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Policing the Punishment: Charging Practices Under Canada's Corporal Punishment Laws

NCJ Number
212473
Journal
International Review of Victimology Volume: 12 Issue: 2 Dated: 2005 Pages: 121-138
Author(s)
Tammy C. Landau
Date Published
2005
Length
18 pages
Annotation
This article presents information on police response to allegations of excessive or illegal corporal punishment under the current Canadian Criminal Code.
Abstract
Over the last several years, Canadian statistics have indicated an increase in the experiences of violence in the lives of children and youth. However, the complexities of child abuse in Canada are complicated by the thin legal line between assaulting children and correcting them through the use of corporal punishment. Canada permits the use of physical discipline of children by parents or other guardians with both legal and social support for corporal punishment of children under the Criminal Code of Canada. The Criminal Code of Canada permits the reasonable use of force against children for the purposes of correction with corporal punishment being the most common form of discipline. Today, the status of corporal punishment has been challenged in the Canadian courts over the legal, social, and moral acceptability of this form of punishment. This article presents data on police responses to allegations of excessive or illegal corporal punishment under current Canadian legislation. The data suggest that there is significant variation in police responses to both the range and seriousness of incidents of corporal punishment which is attributed to the exercise of police discretion. Tables and references