Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Yes, it is an assault under the Criminal Code of Canada to use force on another person without that person’s permission. Hitting another person is an assault no matter how hard or soft you hit. However, there are some exceptions; for example, if someone pushed you away from danger or if you used reasonable force to defend yourself against an attacker.
Yes. Section 43 of the Criminal Code of Canada allows the use of some physical force if the purpose is for disciplining a child under the age of 18. Only parents or people who are in the place of a parent (for example, a step-parent) can be excused if they use reasonable force on a child for discipline.
The Supreme Court of Canada studied this law in 2004; the citation for the case is: Canadian Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76.
At the time that we, Justice for Children and Youth, brought this case to the courts, the legal clinic was operating under our incorporated name: Canadian Foundation for Children, Youth and the Law.
This section explains the rules that the Supreme Court of Canada made on when and what is legal when disciplining a child; this is the current law in Canada.
No, teachers can only use reasonable force to restrain or guide a student. Teachers must only use the necessary force required to remove a student from the classroom or to make a student obey instructions. They cannot use physical punishment to discipline or correct behaviour.
A person who has taken on “all of the obligations of parenthood” for a child is considered to be standing in the place of a parent; i.e. a legal guardian. Babysitters, nannies and, in many cases, even step-parents, do not fall within this category and are not allowed to hit children to discipline.
The law allows for corrective force that is “transitory and trifling”, which means minor corrective force or the mildest forms of assault. Parents or a person in the place of a parent can NOT:
The police must use this definition as a guide in deciding whether to charge a parent with assault. If a parent or person in the place of a parent does something that is on this list, that person can be charged with assault.
Spanking means different things to different people. It can also have different effects on different children. Spanking is illegal if:
Maybe. Canada has been told by the United Nations Committee on the Rights of the Child to stop allowing parents and teachers to use physical force on children for discipline. More and more scientific research is showing that physical punishment is harmful to children.
The UN Committee wants to end the use of physical punishment on children around the world and is asking governments to change their laws if they allow it. Some countries have banned all forms of physical and humiliating punishment. International laws and expert opinions can have an effect on what our courts think is reasonable.
In other words, what the Supreme Court stated was legal today might not be legal tomorrow because international laws are changing and research continues to show that physical discipline is harmful.
For more information on the efforts to end the use of physical punishment on children, in Canada and Internationally: www.repeal43.org and www.endcorporalpunishment.org
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
Emergency help, criminal court, civil remedy and other supports
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
Yes, it is an assault under the Criminal Code of Canada to use force on another person without that person’s permission. Hitting another person is an assault no matter how hard or soft you hit. However, there are some exceptions; for example, if someone pushed you away from danger or if you used reasonable force to defend yourself against an attacker.
Yes. Section 43 of the Criminal Code of Canada allows the use of some physical force if the purpose is for disciplining a child under the age of 18. Only parents or people who are in the place of a parent (for example, a step-parent) can be excused if they use reasonable force on a child for discipline.
The Supreme Court of Canada studied this law in 2004; the citation for the case is: Canadian Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76.
At the time that we, Justice for Children and Youth, brought this case to the courts, the legal clinic was operating under our incorporated name: Canadian Foundation for Children, Youth and the Law.
This section explains the rules that the Supreme Court of Canada made on when and what is legal when disciplining a child; this is the current law in Canada.
No, teachers can only use reasonable force to restrain or guide a student. Teachers must only use the necessary force required to remove a student from the classroom or to make a student obey instructions. They cannot use physical punishment to discipline or correct behaviour.
A person who has taken on “all of the obligations of parenthood” for a child is considered to be standing in the place of a parent; i.e. a legal guardian. Babysitters, nannies and, in many cases, even step-parents, do not fall within this category and are not allowed to hit children to discipline.
The law allows for corrective force that is “transitory and trifling”, which means minor corrective force or the mildest forms of assault. Parents or a person in the place of a parent can NOT:
The police must use this definition as a guide in deciding whether to charge a parent with assault. If a parent or person in the place of a parent does something that is on this list, that person can be charged with assault.
Spanking means different things to different people. It can also have different effects on different children. Spanking is illegal if:
Maybe. Canada has been told by the United Nations Committee on the Rights of the Child to stop allowing parents and teachers to use physical force on children for discipline. More and more scientific research is showing that physical punishment is harmful to children.
The UN Committee wants to end the use of physical punishment on children around the world and is asking governments to change their laws if they allow it. Some countries have banned all forms of physical and humiliating punishment. International laws and expert opinions can have an effect on what our courts think is reasonable.
In other words, what the Supreme Court stated was legal today might not be legal tomorrow because international laws are changing and research continues to show that physical discipline is harmful.
For more information on the efforts to end the use of physical punishment on children, in Canada and Internationally: www.repeal43.org and www.endcorporalpunishment.org
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
