January 31, 2004
CANADA’S CONTRIBUTION TO THE WAR ON KIDDIE-TERROR:
Top court sets limits on spanking (Kirk Makin, The Globe and Mail, 31/01/04)
Parents can spank or use force on their children provided it is minimal and not the product of frustration or rage, the Supreme Court of Canada ruled yesterday.While the majority of judges were unwilling to prohibit the use of force altogether, they declared corporal punishment off-limits for children under the age of 2 and for teenagers. And they outlawed the use of objects such as rulers or belts, as well as slaps or blows to the head.
Teachers can no longer use any form of corporal punishment, the court added, although they may restrain pupils to gain compliance with their instructions.
The judgment went a long way toward meeting the concerns of critics of spanking, while at the same time leaving intact a Criminal Code defence that can be used by parents or teachers charged with assault who establish they used "reasonable force" on a child.
Chief Justice Beverley McLachlin said the defence will apply only in cases of "sober, reasoned uses of force that address the actual behaviour of the child and are designed to restrain, control or express some symbolic disapproval of his or her behaviour. Degrading, inhuman or harmful conduct is not protected."
This is being widely played as a defeat for activists and the caring professions and a triumph for family and common sense. It undoubtedly is, as no one was betting on the outcome and much of Europe has now criminalized all corporal punishment. Who is going to lament the fact it is no longer legal to punch your kid in the head in a blind rage?
This is the latest skirmish in the long campaign to extirpate all physical violence from society, whether with strangers, spouses, animals or children. That is surely a mark of civilized progress, but does there come a point where the self-control this requires can only be attained through maintaining an emotional distance from our loved ones? Does permanently sublimating human anger require the building of emotional walls within? And, if so, does it matter?
Anyway, should this issue come before the U.S. Supreme Court with its new-found fealty to international precedent, American traditionalists will be able to cite their northern neighbour’s common sense for once. You are most welcome.
I prefer, with only slight reservations, the view expressed by Bill Cosby's father: "I brought you into this world, and I'll take you out!"
Jeff:
Well, if we can't follow through on that anymore, there is still Alan Alda's great line from the Woody Allen film: "Somebody bring me my will and an eraser!"
Posted by: Peter B at January 31, 2004 9:19 AMPeter - I never heard that one - that is good!
Peter, are Canadians allowed to use force to defend themselves and their homes?
Posted by: Robert D at January 31, 2004 5:22 PMRobert:
Yes, although handguns are all but banned and rifles are pretty much restricted to the countryside. If you are referring to the British cases that get so much attention, I've never heard of anyone convicted for defending himself or his home unless the reaction was clearly disproportionate.
However, the potential for such madness is always there. We don't have the upfront ethic of proud self-reliance and property protection you do. It's seen more as a matter of common sense and we are not nearly as ideologically driven and controlled in this kind of thing as the Brits.
Posted by: Peter B at January 31, 2004 6:13 PM"they declared corporal punishment off-limits for children under the age of 2 and for teenagers"
You can smack a four year old but not a fourteen year old? I don't get it.
Posted by: Carter at January 31, 2004 6:15 PMCarter:
After aged twelve the doctrine of self-defence takes over.
Posted by: Peter B at January 31, 2004 6:59 PMWhile I generally concur with the Canuckistani guidelines on corporal punishment of children, let me suggest that state interference with parental prerogatives, absent risk of serious harm to the child, is a dangerous trend. This smells like an attempt to intrude the organs of Leviathan between parents and children preparatory to meddling with the culture of civil society.
Posted by: Lou Gots at February 1, 2004 1:48 PMI should send this to my mother. She is a liberal that, of course, refuses to recognize slippery slopes inherent in legislation even when they are pointed out to her.
When I was younger, however, she was also quite liberal in the way she used her wooden spoons to keep me in line.
Posted by: Jason Johnson at February 2, 2004 11:53 AMI got the belt, the hairbrush, the paddle, the switch, the palm, and, yes, the spoon. Somehow, I crawled into adulthood with no perceptible hatred of anyone, and with no desire to do harm to anyone.
Posted by: Chris at February 2, 2004 6:50 PM