At common law parents and those in the place of parents such as guardians have the right to inflict corporeal punishment for the purpose of correction provided that the amount of force used is not unreasonable. Under s. 43 of the Criminal Code a similar justification for the use of force by way of correction toward a pupil or a child. The court indicated that the section should be strictly interpreted and applied. It did not justify the use of force by mental health staff to discipline mentally disabled adults. Whether force has been applied for the purpose of correction will depend on whether there has been any misconduct on the part of the child to warrant a measure of discipline.
Most cases turn on the issue whether a reasonable amount of force was used.
The seriousness of the misconduct. The age and character of the child. The likely effect of the punishment on this particular child. The degree of gravity of the punishment. The circumstances under which the punishment was inflicted.