The Kids of Jack Hulland Elementary – Section 43 of the Criminal Code of Canada

Warning: This multi-part series deals with the physical abuse of vulnerable children in the public school system. If you or someone you love is experiencing trauma-related symptoms from physical abuse, please seek help. Resources in Canada can be found here: https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/services.html For children, Kids Help Phone: Call 1-800-668-6868 (toll-free) or text CONNECT to 686868.

What does the Criminal Code of Canada state regarding the use of force by one person on another? In Canada, assault is defined as follows:

Section 43 of the Criminal Code of Canada exists to protect parents and teachers who use force on children.

Don’t we all wish that ALL violence against children would stop? Hurting children is not an effective way to enforce behaviour correction.

“The evidence is clear and compelling — physical punishment of children and youth plays no useful role in their upbringing and poses only risks to their development. The conclusion is equally compelling — parents should be strongly encouraged to develop alternative and positive approaches to discipline.”

Joint Statement on the Physical Punishment of Children and Youth

When teachers believe that they can restrain and seclude children without consequence, because they are protected under Section 43 of the Criminal Code, children are at risk.

Children have rights. Canada signed the United Nations Convention on the Rights of the Child on May 28, 1990, and ratified it on December 13, 1991. In particular, Article 19 states that governments and those with authority must take all possible steps to ensure children are protected from all forms of violence while in the care of adults.

Section 43 permits the violation of children’s rights. There have been many attempts to repeal this section of the Criminal Code of Canada, including the Truth and Reconciliation Call to Action 6, several attempts in the Canadian Senate and the Canadian House of Commons (including 2 current attempts), and an attempt through the Supreme Court of Canada in 2004.

We will examine the history of this section of the Criminal Code of Canada over the next few installments.

References

Section 43 of the Criminal Code of Canada: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-43.html

United Nations Convention on the Rights of the Child: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child

Senator Stan Kutcher – Second reading of Bill S-251 to repeal Section 43 of the Criminal Code of Canada:

Class Action Lawsuit: Were you (or someone you know) a student at Jack Hulland Elementary School in Whitehorse, Yukon during the years 2007 to 2022? You may be entitled to compensation as part of a class action lawsuit against the Yukon Department of Education. Please contact Tucker-Carruthers Yukon Law for more information. Website: https://tuckercarruthers.ca/ or contact Heather Jordan, Paralegal at 867-667-2099 or email hjordan@yukonlaw.com

Who I Am: My name is Donna Miller Fry. I was Superintendent of Schools in Whitehorse, Yukon when I became aware that prior to my arrival, children at Jack Hulland Elementary School were being restrained and secluded as a method of discipline – for years. I (and others) reported this to the RCMP on November 29, 2021. Since then, the Department of Education has admitted the inappropriate use of restraints and seclusion. The victims have resorted to legal action to obtain professional support in addressing the impacts of trauma. This can never happen again in the public school system. By telling this story, I hope to empower education leaders to ensure vulnerable children are never again the victims of abuse in the very place that should be dedicated to their flourishing.