Federal Ombudsman for Victims of Crime Benjamin Roebuck has called on the government to criminalize spanking.
In a letter to the Senate legal and constitutional affairs committee, Roebuck called on Parliament to repeal Section 43 of the Criminal Code, a clause enacted in 1892 that permits parents, teachers, and guardians to use "reasonable force" to discipline children.
"Even punishment that does not leave a physical mark such as spanking can significantly harm a child’s brain development," Roebuck wrote, per Blacklocks. "The act may expose or threaten a child, which can have similar impacts on the brain as severe maltreatment."
Roebuck emphasized the long-term effects of corporal punishment on children’s well-being.
"Potential harm inflicted by corporal punishment extends beyond immediate physical effects, impacting children's psychological and cognitive developments," he argued. "This contradicts the core principles of children’s rights."
By permitting corrective force, Roebuck argued, the current law "undermine[s] the crucial concept of consent, which is increasingly emphasized in education settings," adding that, "in schools, anti-bullying and sexual violence prevention programs share the message that no child should be hit."
Roebuck’s remarks come following his endorsement of Bill S-251, one of two private members' bills introduced in the 44th Parliament aimed at repealing Section 43. The identical Bill C-273 is currently before the House of Commons.
"As Canada's societal values have evolved, the debate about children’s rights has become increasingly pertinent," he stated. "The adult-centric perspective that children are mere extensions of parental authority is gradually being challenged as evidenced by legal and societal shifts, and is particularly relevant in the context of corporal punishment."
Section 43 of the Criminal Code permits the use of force as long as it "does not exceed what is reasonable." Repeal efforts have faced opposition from groups such as the Canadian Teachers’ Federation and the Québec Defence Lawyers Association, which argue the clause provides necessary legal protections for parents and educators.
"I,” the Defence Lawyers Association wrote in an earlier submission to senators. “Repealing Section 43 of the Criminal Code would expose parents and guardians to criminal prosecution and even convictions for minimal use of force. The Association considers this unacceptable.”
Roebuck dismissed the Defence Lawyers Association's argument that, "it is impossible to imagine how a parent could successfully foster their child's development without ever applying reasonable and minimal force," emphasizing the need to prioritize children's rights and protection from violence.
"I remain deeply concerned about violence experienced by children and youth," he wrote. "The government must ensure the protection of children."
