S-209
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
SENATE OF CANADA
BILL S-209
An Act to amend the Criminal Code (protection of children)
first reading, January 27, 2009
THE HONOURABLE SENATOR HERVIEUX-PAYETTE, P.C.
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SUMMARY
This enactment removes the justification in the Criminal Code available to schoolteachers, parents and persons standing in the place of parents of using force as a means of correction toward a pupil or child under their care. It replaces it with a new provision.
It provides the Government with up to one year between the dates of royal assent and coming into force, which can be used to educate Canadians and to coordinate with the provinces.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
senate of canada
BILL S-209
An Act to amend the Criminal Code (protection of children)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. Section 43 of the Criminal Code is repealed and replaced by the following:
Control of child
43. (1) Every schoolteacher, parent or person standing in the place of a parent is justified in using reasonable force other than corporal punishment toward a child who is under their care if the force is used only for the purpose of
(a) preventing or minimizing harm to the child or another person;
(b) preventing the child from engaging or continuing to engage in conduct that is of a criminal nature; or
(c) preventing the child from engaging or continuing to engage in excessively offensive or disruptive behaviour.
Definition of “reasonable force”
(2) In subsection (1), “reasonable force” means an application of force that is transitory and minimal in the circumstances.
COMING INTO FORCE
Coming into force
2. This Act comes into force one year after the day on which it receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Criminal Code
Clause 1: Existing text of section 43:
43. 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.