Canadian Foundation for Children, Youth and the Law v Canada (AG) | |
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Hearing: June 6, 2003 Judgment: January 30, 2004 | |
Full case name | Canadian Foundation for Children, Youth and the Law v. Attorney General in Right of Canada |
Citations | [2004] 1 S.C.R. 76, 2004 SCC 4 |
Docket No. | 29113 [1] |
Prior history | Judgment for the Attorney General of Canada in the Court of Appeal for Ontario. |
Ruling | Appeal dismissed. |
Holding | |
Section 43 of the Criminal Code (which allows parents and teachers to use force to correct a child's behaviour) does not infringe the Canadian Charter of Rights and Freedoms, provided the section is interpreted as follows: (1) The force must be intended to actually correct the child's behaviour. (2) The force cannot result in harm or the prospect of harm. | |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel, Marie Deschamps | |
Reasons given | |
Majority | McLachlin C.J. (paras. 1-70), joined by Gonthier, Iacobucci, Major, Bastarache and LeBel JJ. |
Concur/dissent | Binnie J. (paras. 71-130) |
Dissent | Arbour J. (paras. 131-211) |
Dissent | Deschamps J. (paras. 212-246) |
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Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter.