An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada's call to action number 6)
Bill S-251 was a Senate Private Member's Bill repealing section 43 of the Criminal Code (R.S.C. 1985, c. C-46) which provides a defence for the use of force by a parent or schoolteacher to correct a child. Brought to implement the Truth and Reconciliation Commission Call to Action 6 (the 2015 final TRC report's recommendation to repeal section 43 in light of the impact of corporal punishment on Indigenous and other children in residential schools and elsewhere). The 2004 SCC ruling in Canadian Foundation for Children, Youth and the Law v. Canada (2004 SCC 4) upheld section 43 by 6-3 but narrowed its scope. The bill aligned with UN Convention on the Rights of the Child general comment 8. Did not pass third reading.
Status
Quick learn
Senate version of C-273. Repeals the 'reasonable force' defence in the Criminal Code and implements Truth and Reconciliation Commission Call to Action 6.
Issues this bill touches
- Indigenous Rights
Senate companion to C-273. Implements TRC Call to Action 6 by repealing section 43 of the Criminal Code.
Legislative history
- First reading
First reading in the Senate.
View source - Second reading
Second reading in the Senate.
View source
Official source
Read full text on Parliament of Canada