441-01927 (Justice)

Our 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.