Repealing Section 43
“We call upon the Government of Canada to repeal Section 43 of the Criminal Code of Canada”
-TRC, 2015 Final Report
This is the first Call to Action in the Education Category, and the 6th Call to Action listed out of all 94. As of August 2020, nothing has been done to start the process of meeting this Call to Action.
Section 43 of the Criminal Code of Canada
This section of the Canadian Criminal Code is often referred to as the ‘Spanking Law’. It allows caregivers (including parents and educators) to use force on a child as a form of punishment or correction as long as “the force does not exceed what is reasonable under the circumstances” (Government of Canada). You can read this law here.
It has been narrowed down, now force can only be used on a child between the ages of two and twelve and cannot be done in anger. As well, objects cannot be used to create force (like a ruler or a belt, which both used to be used for ‘strapping’), and the child’s head cannot be hit.
The Canadian government committed to repealing Section 43 of the Criminal Code after the TRC Calls to Action were released; however, there was no plan released as to how or when this would happen.
Why Repeal It?
This piece of legislation allowed (and could still allow) children to be physically abused at school. Although it has since been updated (in 2004), shrinking the scope of circumstances where force is allowed to be used on a child, it has a negative history. As well, it still justifies using force against a child, and could be abused by those in positions of power who work with children.
In Residential Schools, thousands of survivors recount being abused in these institutions by their teachers/caregivers at the school. Students were beaten, strapped (hit on the hand or back with a belt or ruler), and abused in other horrific ways. However, the people perpetuating this abuse were safe under Section 43 of the Criminal Code, which they often used to justify their abuse.
A 2001 report found that “69% of physical abuse cases result from inappropriate punishment”; so this is still very relevant today.
What Has Been Done and What Can Be Done?
As I mentioned earlier, Section 43 of the Criminal Code has yet to be repealed. There was a bill introduced in 2015 to repeal this law, but it was stalled at its second reading and has made no progress since. Some lawmakers have cautioned against changing this law, arguing that sometimes light force is necessary to help a child (like if you pull them back when they are walking into the street and a car is coming). However, Canada made a commitment to fulfilling all 94 Calls to Action when they mandated the TRC. Therefore, we have a commitment to see this Call to Action be completed.
This Call to Action is pretty straightforward: repeal Section 43. The work to get there does not seem as straightforward because we cannot change the law ourselves.
What Can You Do?
Be an advocate!
On an individual level, there is not much one can do. We do not individually have the power to change a part of the Criminal Code. However, we do have the ability to advocate for this change, to write to lawmakers and policy makers, to organize protests about it, to start a petition, and to spread awareness.
Write to your MP to inform them about it, teach your family and friends about it, and find platforms to speak up about it.