Child Abuse=“any form of physical, psychological, social, emotional or sexual maltreatment of a child whereby the survival, safety, self-esteem, growth and development of the child are endangered. The four main categories are: neglect, emotional, physical and sexual.”

The intention of this petition is to gain the attention of the Canadian Parliament in regards to Section 43 of the Canadian Criminal Code.

It is against the law to use any method of physical force towards human beings without their consent, and abuse toward animals is also illegal. Yet physical force toward a child is still admissible. Section 43 of the Canadian Criminal Code states: “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.” Physical force is allowable in regards to discipline, and within reasonable degree, however the terms 'correction' and 'reasonable' mean different things to different people.

How far is 'too far'? Statistics show that 69% of physical abuse cases resulted from inappropriate punishment. This section has the potential to give abusers a method of defence in abuse cases.

The United Nations 'Convention on the Rights of the Child' declares that all children, no matter the gender, race or religion, have the right to protection, education, adequate care and freedom. Section 43 would then appear to be in conflict with several areas of the convention. For instance, article 19 of the convention states that children have the right be protected from all abuse or injury, including neglect, physical and mental violence, and exploitation. How can we competently safeguard a child's safety, when there is a legal law allowing physical discipline toward children?

It is our public duty to protect children. According to Section 72 of the Child and Family Services Act, if we have reasonable grounds to suspect the abuse of a child and/or their rights, it is our legal responsibility to report our suspicions to the Children's Aid Society. This is especially the case for professionals working with children, such as teachers and child-workers.

“To have a specific code excusing parents is to suggest that assault by a parent is a normal and accepted part of bringing up children. It is not. While Section 43 stands, it is a constant excuse for parents to cling to an ineffective method of child discipline when better approaches are available.” - M. Blanchfield (2012); National Post

Physical discipline does not teach children right from wrong, rather it teaches them not to engage in bad behaviour in fear of getting punished, and it usually is not a deterrent for bad behaviour. The existence of this law has the potential to give parents and caregivers the excuse to continue using physical discipline as opposed to alternative, non-corporeal methods of discipline.

Reading over the Criminal Code of Canada Section 43, which allows the use of some physical force if the purpose is for ‘disciplining’ a child under the age of 18. Yet, the law allows for ‘corrective force’ of mildest forms. Stating that physical harm force because of anger or temperament cannot be used. Yet it is considered illegal if done in a degrading manner or any sort of bodily harm is exposed. The wordings should be more clarified instead of ‘bodily harm’ it should be able to mention in detail what is defined by those two words. Defining between the fine line in ‘spanking’ a child and ‘physical abuse’ becomes very thin in defining what is ‘okay’ to do. The usage of these terms needs to be properly defined in detail as confusion can result in an assault charge is misunderstood.

“ Rather than making spanking of children a crime, emphasis should be placed on educating parents on alternative forms of discipline. This could be done through parenting programs, which have been successful in teaching positive parenting and helping improve children's behaviour, offering them in the early years and when children enter school.” - Canadian Medical Association Journal (2012); Science Daily

If a complete change in the section cannot be made, then we hope to at least correct the wording, so that the boundaries and differences between the legal and illegal conceptions of 'reasonable correction' and 'child abuse' are clear.

By signing this petition, you are raising awareness and continuing the efforts to change this law and allow our children to experience a positive and healthy life, in which they are entitled too and deserve. Every child is an inspiration and they should be treated as equals. Thank you for signing this petition and making a positive impact on a child's life.

For further information, support and resources regarding child abuse, the following web-links are available:

Toronto Children's Aid Society:

http://www.torontocas.ca/

(416) 924 – 4646

BOOST - Child Abuse Prevention & Intervention:

http://www.boostforkids.org/

(416) 515 – 1100

Convention on the Rights of the Child:

http://www.ohchr.org/en/professionalinterest/pages/crc.aspx

Convention on the Rights of the Child (child-friendly language):

http://www.unicef.org/rightsite/files/uncrcchilldfriendlylanguage.pdf

Duty to Report & Section 72 of the Child and Family Services Act:

http://www.children.gov.on.ca/htdocs/English/topics/childrensaid/reportingabuse/abuseandneglect/abuseandneglect.aspx

References

Blanchfield, M. (2012, September 24). Canada’s spanking law must go, doctors say, calling it an ‘excuse for poor parenting’. National Post. Retrieved from http://news.nationalpost.com/2012/ 09/04/canadas-spanking-law-must-go-doctors-say-calling-it-an-excuse-for-poor-parenting/

BOOST Child Abuse Prevention & Intervention. (2014). Facts about child abuse. Retrieved from http://boostforkids.org/Resources/FactsAboutChildAbuse.aspx

Canadian Medical Association Journal. (2012, September 4). Canada should remove section of Criminal Code that permits physical punishment of children, expert argues. ScienceDaily. Retrieved March 4, 2014 from www.sciencedaily.com/releases/2012/09/120904121434.htm

Ministry of Child and Youth Services, (2010). Reporting child abuse and neglect: It (ISBN 978-1- 4435-0890-2). Retrieved from Queen website: http://www.children.gov.on.ca/htdocs/English/ topics/childrensaid/reportingabuse/abuseandneglect/abuseandneglect.aspx

Royal Canadian Mounted Police, (2008). What is child abuse?. Retrieved from website: http://www.rc mp-grc.gc.ca/pubs/ccaps-spcca/chi-enf-eng.htm

United Nations Human Rights, Convention on the Rights of the Child. (2012). Convention on the rights of the child. Retrieved from website: http://www.ohchr.org/en/professionalinterest/pages/ crc.aspx