Households (parents, guardians)
- Physical discipline such as spanking, slapping, or other force used “to correct” a child would no longer have a special legal defence. You could face investigation or charges for assault (applying force without consent) if an incident is reported and pursued by authorities (Bill, s.1).
- Non-corrective actions to keep a child safe in an emergency are not addressed by this bill. General Criminal Code defences not tied to “correction” are unchanged. Data on how these will be applied after repeal is unavailable.
Teachers and school staff
- You would not be able to rely on Section 43 for any use of force “by way of correction.” The Supreme Court had already limited teachers to restraining or removing a student, not corporal punishment (SCC 2004, Canadian Foundation for Children, Youth and the Law v. Canada (AG)). Repeal removes the correction defence entirely for all caregivers (Bill, s.1).
- School policies that reference Section 43 will need legal review. Timeline: 30 days after Royal Assent.
Police, prosecutors, courts
- In cases involving physical discipline of children, Section 43 would no longer be available as a justification. Decisions to investigate, charge, or prosecute would proceed under general assault provisions and prosecutorial discretion. No changes to offences or penalties are made by this bill (Bill, s.1).
Provinces and territories
- Criminal law is federal. Child protection and education are provincial/territorial. This bill does not amend provincial laws but may prompt policy updates. Data on expected changes is unavailable.