Corporal Punishment – My Thoughts

“…the nurse has me stand up and show the policeman the scar on my chest. Without hesitation, I tell him it was an accident; which it was – Mother never meant to stab me. I cry as I spill my guts, telling them Mother punishes me because I am bad”

                                                             (Pelzer, D. 1995, 10).

Years ago I read a book titled A Child Called “It”, which was written by Dave Pelzer. The book chronicled the author’s life growing up under serve abusive conditions that had originally started out as physical discipline to correct his behaviour. Years after, I still recall the book and the accounts that were detailed and I think about how fine a line physical discipline and physical abuse are, especially in the eyes of the child.

If pain is inflicted in a moment of anger by a person of authority over a child, the force used in corporal punishment is likely to exceed what is reasonable. However, if corporal punishment to correct behaviour is used with no feelings of anger attached, it is possible to suggest that force be reasonable.

Growing up from a Caribbean background physical discipline by way of spanking was the norm. It was used to correct my behaviour which, in retrospect, I think my parents were justified for using.

I mentioned in my first post that the difference between physical discipline and physical abuse is the “reasonable force” that is used to cause pain. As mentioned, Canada’s law continues to find corporal punishment on children legal. Yet, at the centre of the debate of corporal punishment is the term “reasonable”, which continues to remain ambiguous. Fortunately, where the lines of “reasonable” become blurred, Canada’s legal system is able to use case law and judicial discretion to determine if corporal punishment was exceeded into an unacceptable act of abuse.

International Law on Corporal Punishment – The United States and Canada

Hello everyone,

In my last blog posting I selected three online journal articles that briefly touched on international laws regarding corporal punishment on children. What the articles seemed to summarize was that corporal punishment is a societal issue where the views of physical discipline are either accepted or rejected by various generations and/or cultural groups. As well, it is an issue that is either dealt through specifics law(s) or is an issue that must be dealt with through court systems.

The United States is unique in the sense that each state has its own jurisdiction for dealing with corporal punishment in the school system whereas in Canada the issue is dealt with on a federal level.

The following video link is a 3:50 min VLOG that I found on YouTube by an American man who has a strong opinion on the use of corporal punishment in Canada. What’s interesting is his commentary on Canada’s seemingly reluctant stance on the use of physical discipline. His VLOG sends the message that Canada, as an entire nation, refuses to enforce physical discipline on children; however what he ends up doing is confusing an advocacy group for Canada’s law on corporal punishment. The VLOG is an interesting piece from an American’s perspective on Canadians’ use of corporal punishment, which I encourage you to watch. And as always, I would love to hear your commentary after viewing this clip.

http://www.youtube.com/watch?v=EyQRMp6ot28

International Laws on Corporal Punishment

Hello everyone,

In my last blog I discussed Canada’s law regarding corporal punishment, which was allowed under section 43 of the Criminal Code. In today’s blog I will touch upon some international laws regarding corporal punishment on children.

Physical discipline on children is a debatable topic, so it is no surprise that different jurisdictions have different laws that apply to the issue.  After reviewing some online journals, it appears that corporal punishment is an issue that revolves around culture and society.

Online journals, such as Corporal Punishment of Children: A Multi-Generational Perspective by Asher Ben-Arieh and Muhammad M. Haj-Yahia, discuss that corporal punishment is as much as a generational matter as it is a societal and legal issue. The article, which focuses on Israeli Jewish families as a target population for their generational study, notes that as of 2004 countries such as Sweden and Germany have prohibited corporal punishment, while countries like the UK have legislated its use and counties, such as Israel, has dealt with the issue through their legal system (Ben-Arieh, A. & Haj-Yahia, M. 2008, 687).

In another online article titled Jamaican Child-Rearing Practices: The Role of Corporal Punishment, the authors, Delores Smith and Gail Mosby discuss the role of corporal punishment as an approved method of child rearing. They note that in some cases, the severity of physical punishment on children might be viewed as too harsh in Western cultures whereas it is acceptable in Caribbean cultures (Smith, D. & Mosby, G., 2003).

Finally, in another article titled Paddling and Pro-Paddling Polemics: Refuting Nineteenth Century Pedagogy, Irwin A. Hyman, Jacqueline A. Stefkovich and Shannon Taich breakdown the acceptability of corporal punishment in various U.S. states. They explain that corporal punishment can only be accepted when it uses “reasonable” force; however “reasonable” force is vague term where its interpretation could mean an illegal act in Pennsylvania and New Jersey, but a legal act in Texas  (Hyman, I.A., Stefkovich, A.J. & Taich, S., 2002, 75). Ultimately, the article addresses the fact that several states have their own laws regarding the acceptability of corporal punishment.

In my next blog I will continue my discussion regarding the United States’ perspective on corporal punishment on children versus Canada’s law on corporal punishment. In the meantime, I encourage readers to share their opinions regarding this matter.

SOURCES:

Ben-arieh, A., & Haj-yahia, M. (2008). Corporal punishment of children: A multi-generational perspective. Journal of Family Violence, 23(8), 687-695.

Hyman, I. A., Stefkovich, J. A., & Taich, S. (2002). Paddling and pro-paddling polemics: Refuting nineteenth century pedagogy. Journal of Law and Education, 31(1), 74-84.

Smith, D. & Mosby, G. (2003). Jamaican Child-Rearing Practices: The Role of Corporal Punishment. Adolescence, 38(150), 369-381.

Canada’s Laws on Corporal Punishment

Hello everyone,

In my last posting I briefly outlined what Canada’s law was in regards to corporal punishment.
In today’s post, I will delve further to Canada’s legal position on corporal punishment on children.
As mentioned, the updated August 2012 version of the Criminal Code states, under section 43 that:

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.
                                                                    (Section 43 of the 2012 Criminal Code).

 

The Parliament of Canada site notes that this part of the Code first appeared in 1892 in Canada’s first Criminal Code, with the “removal of masters and apprentices” (Barnett, 2008) from the original wording, which had stated under then section 55:

It is lawful for every parent, or person in the place of a parent, schoolmaster or master, to use force by way of correction towards any child, pupil or apprentice under his care, provided that such force is reasonable under the circumstances.
                                (Barnett, 2008 citing Section 55 of the 1892 Criminal Code).

 

In reading this particular section it would appear that Canada has a lenient policy in child disciplining. The wording seems to imply that striking a child is allowed under certain circumstances and that without any limitations to follow this section that physical discipline, and the methods in which discipline is applied, is open to interpretation.

In 2000, an application by the Canadian Foundation for Youth, Children and the Law (the “Children’s Foundation”) to the Superior Court of Justice was dismissed by Justice McCombs on July 5, 2000. The issue that had been the basis for the application was that section 43 of the Criminal Code was unconstitutional under the Canadian Charter of Rights and Freedom, where section 43 violated sections 7, 12 and 15(1) under the Charter (2000 CanLII 22397 (ON SC)).

In 2004, the Supreme Court of Canada dismissed the appeal filed by the Canadian Foundation for Youth after concluding that section 43 of the Criminal Code did not infringe on sections 7, 12 and 15(1) of the Canadian  Charter (CanLII, [2004] 1 SCR 76, <http://canlii.ca/t/1g990>). Thus, section 43 was not stricken from the Criminal Code.

Now that Canada’s law on corporal punishment on children has been discussed, the next blog posting will discuss international examples of corporal punishment on children.

 

SOURCES:

See s. 43 of Criminal Code of Canada August 2012.
 
Barnett, L. (2008). The “Spanking” Law: Section 43 of the Criminal Code. Retrieved from http://www.parl.gc.ca/content/LOP/ResearchPublications/prb0510-e.htm.

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2000 CanLII 22397 (ON SC), <http://canlii.ca/t/1w0ws> retrieved on 2012-09-23.

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4 (CanLII), [2004] 1 SCR 76, <http://canlii.ca/t/1g990> retrieved on 2012-09-23.

Introduction - What is Corporal Punishment?

Hello everyone:

 

Welcome to my blog where I will be discussing corporal punishment, or more specifically the topic: “what are Canada’s current laws regarding corporal punishment of children and do they need reform?” I will also comparing international examples of corporal punishment.

I’d love to hear your opinions, so please post your thoughts and comments with regards to the material posted. I also ask that we respect everyone’s opinions. That being said, I’d like to begin with a brief synopsis on what corporal punishment is and the current law regarding corporal punishment in Canada.

WHAT IS CORPORAL PUNISHMENT:

 

So what is corporal punishment? Well, remember when you were a child and you did something wrong and you got a spanking by your parents as a form of punishment? Do you remember if the spanking hurt a lot or was it just enough so that you would correct your behaviour and not get into trouble again?

Essentially, corporal punishment is physical punishment that is meant to inflict pain. The difference between corporal punishment and spanking, which is a form of physical discipline, is the reasonable force that is applied and the intent of pain.  

WHAT’S THE LAW?

 

Under Section 43 of the Criminal Code, with regards to Correction of child by force, section 43 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.

With the key word being “reasonable”; the force that is applied to disciplining a child remains at a fine line for what someone may call “reasonable” and others may call force beyond “reasonable”. It is when force exceeds “reasonable” that a child is subjected to corporal punishment. At least, that’s my interpretation.

I would love to hear your thoughts with regards to section 43 of the Criminal Code. How do you feel about use of force on disciplining a child? What are your thoughts on corporal punishment?