Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)

Section 43 does not violate ss.7, 12 or 15 of the Charter; the provision narrowly decriminalizes only modest corrective force by parents, surrogate parents and teachers, strikes a fair balance between the child’s security and the state interest in preserving family autonomy and effective parental/teacher roles, and any differential treatment is justified under s.1; costs decision below not disturbed.

Citation
C34749
Parties
Applicant (appellant): Canadian Foundation for Children, Youth and the Law; Respondent (respondent in Appeal): The Attorney General in Right of Canada; Intervener: Association of Children’s Aid Societies; Intervener: Coalition for Family Autonomy; Intervener: Canadian Teachers’ Federation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 January 2002
Procedural Posture
Appeal — Charter Challenge to S.43 Criminal Code / Court of Appeal Decision (hearing Held Sept 10 12, 2001; Decision Jan 15, 2002)
Outcome
Appeal dismissed
Legal Topics
Section 43 Criminal Code, Section 7 Charter – Security of the Person, Section 12 Charter – Cruel and Unusual, Section 15 Charter – Equality, Section 1 Charter Justification, Corporal Punishment, Vagueness and Overbreadth, Judicial Deference to Legislative Policy
Source Language
English
Constitutional Law Criminal Law Family Law Civil Law Section 43 Criminal Code Section 7 Charter – Security of the Person Section 12 Charter – Cruel and Unusual Section 15 Charter – Equality +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Canadian Foundation for Children, Youth and the Law

Applicant (appellant)

The Attorney General in Right of Canada

Respondent (respondent in Appeal)

Association of Children’s Aid Societies

Intervener

Coalition for Family Autonomy

Intervener

Canadian Teachers’ Federation

Intervener

Procedural Posture

Appeal — Charter Challenge to S.43 Criminal Code / Court of Appeal Decision (hearing Held Sept 10 12, 2001; Decision Jan 15, 2002)

Legal Issues

  1. 1 Whether s.43 Criminal Code infringes a child’s security of the person contrary to s.7 Charter
  2. 2 Whether s.43 constitutes cruel and unusual treatment or punishment contrary to s.12 Charter
  3. 3 Whether s.43 discriminates on the basis of age contrary to s.15 Charter

Ratio Decidendi

Section 43 does not violate ss.7, 12 or 15 of the Charter; the provision narrowly decriminalizes only modest corrective force by parents, surrogate parents and teachers, strikes a fair balance between the child’s security and the state interest in preserving family autonomy and effective parental/teacher roles, and any differential treatment is justified under s.1; costs decision below not disturbed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent entitled to its costs of the appeal if demanded