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Thread: Spanking Law Upheld By Supreme Court

  1. #1
    MagicNakor's Avatar On the Peripheral
    Join Date
    Nov 2002
    Parents can legally spank their children, the Supreme Court ruled Friday.

    Six justices voted to uphold Section 43 of the Criminal Code, which allows parents and authority figures to use "reasonable force" on children under their care. But they applied new limits to the century-old law.

    A seventh ruled that Section 43 infringes children's equality rights under the Charter of Rights and Freedoms but that the infringement was acceptable based on Section 1 of the Charter, which allows "reasonable limits" on rights and freedoms.

    Two justices dissented.

    The majority ruled that parents cannot use corporal punishment on infants or teenagers, cannot strike with objects and cannot hit the head of a child.

    The general rule, set out by Chief Justice Beverley McLachlin, is that for corporal punishment should be legally acceptable it must involve only "minor corrective force of a transitory and trifling nature."

    The case was brought by The Canadian Foundation for Children, Youth and the Law, which argued in court that a law which allows children to be hit renders them second-class citizens, unshielded by the same protectinos as everyone else.

    Federal government lawyers did not argue in favour of spanking but warned that cancelling Section 43 could leave parents liable for prosecution every time they touch their children. They argued that the law, as it stands, strikes a balance between the needs of parents and the rights of children.

    A criminal lawyer said Friday that the fact that the case was even heard by the Supreme Court shows that social mores are changing quickly.

    "We're just not yet at the point of being able to say that a parent spanking their child is something that the state should get involved in, I think that's what they're saying," Rick Storey told CTV Newsnet.

    "I think attitudes are changing. In 15 or 20 years, I would suspect we wouldn't be having this conversation, in that the child's rights will be absolutely paramount and society will have outlawed the behaviour.

    "But if you go back 20 year or 30 years, when some of us grew up, I can remember being strapped by my principal, and that was entirely acceptable by society."

    Section 43 dates from the late 19th-century, but has been updated several times.

    A 2002 poll found that half of parents reported that they or their spouse had inflicted "light corporal punishment" on their children, while 6 per cent confessed to exposing their kids to "painful corporal punishment."

    A more recent study of Ontario and Manitoba mothers with preschoolers found that while 70 per cent have disciplined their children with force at least once, more than half believed spanking their children was ineffective and ultimately harmful.

    In a high-profile 2002 case in Prince Edward Island, a 78-year-old former nun and head of a religious commune, was convicted of assaulting five children with a wooden paddle. Her argument that "they were born with the devil in them, which had to be beaten out," was rejected by the judge, who found that the punishments went beyond reasonable. She was sentenced to eight months in jail.

    Another case in southwestern Ontario, this one involving religious fundamentalists who believed that the Bible insists on corporal punishment, resulted in the children's temporary removal from the family.

    In that case, a judge later ruled that the social worker had not violated anyone's constitutional rights by removing the children.

    Oliver Moore, The Globe and Mail
    These types of cases have been in contention for a number of years now here. Although it doesn't say it there, the definition of "infant" was a child two and under.

    I'm glad the Supreme Court finally ruled on it, and ruled sensibly. A swat on the bum doesn't hurt anyone, and the last thing parents need is having to deal with a bratty kid who runs around singing "You can't do anything or they'll take me away!" (even though bratty kids already do that) when misbehaving.

    things are quiet until hitler decides he'd like to invade russia
    so, he does
    the russians are like "OMG WTF D00DZ, STOP TKING"
    and the germans are still like "omg ph34r n00bz"
    the russians fall back, all the way to moscow
    and then they all begin h4xing, which brings on the russian winter
    the germans are like "wtf, h4x"
    -- WW2 for the l33t

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  3. The Drawing Room   -   #2
    FuNkY CaPrIcOrN's Avatar Poster
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    Oct 2002
    Louisville Kentucky
    The ASS was made by GOD for a lot of reasons.This being one of them.

  4. The Drawing Room   -   #3
    Join Date
    Apr 2003
    god im glad they ruled this today. i thought our country was turning into a pansy

  5. The Drawing Room   -   #4
    Arm's Avatar Poster
    Join Date
    Jul 2003
    a well
    Spanking is kinky.

    Well, the kind I am thinking of. If my parents beat me then ide hit them back. If only I was a violent person ide do alot more.

  6. The Drawing Room   -   #5
    Busyman's Avatar Use Logic Or STFU!!!
    Join Date
    Apr 2003
    Washington D.C.
    Originally posted by Arm@3 February 2004 - 03:31
    Spanking is kinky.

    Well, the kind I am thinking of. If my parents beat me then ide hit them back. If only I was a violent person ide do alot more.
    oh please sighhhhhhhhhhhhhhh
    Silly bitch, your weapons cannot harm me. Don't you know who I am? I'm the Juggernaut, Bitchhhh!

    Flies Like An Arrow, Flies Like An Apple

  7. The Drawing Room   -   #6
    The ability to spank is neccessary. When you have a kid throwing a tantrum you cannot always send them to their room. Reasoning with them will not work when they are getting worked up.

    But the spanking does not need to be hard. I myself will give my children a couple of chances to do as they are told, but will give them a light spanking and a firm voice if they do not.

    This is usually a spanking that has less force then when we are playing around. They will laugh at the playfull spank but will get all teary eyed at the one accompanied by the firm voice.

    It should just be a little something to get their attention where it needs to be.

    Peace of mind Findnot

    No time to work out? Try Folding instead.

  8. The Drawing Room   -   #7
    Rat Faced's Avatar Broken
    Join Date
    Aug 2002
    No one supports beating up kids, but spanking is sometimes needed.

    The problem for governments is that some parents dont know where one starts and the other they make matters worse by intervening.

    I believe Dr Spock eventually admitted he was wrong, wonder when Governments will realise that too?

    An It Harm None, Do What You Will

  9. The Drawing Room   -   #8
    I was getting worried they were going to have to stop spanking the prisoners at Guantanamo Bay.

  10. The Drawing Room   -   #9
    j2k4's Avatar en(un)lightened
    Join Date
    Nov 2002
    Oh, please...
    The question is here begged:

    When does spanking become a beating?


    When does porn become PORN?
    Barack Obama: Over-par on the golf course, sub-par everywhere else.

  11. The Drawing Room   -   #10
    Biggles's Avatar Looking for loopholes
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    Jul 2003
    Although the Canadian ruling appears to be a victory for common sense, reading the fine print would seem to suggest that cattle prods and leg irons are no longer allowed. Shome mishtake shurely?
    Cogito cogito ergo cogito sum

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