Canada's Spanking Law Upheld by Appeals Court

TORONTO, Canada - A century-old law that allows parents to spank their children does not violate fundamental principles of Canadian justice, an appeals court ruled on Tuesday.The Ontario Court of Appeal in Toronto upheld the law, saying parents, teachers and caregivers may use reasonable force to discipline a child, as long as the force is not abusive.The appeals court judges agreed with a July 2000 decision in which Justice David McCombs dismissed an action by the Canadian Foundation for Children and the Law to strike down Section 43 of the Criminal Code, which allows corporal punishment in certain circumstances.The foundation's lawyer, Cheryl Milne, said she was obviously disappointed with the appeal court's ruling. Although it makes a strong statement of what is wrong with corporal punishment that causes injury, she said the ruling does not acknowledge that children are people too and that they have equal rights.Marvin Bernstein, director of policy development for the Ontario Association of Children's Aid Societies, said the court did attempt to limit the scope of section 43. The ruling condemns corporal punishment of very young children and teenagers and the use of objects and slaps to the head. Milne said the ruling will likely be appealed to the Supreme Court of Canada. Among those that sought to uphold the law was the Canadian Teachers' Federation."It reaffirms our position that Section 43 has nothing to do with condoning physical abuse or corporal punishment," said Marilies Rettig, past president of the teachers' group."It recognizes the reality of teachers today and there are times when teachers have to physically intervene to ensure the safety of the child in question and others in their care."