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.
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.
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 firstname.lastname@example.org
The Kids of Jack Hulland Elementary
- Timeline Part 1 (Class Action Lawsuit)
- Timeline Part 2 (RCMP)
- Section 43 of the Criminal Code of Canada
- The Statement of Claim
- The Yukon Child and Youth Advocate’s Office
- The [Missing] Kids of Jack Hulland Elementary
- Week 1 Summary
- The Federal NDP Attempt to Repeal Section 43 of the Criminal Code of Canada (Bill C-273)
- UPDATE: Bill C-273
- Senator Stan Kutcher and Bill S-251 to Repeal Section 43
- Truth and Reconciliation Call to Action 6
- The Rights of Children
- The Public Education System in the Yukon
- Ronald Morrish – Discipline that Harms
- Ethical Practice and the Teaching Profession
- Recap and FAQ
- Childhood Trauma – ACES
- The long-term impact of physical abuse of children
- What we know about corporal punishment of children