Bill C-273

An Act to amend the Criminal Code (Corinne’s Quest and the protection of children)

This enactment amends the Criminal Code to repeal a provision that authorizes the correction of a child by force if certain criteria are met.

Criminal Code

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, as always, it is an honour to be able to enter into debate in this place on the important issues that Canadians face. I do so today on Bill C-273, understanding the complexities surrounding the debate we are having here when it comes to the issues of reconciliation, parenting and parental rights, and ensuring children are given the best and every opportunity to succeed in our country.

As one approaches the important discussion we have here, it is meant to be taken seriously and with a full understanding of what the implications of such a bill would be. I note that it is very simple; it is one line that would repeal section 43 of the Criminal Code. For those watching, who may not have the full breadth of understanding surrounding what section 43 of the Criminal Code is, it states:

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.

We have before us a bill that would take out something that has been the course of debate and a subject of debate in this country for the last half-century or so. In fact, I believe there have been around 30 bills brought forward endeavouring to accomplish this or something very similar to it.

I note first a process challenge that exists when it comes to this conversation taking place in the form of a private member's bill, and that is the limited time we have to address the many complexities surrounding this debate. Certainly, two hours of debate in this place and a short committee study is not nearly long enough to speak to the complexity that exists on a whole host of issues, which I will endeavour to get into during the course of this speech.

Let us be clear: Child abuse, as well as violence against children, is wrong and should always have been wrong. However, we have examples throughout our history where, unfortunately, it has been permitted and even state-sanctioned. What we have here is a disconnect, I would suggest, between what the bill purports to do and what the Criminal Code actually says. I emphasize this because there are no provisions in the Criminal Code that permit violence against children or child abuse.

I find it troubling that this has created a notion that one needs to support Bill C-273 in order to be opposed to violence against children. In reality, in terms of section 43, a number of Supreme Court challenges have taken place that brought forward the legitimacy of this. I note that the member for New Westminster—Burnaby failed to take into account some of the challenging nuances surrounding it, including some of the communities he referenced. That is part one.

I would also suggest that another important element is the process of reconciliation and how important it is to ensure that we continue to have that conversation in this country. In fact, I am very proud to be a part of the party that brought forward the apology for the government's role in the residential process, kicking off the Truth and Reconciliation Commission, which led to this report. I am very proud that we have been able to be strong supporters of the process of reconciliation. There is a need for that process to continue in order to ensure it is done in a way that gives every opportunity for meaningful reconciliation to take place.

Specifically, when it comes to Bill C-273, there are nuances in this debate that indigenous communities are concerned about with regard to the possible implications if we do not take into account every aspect of what this would mean for children, parents and educators in our country. Some of my constituents with indigenous heritage have shared this with me. It is unfortunate that, as with many other issues faced in this place, the voices of parents are not being meaningfully heard.

We have seen attempts, time and time again, to diminish the role played not only by parents but also by the family as a fundamental building block of society. Any attempt to see that diminished would be wrong. We can see the implications of this over the course of our recent history. We need to be very careful, as the family has done so much to build this country.

I would suggest that, when it comes to the state's involvement in matters such as this, in terms of removing a parent's right to parent their children as they feel fit and the appropriateness around what is reasonable, there is a fair discussion to be had. One of the most challenging things, when I hear these debates taking place, is that we see that this is a response to, especially, the conversation surrounding reconciliation.

We see how the things that were sanctioned by the state ended up causing such significant harm, specifically to children. Now we have the inability to have a reasonable conversation around a parent's role in raising their children and what could take away some of the tools that are available for a parent to do so. We have the state, the possibility of taking and, in some cases, even criminalization.

In fact, there is a concern raised by many parents, parental groups and a number of teachers, including teachers' organizations. I know that the members raised a host of organizations that support this. I can tell us, very clearly, that the support is not unanimous.

The history of the debate that we are having today speaks to that very thing: We have to have that fulsome understanding of what the implications of this would be. As we endeavour to understand this, it comes back to the need to be able to trust our parents to raise children. That includes ensuring that the reconciliation process is undertaken.

I would note, just in terms of a process question, that there is a similar bill in the Senate. It has passed second reading on division. It has not yet been studied in committee there.

I would suggest that the discussion we are having here is of a limited nature, but the widespread consequences that it could bring about for our nation are profound. If we do not take that seriously, we are certainly not doing our job as parliamentarians.

I would just note that the courts have ruled on this. In fact, the Supreme Court of Canada laid out very clear parameters for the use of physical correction and stated that section 43 does not extend to an application of force that results in harm or, and this is important, the prospect of harm.

I spoke before about how the Criminal Code has very clear and wide-reaching applications of what constitutes abuse and assault. To ensure that parents are able to have the full latitude required to raise healthy and productive citizens is absolutely fundamental.

I find it very concerning. Certainly, my constituents have reached out to me. Moreover, I have heard from a number of groups across the country, which have shared their concern that, if we allow section 43 to be removed without the appropriate conversations surrounding what the implications would be, we open ourselves up to allowing for further state control. This would not end up benefiting the children.

In conclusion, in fact, I noted that my Bloc colleagues and Liberal colleagues had noted a number of concerns that they have with the bill. However, I believe that the Liberals said that they would be supporting the bill going to committee. Those concerns should be taken very seriously. They necessitate further conversations and reasonable dialogue to ensure that we are doing what is best for our country and for the future of our children, as well as to ensure that we can have those reasonable and sometimes difficult conversations, so that we strike the right balance in this place.

I would simply say that I have followed this debate closely over both my years in Parliament and the years before as a parent. As somebody who cares deeply about our nation's future, my concern is that this bill simply does not facilitate the conversations that are required to have the meaningful dialogue about what raising children in Canada should look like in the future.

[Ken McDonald, Liberal, Avalon, NL]

Mr. Speaker, I am pleased to join second reading debate on Bill C-273, an act to amend the Criminal Code with respect to Corinne’s Quest and the protection of children, which was introduced by the member for New Westminster—Burnaby on May 19, 2022.

Bill C-273 proposes to repeal section 43 of the Criminal Code, which provides a defence to parents, caregivers and teachers who apply reasonable force to children in their care. For parents and those exercising parental responsibilities, section 43 applies to the use of corporal punishment. This means that parents can use mild physical force, such as spanking or light hitting, to discipline a child in their care. Section 43 also allows parents to use physical control to restrain or remove a child in appropriate circumstances. The defence is more limited for teachers, who may never impose corporal punishment. Section 43 protects only the teacher who uses reasonable physical control to restrain or remove a child in appropriate circumstances.

Bill C-273 engages highly sensitive issues such as parental authority, children's rights, the appropriate role of government and the line between appropriate parental discipline and child abuse. We know that Canadians hold a wide range of views about what constitutes an acceptable level of physical discipline when parenting or teaching a child. These divergent views have prompted debates about what behaviours are harmful enough that they should be prohibited, while keeping in mind that how one chooses to parent their child is a deeply personal matter. I welcome the opportunity the bill before us has provided to consider these important questions.

The government supports Bill C-273 and its important objective of protecting children from violence and abuse. However, we have heard some concerns from parents, especially from over-policed demographics, and teachers that they may be criminalized for reasonable actions such as minor uses of physical control that do not cause harm.

Section 43 has been part of the Criminal Code, and largely unchanged, since 1892. Its origins flow from the parental duty to protect and educate children. The defence typically applies in relation to assault charges, because assault is broadly defined in the Criminal Code as the non-consensual application of force. This definition captures non-consensual touching or even threats against another person, regardless of their age or whether or not physical harm or injury occurs. Section 43 represents Parliament's attempt to avoid criminalizing certain conduct by teachers, parents and caregivers, but its application today is not intended to protect against abusive and harmful conduct.

The Supreme Court of Canada, in its 2004 decision Canadian Foundation for Children, Youth and the Law v. Canada, found that section 43 is consistent with sections 7, 12 and 15 of the Canadian Charter of Rights and Freedoms, and clarified that the defence applies only to parents who impose minor corporal punishment “of a transitory and trifling nature”. The court also set certain parameters on the defence. For example, the defence applies only where the child is aged two to 12 and is capable of learning from the situation. No object may be used when applying force. The child's head must not be slapped. There can be no physical harm or reasonable prospect of harm and the adult must not be acting out of frustration or anger. The court limited the defence even further for teachers, who may use reasonable physical control only to maintain order or enforce school rules, such as removing a child from a classroom or securing compliance with instructions. The court emphasized that corporal punishment by teachers is never permitted. Since the Supreme Court of Canada decision almost 20 years ago, evolving research and information on the harms associated with the physical discipline of children has resulted in increased calls for the repeal or reform of section 43.

The government is committed to implementing all of the calls to action stemming from the 2015 final report of the Truth and Reconciliation Commission of Canada. Repealing section 43 would be one more step in accomplishing that commitment, as repealing it would be in alignment with call to action No. 6. This call to action was supported by documented evidence of widespread corporal punishment and abuse of children by staff in the residential school system, with the commission noting in its final report that “[t]he failure to develop, implement, and monitor effective discipline sent an unspoken message that there were no real limits on what could be done to Aboriginal children within the walls of a residential school.”

Those who favour the full repeal of section 43, including many civil society organizations and the United Nations' Committee on the Rights of the Child, argue that the current criminal law does not provide children with the same protection as adults. Furthermore, a growing body of medical and social science research indicates that corporal punishment has a detrimental effect on children. Corporal punishment places children at risk of physical injury, physical abuse, impaired mental health, a poor parent-child relationship, increased childhood aggression and anti-social behaviour, and increased violence and criminal behaviour as adults, thus perpetuating cycles of violence. Over 650 organizations in Canada endorsed the position that the physical punishment of children and youth has no positive effects, and they called for the same protection from assault for children as that given to adults.

However, the complete repeal of section 43 raises concerns in some sectors. For instance, some religious organizations, legal experts and organizations representing teachers, such as the Canadian Teachers' Federation, have opposed the complete repeal of section 43, as it may leave teachers and parents vulnerable to charges for minor or trifling physical contact with children, such as preventing a fight between siblings or removing a student from a classroom for their own safety or that of other students. Without a defence for parents, teachers and caregivers who apply reasonable physical force to children in their care, the assault provisions may apply. This is because the assault provisions cover a very wide range of behaviour, which includes minor applications of force that do not result in physical injury. This could capture, for example, a parent restraining a child to put them in a car seat. As I alluded to earlier, it may also have an unintended negative impact on populations that are over-policed and that are overrepresented in the criminal justice and child welfare systems, including the indigenous and Black communities, as well as members of other racialized groups.

International responses to the question of corporal punishment reflect the divergent positions on this issue and the need to achieve a balanced approach. A growing number of countries, including Sweden, New Zealand, Scotland and Germany, have repealed legislative provisions that are similar to section 43, in order to prohibit corporal punishment. By contrast, some jurisdictions, such as Australia, for example, continue to provide protection to parents who use minor corrective force against their children.

It may be worth considering whether the defence could be tailored to address these various concerns by excluding from the scope corporal punishment, while allowing it for parents, caregivers and teachers who use minor physical force that is both transitory and trifling. In other words, forms of corporal punishment such as hitting and spanking would be excluded in all cases. Such an approach would also recognize the shifts in research and evidence regarding the harms that physical punishment poses for children, while trying to ensure that parents, caregivers and teachers can use minor, non-harmful physical force without being exposed to criminal liability. Changes in this area of the law would also impact provinces and territories, given their jurisdiction over the administration of justice, education and the provision of child welfare services. For this reason, it would be important to provide some time before reforms come into force, in order to allow the various parties to prepare for their effective implementation.

We all recognize the important role that education plays in encouraging safe and appropriate parenting practices. The current government has always and will always continue to support parenting education programs that promote the non-physical discipline of children and alternative disciplinary choices, and it regularly releases public education material targeted toward parents. Any reforms relating to section 43 would need to be accompanied by an educational campaign informing parents and teachers of the changes to the law and teaching alternatives to physical punishment. The Government of Canada is unwavering in its commitment to ensuring the protection and physical safety of children across the country. Bill C-273 would provide a valuable opportunity to develop a modern approach to the discipline of children, one which would ensure that children are protected from harm, while supporting reasonable choices by parents, teachers and caregivers.

I look forward to studying the bill at committee.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I hope the member will listen to what Quebec’s child care centres are saying. They are asking members to pass Bill C-273. This is also what the Association québécoise des centres de la petite enfance, Association des centres jeunesse du Québec, Quebec local community service centres and nursing homes, and the Association des médecins en protection de l’enfance du Québec are calling for. All of these organizations support this bill. I will not name them all, because I could spend 10 minutes listing all of the Quebec associations and francophone organizations across the country that support this bill.

Certain court rulings were mentioned, and this is important. However, the organizations say that the court rulings create even more confusion regarding the physical punishment of children. This is why all of these Quebec organizations are asking members to vote in favour of Bill C-273.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Mr. Speaker, with all due respect to my colleague, I am of course completely opposed to Bill C-273.

First, the bill seeks to repeal section 43 of the Criminal Code, which deals with correcting a child. Section 43 clearly states that force must not exceed what is reasonable under the circumstances.

I am a father and an educator, and I was a school principal for 20 years. If I had to put something like this to my teachers, things would not go well. We are talking about reining in children in a school environment like we do when they are running amok and have to be stopped. Section 43 does not take this approach at all. No harm is done provided that an intervention is reasonable. I find it rather absurd that this is being associated with physical punishment.

The current bill talks about physical punishment. The Criminal Code certainly has a lot of provisions to deal with physical punishment. Can my colleague draw the line between physical punishment and a reasonable measure?

[Peter Julian, NDP, New Westminster—Burnaby, BC]

moved that Bill C-273, an act to amend the Criminal Code (Corinne’s Quest and the protection of children), be read the second time and referred to a committee.

Mr. Speaker, I would like to start off by acknowledging that Parliament is built on the unceded Anishinabe Algonquin territory. The peoples of the Anishinabe Algonquin nation have lived on this territory for a millennia. Their culture and presence have nurtured, and continue to nurture, this land, and we honour the people's land of the Anishinabe Algonquin nation.

That land acknowledgement is part of what we are attempting to do as a country in the reconciliation process of moving to put in place calls to action to ensure that we achieve lasting and meaningful reconciliation with first nations, Métis and Inuit peoples. We know about the horrific conditions in the residential schools. We know about the cultural genocide that killed thousands of children. Therefore, we know that as a nation we must respond.

I note that eight years after the tabling of the landmark truth and reconciliation report, we have still to implement many of the calls to action. That is what is before us today, call to action 6 on education, as a result of the Truth and Reconciliation Commission, which reads as follows, “We call upon the Government of Canada to repeal Section 43 of the Criminal Code of Canada.”

Section 43 is what permits physical punishment of children. It has yet to be implemented, which is fundamentally a repudiation of our attempts as a country to achieve that reconciliation. I believe that the adoption of this bill will take that meaningful step with respect to call to action 6 and its implementation, and it should be supported by all members of Parliament.

I reference that former senator Murray Sinclair believes that the death count that came from those residential schools could be five to 10 times higher than what was submitted and recorded as the number of children who died at the schools. The official figure is 4,100, but he believes it could be much higher.

I quote from the Toronto Star. It states:

When the churches and the government began the IRS system, the goal was to “kill the Indian in the child.” They aimed to assimilate these children into the new “dominant society...to suppress the Indigenous Peoples and begin appropriating the land and resources of this vast land. At the same time, the people suffered the loss of their most precious resource – their children.

It goes on to say, “To “kill the Indian in the child”” meant that it was “stolen from the children, literally cutting them off from everything they knew and should have learned. Corporal punishment is a polite “label” for the atrocities that were done to these children.”

Former national indigenous bishop Mark MacDonald of the Anglican Church of Canada has said this about section 43 of the Criminal Code, and the churches have responded, in their own drive for reconciliation, in supporting the idea that we would repeal section 43 once and for all and ban the legal physical punishment of people. He said:

Section 43 of the Criminal Code is a living and dangerous remnant of the system that caused such damage to Indigenous Peoples...Its repeal not only addresses the damage of the past, it safeguards the future of Indigenous children by removing the justification for the use of force in the discipline of children.

I note that on the website today, the Government of Canada, in its follow up to the 94 calls to action of the Truth and Reconciliation Commission, it says with respect to call to action 6:

Next steps

The Government of Canada continues to explore how best to respond to the Truth and Reconciliation Commission's Call to Action 6 to repeal section 43 of the Criminal Code.

The step forward is obvious; it is voting yes on Bill C-273. It is banning the use of physical punishment against children. It is taking that important step as a nation, and Parliament to do that in the next few weeks. In the vote that we will have in the New Year, all members of Parliament could join together to take that important step on reconciliation by voting yes to Bill C-273 to remove section 43, which permits the legalized use of force, the legalized use of physical punishment against children.

The bill is entitled, “Corinne’s Quest and the protection of children” because of Corinne Robertshaw. She passed away in 2013. As a lawyer working for the federal government, she was concerned about the reports of child injuries and deaths caused by parents and caregivers. She stated that the cause was physical punishment of children, and she was determined to end this practice. She founded Corinne's Quest.

Kathy and John Lynn from New Westminster, have been involved since the very beginning. Dawn Black, former member of Parliament of the House, is involved as well. Corinne's Quest has a network across the country.

The support in my community also comes from the Spirit of the Children Society. Ruth Weller, executive director wrote the following:

Good parenting begins by treating children with dignity and respect. In the past, Indigenous children were not given this right. Through the Residential Schools, a culture of pain and hurt was inflicted upon too many innocent children. These children were not given dignity nor respect. Instead, they were treated as property, forced to be bent to the will of the church and Government. Today, the Canadian Government has learned that this was wrong. Now, we can fix another wrong, by eliminating the pain-based behavior of child rearing. This is why we strongly support Bill C-273, as this is a Bill to meet the fundamental human needs to belong.

It is not just local organizations in my community that are calling on Parliament to adopt this bill. The joint statement on physical punishment of children and youth, which predates the Truth and Reconciliation Commission, was adopted 20 years ago, and continues to add signatories today.

Just some of the organizations that are calling on all members of Parliament to repeal section 43, just some of the organizations that are saying, “Let us ban physical punishment of children”, include: Amnesty International Canada; the Anglican Church of Canada; the Canadian Association for Community Living; the Canadian Association of Elizabeth Fry Societies; the Canadian Association of Occupational Therapists; the Canadian Association of Paediatric Health Centres; the Canadian Association of Paediatric Nurses; the Canadian Association of Social Workers; the Canadian Centre for Child Protection; the Canadian Centre for Ethics in Sport; the Canadian Child Abuse Association; the Canadian Child Care Federation; the Canadian Council of Child and Youth Advocates; the Canadian Dental Association; the Canadian Federation of University Women; the Canadian Foundation for Children, Youth and the Law; the Canadian Home and School Federation; the Canadian Institute of Child Health; the Canadian Medical Association; the Canadian Mental Health Association; the Canadian Nurses Association; the Canadian Psychological Association; the Canadian Public Health Association; the Canadian Red Cross; the Canadian Society for the Prevention of Cruelty to Children.

Over 700 national organizations, important regional organizations, are calling on all members of Parliament to adopt this bill. This is not something that comes with only the support of child advocates, but it is a universal truth that organizations that understand the negative impacts of physical punishment are all calling on members of Parliament to adopt the bill.

It is not just in Canada where the debate is being held. Over the last couple of decades, we have seen a massive shift in how people perceive physical punishment of children.

The following countries have banned physical punishment of children include South Korea, Japan, South Africa, France, Argentina, Brazil, Poland, Costa Rica, Greece, Ukraine, Germany, the Scandinavian countries, Scotland and Wales. Sixty-five countries and other regions around the world have all banned the physical punishment of children. By adopting this bill, Canada would become the 66th country internationally.

Some countries have refused to do this. I note that countries like Iran, Saudi Arabia and Russia still permit the physical punishment of children. However, when we look at our allies, when we look at democratic nations, they stand together in banning the physical punishment of children. Why? Because of numerous deep and profound research that has been done over the last few decades.

The American Psychological Association states:

Many studies have shown that physical punishment — including spanking, hitting and other means of causing pain — can lead to increased aggression, antisocial behavior, physical injury and mental health problems for children.

The Canadian Medical Association Journal makes the link “between “normative” physical punishment and child aggression, delinquency and spousal assault in later life.”

The Australian Institute of Family Studies states:

A meta-analysis involving over 160,000 children found that physical punishment can carry the risk of physical abuse...and can have similar negative outcomes for children: mental health and emotional challenges, lower cognitive ability, lower self-esteem, more aggression, more antisocial behaviour and negative relationships with parents.

The Canadian Child Care Federation talks about the “fear, anxiety, insecurity and anger” and the use of “aggression to solve problems” that come from physical punishment of children.

The evidence is very clear. Other countries, at a rate of one every four months, around the world are adopting a ban on physical punishment of children. The Truth and Reconciliation Commission clearly calls for it. Over 700 important national organizations are calling for it. Now is the time to adopt Bill C-273.

Bill C-273 constitutes an important initial follow-up on all of the work that has been done on the Truth and Reconciliation Commission's calls to action.

Call to action 6 calls for the repeal of section 43 of the Criminal Code of Canada, which currently legalizes the physical punishment of children. That is unacceptable, and it must be changed. Under this call to action, we have a responsibility to state very clearly that we need to eliminate this section of the Criminal Code that allows for the corporal punishment of children.

Over 700 national organizations are calling on the government to repeal section 43 in order to prevent the practice of physical punishment of children. That includes the Association des centres jeunesse du Québec, the Association des CLSC et CHSLD du Québec and the Association des médecins en protection de l'enfance du Québec. It also includes school boards, such as the Center-East Catholic School Council, the Conseil des écoles publiques de l'Est de l'Ontario, the Conseil scolaire catholique Franco‑Nord de l'Ontario, the Conseil scolaire francophone provincial de Terre‑Neuve‑et‑Labrador and the Conseil scolaire publique du Nord‑Est de l'Ontario. All of these organizations want Canada to join the 65 other countries that have already banned the physical punishment of children, including France, Germany, Brazil and others.

Indeed, the World Health Organization said that, “Corporal punishment is linked to a range of negative outcomes for children across countries and cultures, including physical and mental ill-health, impaired cognitive and socio-emotional development, poor educational outcomes, increased aggression and perpetration of violence.” This has been shown by all the studies out there, and 65 countries have agreed this practice must be banned. The Truth and Reconciliation Commission has asked us to do so, but this has been dragging on for eight years. Some 700 national organizations have asked the members of the House to vote in favour of Bill C-273.

I genuinely hope that all members will support this bill. This has been dragging on for eight years. Now is the time.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

moved for leave to introduce Bill C-273, An Act to amend the Criminal Code (Corinne’s Quest and the protection of children).

Mr. Speaker, I am very pleased to present this important legislation today, an act to amend the Criminal Code with regard to Corinne's Quest and the protection of children. I would like to give special thanks to my seconder, the dynamic member of Parliament for Nunavut.

As we well know, physical punishment of children is still legal in Canada, despite the fact that dozens and dozens of countries around the world have banned the practice. This bill seeks to repeal section 43 of the Criminal Code, which allows for physical punishment of children.

Corinne's Quest comes from Corinne Robertshaw, a lawyer for the federal government who saw first-hand the results of allowing physical punishment of children and the death and injury of children throughout the 1970s and 1980s. She started Corinne's Quest and it continues today. Despite her death, Corinne's Quest continues to advocate on behalf of children.

I would like to give special thanks to Kathy and John Lynn, constituents of mine in New Westminster—Burnaby, who are shepherding the push to ban physical punishment of children and repeal section 43.

I hope that all members of Parliament will support this important legislation.

(Motions deemed adopted, bill read the first time and printed)