Wednesday, September 19, 2012

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?