Parents and children at risk under s. 43 of the Criminal Code

Ottawa, February 2, 2016 – Senator Céline Hervieux-Payette gave a speech at second reading of Bill S 206, which she introduced to repeal section 43 of the Criminal Code to protect children from standard child-rearing violence.

She pointed out that Bill S 206 addresses the concerns of Aboriginal peoples (recommendation 6 of the Truth and Reconciliation Commission), the international community (obligation under the Convention on the Rights of a Child), the scientific and medical community, Quebec’s human rights and youth rights commission, more than 500 NGOs and key Canadian figures, and three former Supreme Court justices.

During her speech, Senator Hervieux-Payette mentioned the results of a study that concluded that section 43 has not protected parents, teachers or students since the Supreme Court’s 2004 decision. She said that, for the last 10 years, section 43 has exposed parents to lawsuits more commonly than we might think, because they are unaware of the Supreme Court’s restrictions. She added that section 43 poses a threat to children when the courts are too lax in interpreting the 2004 decision, acquitting parents who should not be acquitted.

Senator Hervieux-Payette then went on to explain that the message of Christ strongly supports the protection of children, but that message was twisted by Saint Augustine, who created the concept of original sin. She said that Augustine’s skewed interpretation was what gave biblical legitimacy to child-rearing violence up until now.

Around the world, 48 countries have abolished all forms for standard child-rearing violence. Of this number, 31 did so during Stephen Harper’s mandate as Prime Minister of Canada, and one—Peru—has done so since Justin Trudeau took office.

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Maximilien Depontailler
Director of Parliamentary Affairs
Office of the Honourable Céline Hervieux-Payette, P.C.
613-947-8008 – [email protected]