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.
Corporal Punishment & "Spanking"
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Is it illegal to hit someone else?
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.
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Is using physical force on children an exception?
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.
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Can teachers hit me?
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.
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Who is a person standing in the place of a parent?
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.
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What is “reasonable force”?
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:
- use force on a child under 2 years old or on a teenager,
- use force that causes harm or might cause bodily harm,
- use force because they are angry, frustrated, have lost their temper or because they have an “abusive personality”,
- use any object – like a belt or ruler or hairbrush,
- hit a child on the head,
- do anything degrading, inhumane or harmful (this might include taking clothes off or spanking in public), or
- use force on children who have disabilities which make it hard for them to learn.
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.
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Does this mean spanking is legal?
Spanking means different things to different people. It can also have different effects on different children. Spanking is illegal if:
- it is done in a way that is degrading or harmful;
- there is a potential for bodily harm; or
- it is done because the parent is angry and frustrated or lost his or her temper.
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My parent hits me, what can I do?
- Speak to an adult you trust about what is happening;
- Call the police; and/or
- In Ontario, if you are under 18 and being physically injured or hurt in some other way, you can also call a child welfare agency and a social worker will talk to you to see if you are being abused. If you are in danger, a worker will come to see you right away or help you contact someone such as the police.
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If I tell someone I’m being abused, will they tell someone else?
- In Ontario, Nova Scotia, Newfoundland and Saskatchewan: if you tell a person things which make them suspect that you are being abused and you are under 16, they must report this to a child welfare agency or the police.
- In Ontario: if you are 16 or 17, you can also contact a child welfare agency and ask for support.
- In Quebec, Alberta, Manitoba, and Prince Edward Island: this must be reported if you are under 18.
- In British Columbia, New Brunswick, Yukon, Nunavut and Northwest Territories: the age limit is 19.
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Will the rules around spanking ever change?
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
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Youth Criminal Justice
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.
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Education
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.
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Leaving Home
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.
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Health & Mental Health
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.
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Discrimination and LGBTQI2S Rights
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.
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Provincial Offences
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.
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Victims
Emergency help, criminal court, civil remedy and other supports
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
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.
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Privacy
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Corporal Punishment & "Spanking"
Close-
Is it illegal to hit someone else?
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.
-
Is using physical force on children an exception?
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.
-
Can teachers hit me?
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.
-
Who is a person standing in the place of a parent?
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.
-
What is “reasonable force”?
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:
- use force on a child under 2 years old or on a teenager,
- use force that causes harm or might cause bodily harm,
- use force because they are angry, frustrated, have lost their temper or because they have an “abusive personality”,
- use any object – like a belt or ruler or hairbrush,
- hit a child on the head,
- do anything degrading, inhumane or harmful (this might include taking clothes off or spanking in public), or
- use force on children who have disabilities which make it hard for them to learn.
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.
-
Does this mean spanking is legal?
Spanking means different things to different people. It can also have different effects on different children. Spanking is illegal if:
- it is done in a way that is degrading or harmful;
- there is a potential for bodily harm; or
- it is done because the parent is angry and frustrated or lost his or her temper.
-
My parent hits me, what can I do?
- Speak to an adult you trust about what is happening;
- Call the police; and/or
- In Ontario, if you are under 18 and being physically injured or hurt in some other way, you can also call a child welfare agency and a social worker will talk to you to see if you are being abused. If you are in danger, a worker will come to see you right away or help you contact someone such as the police.
-
If I tell someone I’m being abused, will they tell someone else?
- In Ontario, Nova Scotia, Newfoundland and Saskatchewan: if you tell a person things which make them suspect that you are being abused and you are under 16, they must report this to a child welfare agency or the police.
- In Ontario: if you are 16 or 17, you can also contact a child welfare agency and ask for support.
- In Quebec, Alberta, Manitoba, and Prince Edward Island: this must be reported if you are under 18.
- In British Columbia, New Brunswick, Yukon, Nunavut and Northwest Territories: the age limit is 19.
-
Will the rules around spanking ever change?
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
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Going into Children's Aid Society Care
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Being in Children's Aid Society Care
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Parenting and Contact Orders
Open
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Immigration & Refugee
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.
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Homeless Youth Over 18
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.