Introduced as a private member’s bill. (These don’t often become law.)
Status
Third reading (House), as of Sept. 18, 2024 (This bill did not become law.)
Summary
This is from the published bill.
This enactment amends the Criminal Code to repeal a provision that authorizes the correction of a child by force if certain criteria are met.
Similar bills
S-251 (44th Parliament, 1st session)
An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada's call to action number 6)
This is a computer-generated summary of the speeches below.
Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.
Bill C-273 aims to repeal Section 43 of the Criminal Code, which currently allows parents, teachers, or those acting in their place to use reasonable force to correct a child under their care. Supporters argue this change is necessary to protect children from harm, align with the Truth and Reconciliation Commission's call to action 6, and uphold international human rights standards. Opponents express concerns about criminalizing minor physical contact and potentially endangering teachers' ability to maintain order and protect students.
NDP
Repeal section 43: The NDP strongly advocates for the repeal of Section 43 of the Criminal Code, which permits the physical punishment of children. They view this as a necessary step toward reconciliation with Indigenous peoples, aligning with call to action 6 of the Truth and Reconciliation Commission.
Harmful to children: NDP members cite extensive research and the consensus of over 700 organizations, including the Canadian Medical Association and the Canadian Psychological Association, to support the claim that physical punishment leads to increased aggression, mental health problems, and negative long-term outcomes for children. The party believes that Canada should join the 65 other countries that have banned this practice.
Reconciliation with Indigenous peoples: The NDP connects the repeal of Section 43 to Canada's history of mistreatment of Indigenous children in residential schools. They argue that maintaining this section of the Criminal Code is a barrier to true reconciliation and perpetuates a system of justifying harm to children, particularly Indigenous children.
Uphold human rights: NDP members emphasize that repealing Section 43 is an obligation under the UN Convention on the Rights of the Child, which requires governments to protect children from violence. They argue that Canada must uphold its international commitments and align with other nations that prioritize the protection of children's rights.
Conservative
Against repealing Section 43: The Conservative party opposes the bill, which seeks to repeal section 43 of the Criminal Code, arguing that doing so without fully understanding the implications would be a disservice to Canadians, particularly in the context of reconciliation and parental rights.
Need for parental discretion: Conservatives emphasize the importance of parental rights and family as fundamental building blocks of society, expressing concern over the state's potential overreach in dictating parenting methods. They advocate for trusting parents to raise their children and worry about potential criminalization of parental actions.
Safety concerns for teachers: The party expresses concern about the safety and security of teachers in classrooms, referencing the Canadian Teachers' Federation's worries that repealing section 43 could hinder teachers' ability to intervene physically when necessary to protect students and themselves.
Nuances in Indigenous communities: Conservatives highlight concerns within Indigenous communities regarding the potential implications of repealing section 43, suggesting that a comprehensive understanding of its effects on Indigenous families and children is crucial for meaningful reconciliation.
Bloc
Opposes bill C-273: The Bloc Québécois opposes Bill C-273, which seeks to repeal section 43 of the Criminal Code, as they believe it removes reasonable defense mechanisms for parents and teachers to discipline children using reasonable force. They believe it's a bad idea that will criminalize normal behavior.
Supports reasonable discipline: The Bloc Québécois believes in a balanced approach, advocating that the law should include mechanisms to allow for reasonable force in disciplining children to maintain public confidence in the rule of law, rather than moving to eliminate all forms of corporal punishment.
Need teacher protections: Given the rise in violence in schools, the Bloc Québécois argues that removing protections for teachers who use reasonable force to control students will add to their mental burden and increase the risk of lawsuits, potentially discouraging people from entering the profession.
Liberal
Supports bill C-273: The Liberal party supports Bill C-273's objective to protect children from violence and abuse by repealing section 43 of the Criminal Code, which allows for reasonable force against children by parents, caregivers, and teachers.
Considering concerns: The party acknowledges concerns that repealing section 43 could lead to the criminalization of reasonable actions, like minor physical control that doesn't cause harm, particularly affecting over-policed communities and teachers.
Education is important: The party emphasizes the need for parenting education programs promoting non-physical discipline and an educational campaign to inform parents and teachers about changes to the law and alternative disciplinary methods.
Need for balanced approach: The party suggests tailoring the defence to exclude corporal punishment while allowing for minor, non-harmful physical force, recognizing the need to balance child protection with concerns about criminalizing reasonable actions by parents, caregivers, and teachers.
Green
Support for Bill C-273: The Green Party views Bill C-273 as an opportunity for parliamentarians to advance the Truth and Reconciliation Commission's calls to action, particularly call to action 6, which calls for the repeal of Section 43 of the Criminal Code of Canada.
Implement TRC calls to action: The Green Party emphasizes the importance of fulfilling commitments made by all parties to implement the TRC's 94 calls to action and criticizes the slow progress made since 2015.
Call for cross-party support: The Green Party expresses hope that members from all parties will support Bill C-273, aligning their actions with previous commitments to reconciliation and addressing the gap between pledges and concrete action.
Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, February 14, at the expiry of the time provided for Oral Questions.
The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C‑273 under Private Members' Business.
Links & Sharing
(The House divided on the motion, which was agreed to on the following division:)
