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

• Author / Creator

  Rosborough, Megan

• 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.

• Subjects / Keywords

  • Canadian Foundation
  • Corrective force
  • Reasonable correction
  • Spanking
  • Corporal punishment

• Graduation date

  Spring 2011

• Type of Item

  Thesis

• Degree

  Master of Laws

• DOI

  https://doi.org/10.7939/R3BG62

• License

  This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.