Bill That Would Ban Using ‘Reasonable Force’ to Discipline Kids Puts Teachers at Risk of Assault Charges: Teachers Union

NDP member of Parliament Peter Julian rises during question period in the House of Commons on Parliament Hill in Ottawa on Feb. 3, 2023. Sean Kilpatrick/The Canadian Press

Teacher unions have expressed opposition to a proposed piece of legislation that would ban “reasonable force” to discipline children, saying that any physical interaction from teachers could lead to assault charges.

President of the Canadian Teachers’ Federation Heidi Yetman told the House of Commons Justice Committee April 15 she is fearful the proposed reforms made by the NDP would put teachers at risk of criminal charges and make classrooms less safe.

“Teachers need to be able to physically intervene in certain classroom situations,” Ms. Yetman said, as first reported by Blacklock’s Reporter. “This is the reality.”

Bill C-273, if passed, would amend the Canada Criminal Code by repealing a provision that allows for the correction of children by force if certain parameters are met. The bill passed second reading in the House of Commons in February and is currently being studied at committee.

NDP MP Peter Julian, who introduced the bill in December of 2022, has argued for the reform to the criminal code.

“It is time to take meaningful action to protect children and ensure they aren’t being harmed by their parents and legal guardians,” he stated in a press release at the time.

Section 43 of the Criminal Code of Canada currently states “every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.”

Ms. Yetman recounted to MPs one of her experiences when a fight broke out between Grade 7 students and she was required to physically separate them.

“I pulled those two children apart and one I took with me to the principal’s office,” she said. “According to the Criminal Code that could be assault. Of course, I did my duty because I wanted to protect the kids.”

President of the Québec Association of Teachers Sébastien Joly agreed with Ms. Yetman’s assessment, telling the committee the new reforms could create a “legal vacuum” which would put teachers at risk of criminal prosecution for physical interventions.

There have been campaigns in the works for several years to repeal Section 43, dubbed the “spanking law.”

The Truth and Reconciliation Commission made the repeal of Section 43 part of its recommendations in 2015 that sought to address issue of abuse in residential schools.

However, some noted repealing Section 43 would not only impact First Nations communities, but also parents who could face assault charges for spanking their children.

The Tories have been critical of the bill along with several members of Bloc Quebecois, who argued that reasonable force is sometimes needed.

Conservative MP Damien Kurek argued that the bill intruded into the private lives of families.

“We have seen attempts time and time again to diminish the role played not only by parents but also by the family as a fundamental building block of society,” he said.

“Any attempt to see that diminished would be wrong. We can see the implications of this.”