44th Parliament223Government response tabledMarch 18, 2024e-4595e-4595 (Justice)KyleSquarekZiadAboultaifEdmonton ManningConservativeABOctober 11, 2023, at 9:09 a.m. (EDT)January 9, 2024, at 9:09 a.m. (EDT)January 31, 2024March 18, 2024January 9, 2024Petition to the <Addressee type="3" affiliationId="" mp-riding-display="1">Government of Canada</Addressee>Whereas:Parental alienation is the process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent;Statistics show that up to 25% of parents nationwide, engage in this behavior. based on current research, over 22 million adults have been targets of parental alienation and 3.9 million children have been alienated from one of their parents;Though these forms of behavior against the alienated parent can lead to mental health disorders such as, depression, anxiety and PTSD, the trauma it causes the child is much worse. the devastating effects on children include, but are not limited to, low self esteem, self hatred, anger, guilt, disconnection, lack of trust, depression, anxiety and PTSD; andThere is absolutely no reason to keep your child from the other parent, unless that parent is a danger to the well being of the child. a person's ability to maintain a stable relationship with you, does not mean they are not capable of being a parent. a child is a human being, not a possession!We, the undersigned, parents, fathers, mothers, call upon the Prime Minister to get laws enacted, that would make parental alienation a form of child abuse, that is punishable in a criminal court of law. And by supporting this petition, you are ensuring that alienated parent's voices are heard and most importantly, that children are being removed from abusive parental care.
Response by the Minister of Justice and Attorney General of Canada Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary James MaloneyProtecting children is and always has been a top priority for our government, children are our great nation’s future and protecting them is a responsibility our government takes very seriously, and we will continue to uphold that responsibility with unwavering dedication. When a parent believes a parenting arrangement order no longer meets the best interests of the child, they can seek a variation of that order, including variation of parenting time through the family justice system. Family courts can make several types of orders to address the situation without the need for families to involve the criminal law system.Changes to the Divorce Act, which came into force on March 1, 2021, emphasize the importance of focusing on children’s best interests. The amendments include a list of best interests of the child criteria to help guide courts when deciding parenting arrangements. Courts must prioritize the safety, security and well-being of the child above all other considerations. A new best interests of the child criteria reflects the importance of a child’s relationship with each spouse. They include the child’s needs, given the child’s age and stage of development, the nature and strength of the child’s relationship with each spouse, and the presence of family violence and its impact on the ability and willingness of a person to care for and meet the needs of a child. In determining the best interests of the child, courts must consider each spouse’s willingness to support the child’s relationship with the other spouse. When making an order related to parenting time, courts must ensure that the child has as much time with each spouse that is in the child’s best interests.Family courts are also best placed to address situations where children resist or refuse parenting time with a parent after parental separation or divorce. A child’s resistance or refusal to have contact with a parent should be examined within the context of family court orders and consideration of the best interest of the child, and not via the criminal courts.
Child abuseJoint child custodyParents
44th Parliament223Government response tabledJanuary 29, 2024441-01927441-01927 (Justice)BradVisMission—Matsqui—Fraser CanyonConservativeBCNovember 20, 2023January 29, 2024October 27, 2023Petition to the Government of CanadaWHEREAS:
  • Section 43 of the Criminal Code of Canada exempts every "schoolteacher, parent or person standing in place of a parent" from criminal liability for "using force by way of correction toward a pupil or child" in their care;
  • This outdated Criminal Code provision does not align with modern standards of conduct for teachers and prevents parents from seeking justice when their children are abused by teachers; and
  • Parents should not have to worry about their children being abused by teachers, who are meant to care for and educate them.
THEREFORE:We, the undersigned citizens and permanent residents of Canada, call upon the Government of Canada to remove schoolteachers' exemption from criminal liability for using corrective force against a child in their care under Section 43 of the Criminal Code of Canada.
Response by the Minister of Justice and Attorney General of Canada Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary James MaloneyOur Government is committed to protecting children from all forms of violence. The Criminal Code contains general criminal offences to protect all persons from violence, including children. It is a crime to assault or threaten to assault someone, no matter their age. Assault is broadly defined in Canadian criminal law to include any intentional use of force against another person without their consent. This includes any non-consensual touching, directly or indirectly, of a person regardless of the amount of force used. Slapping, shaking, punching, pinching, kicking, or any other form of unwanted touching are all examples of actions that constitute an assault. It is also a crime to unlawfully confine a person against their will, for example by restraining them or restricting their movement, either physically or by controlling conduct, such as through fear, intimidation or other similar psychological means.Further, the abuse of a child in the commission of an offence is an aggravating factor for sentencing purposes. This means that the crime is treated more seriously and can result in a longer sentence.Section 43 of the Criminal Code provides a defense to teachers, parents and caregivers against criminal charges for certain conduct but is not intended to protect against abusive and harmful conduct.The Supreme Court of Canada (SCC), in its 2004 decision Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), found that section 43 is consistent with the Charter and provided guidelines that limit the scope of the defence. Specifically, the SCC clarified that teachers cannot use corporal punishment under any circumstances (i.e., physical force to discipline student behaviour). Teachers may only apply reasonable force to maintain order or enforce school rules (e.g., removing a child from a classroom).Our Government will continue to monitor Bill S-251, An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada’s call to action number 6), and Bill C-273, An Act to amend the Criminal Code (Corinne’s Quest and the protection of children), which propose to repeal section 43 of the Criminal Code, as they make their way through the legislative process.
Child abuseCorporal punishmentCriminal Code
44th Parliament223Government response tabledMay 12, 2023e-4265e-4265 (Justice)MarcLevasseurAlainRayesRichmond—ArthabaskaIndependentQCJanuary 19, 2023, at 12:43 p.m. (EDT)March 20, 2023, at 12:43 p.m. (EDT)March 29, 2023May 12, 2023March 21, 2023Petition to the <Addressee type="2" affiliationId="" mp-riding-display="1">House of Commons in Parliament Assembled</Addressee>Whereas:It is unacceptable that in 2023, section 43 of the Criminal Code, which came into force in 1892, authorizes parents and their representatives to use force to inflict corporal punishment as long as the force is reasonable;The definition of “reasonable force” is subjective and variable;Canadian legislation must evolve to reflect society’s values;Canada abolished the use of corporal punishment toward adults in 1972;Research shows the negative effects of corporal punishment;Canada has ratified the Convention on the Rights of the Child, article 19 of which requires that children be protected from all forms of physical or mental violence, abuse and maltreatment;The United Nations Committee on the Rights of the Child has repeatedly recommended that Canada prohibit corporal punishment; Ninety-two countries have already abolished or are in the process of abolishing corporal punishment;The long history of violent corporal punishment in Indigenous residential and day schools, as well as in church-run residential schools, schools and orphanages across Canada, has harmed and scarred hundreds of thousands of children;The Government of Canada has committed to implementing the Calls to Action of the Truth and Reconciliation Commission of Canada, including Call to Action No. 6 calling for the repeal of section 43.We, the undersigned, Canadian citizens and residents, call upon the House of Commons in Parliament Assembled to repeal section 43 of the Criminal Code.
Response by the Minister of Justice and Attorney General of Canada Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary Gary AnandasangareeThe Government is committed to protecting children from all forms of violence, in accordance with the United Nations Convention on the Rights of the Child. The Criminal Code contains general criminal offences to protect all persons from violence, including children. Further, the Criminal Code contains a number of offences that specifically protect children. When an offence of any kind is committed against a child, a court must treat this as an aggravating factor for sentencing purposes. This means that the crime is treated more seriously and can result in a longer sentence.It is a crime to assault or threaten to assault someone, no matter their age. Assault is broadly defined in Canadian criminal law to include any intentional use of force against another person without their consent. This includes any non-consensual touching, directly or indirectly, of a person regardless of the amount of force used. Slapping, shaking, punching, pinching, kicking, or any other form of unwanted touching are all examples of actions that constitute an assault. It is also a crime to unlawfully confine a person against their will, for example by restraining them or restricting their movement, either physically or by controlling conduct, such as through fear, intimidation or other similar psychological means.Section 43 of the Criminal Code is a limited defence to criminal liability for parents, persons standing in the place of parents, and teachers for the non-consensual application of reasonable force to a child. This defence is only available in a narrow set of defined circumstances. In 2004, the Supreme Court of Canada limited the availability of that defence to reasonable corrective force that is minor and reasonable under the circumstances. Importantly, the Court also held that teachers may not use force for physical punishment under any circumstances.Parents, persons standing in their place, and teachers have a critical role to play in the daily nurturing, education, care and protection of children.All 94 Calls to Action made by the Truth and Reconciliation Commission of Canada are important to the Government and they serve as one of many pathways to reconciliation. While progress has been made, there is more work to do and the Government remains committed to this effort. The Government continues to explore how best to respond to Call to Action #6.The Government opposes the use of physical discipline on children and continues to support parenting education and discourage such practices, including through investments in family violence prevention initiatives and the development of publications such as ChildAbuse is Wrong: What Can I Do? and Criminal Law and Managing Children’s Behaviour.In addition to protections under the Criminal Code, every province and territory has laws to protect children from family violence and abuse. These laws allow the state to take action where a child is in need of protection from physical, emotional or psychological harm or neglect. Many provinces and territories also have laws and policies that prohibit the use of physical punishment of children in foster homes, childcare settings such as daycares, as well as in schools.Our Government will continue to monitor Bill S-251 and Bill C-273 as they make their way through the legislative process.
Child abuseCorporal punishmentCriminal Code