies of this thesis and to lend or sell such copies for private, scholarly or scientific research purposes only. Where the thesis is converted to, or otherwise made available in digital form, the University of Alberta will advise potential users of the thesis of the above terms. The author reserves all other publication and other rights in association with the copyright in the thesis, and except as herein provided, neither the thesis nor any substantial portion thereof may be printed or otherwise reproduced in any material form whatsoever without the author's prior written permission.
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