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Can a Teenage Child be Disciplined With Force?
In 2004, the Supreme Court of Canada considered the constitutionality of section 43 of the Criminal Code in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) (2004) 234 D.L.R. (4th) 257.
Section 43 is the section of the Criminal Code that provides a defence to parents and teachers who use force to discipline a child. It reads:
"Every school teacher, 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."
Then in 2006, a father was criminally charged for assaulting his 15 year old daughter. He relied on section 43 to defend himself on this charge.
The father's name is Barry. He was 57 years old and was married for 37 years. He and his wife raised their 4 daughters. This case related to his youngest daughter.
She was rebellious, had been sneaking out at night without her parents' permission and was not attending school. They were most concerned about her relationship with her boyfriend. They believed him to be violent and involved with drugs. They suspected their daughter was also taking drugs.
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