For Immediate Release
June 4, 2008
OTTAWA – The Canadian Bar Association (CBA) is urging Parliament not to pass Bill S-209, Criminal Code amendments (protection of children), saying it will not further protect children.
“By prohibiting the use of reasonable force by a responsible adult who might step in where it would be otherwise reasonable to do so, it might actually represent an increased risk to children, either from their own behaviour or from the unrestrained behaviour of other children,” says Greg DelBigio of Vancouver, chair of the CBA’s National Criminal Justice Section.
Bill S-209 would repeal section 43 of the Criminal Code, which provides a defence to parents, teachers and like individuals to use force to correct a pupil or child. The Supreme Court of Canada has said that the defence applies only to minor corrective force of a transitory and trifling nature. Removing the defence would not help to reduce child abuse or exploitation.
“We believe the Bill would not capture conduct that truly jeopardizes the health and well being of young people,” adds Greg DelBigio.
The CBA says that repealing section 43 of the Code would result in an unwarranted expansion of criminal liability, over-criminalizing behaviour of parents, teachers and authorities attempting to deal with troubled children in extremely difficult circumstances. It would also grant immunity to children and teenagers for dangerous behaviour, while having no impact on actual assaults on young people by parents and authority figures, insists the CBA.
Greg DelBigio will appear before the Senate Committee on Legal and Constitutional Affairs on Wednesday, June 4, at 3:00 p.m. in Room 257, East Block. The CBA letter is available at:
http://www.cba.org/CBA/submissions/pdf/08-31-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
