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


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.

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

The Kids of Jack Hulland Elementary

  1. Introduction
  2. Timeline Part 1 (Class Action Lawsuit)
  3. Timeline Part 2 (RCMP)
  4. Section 43 of the Criminal Code of Canada
  5. The Statement of Claim
  6. The Yukon Child and Youth Advocate’s Office
  7. The [Missing] Kids of Jack Hulland Elementary
  8. Week 1 Summary
  9. The Federal NDP Attempt to Repeal Section 43 of the Criminal Code of Canada (Bill C-273)
  10. UPDATE: Bill C-273
  11. Senator Stan Kutcher and Bill S-251 to Repeal Section 43
  12. Truth and Reconciliation Call to Action 6
  13. The Rights of Children
  14. The Public Education System in the Yukon
  15. Ronald Morrish – Discipline that Harms
  16. Ethical Practice and the Teaching Profession
  17. Recap and FAQ
  18. Childhood Trauma – ACES
  19. The long-term impact of physical abuse of children
  20. What we know about corporal punishment of children

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