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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 ...
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors , especially in home and school settings, its methods may include spanking or paddling .
In cases where there is physical restraint or legal obligation, it may not be clear whether a person has been detained. To determine whether a reasonable person in the individual's circumstances would conclude that the state had deprived them of the liberty of choice, the court may consider, inter alia , the following factors:
In Canada, three quarters of substantiated cases of physical abuse of children have occurred within the context of physical punishment, according to the Canadian Incidence Study of Reported Child Abuse and Neglect. [31] According to Elizabeth Gershoff, "Both parental acts involve hitting, and purposefully hurting, children.
Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, though the use of certain implements can also be characterized as other, more specific types of ...
The case shook the general public and preventing child abuse became a political hot topic for years to come. [79] It is estimated that approximately 5% of Swedish children continue to be illegally spanked, however, in addition to being unlawful, physical punishment of children is now considered socially unacceptable. [80]
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices.
R. v. Smith [1] was the first case in which section 12 was considered by the Supreme Court of Canada. The Court, however, could and did follow previous interpretations of cruel and unusual punishments in pre-Charter case law, namely Miller and Cockriell v. The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so ...