JUST Committee Meeting
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Minutes of Proceedings
Matthias Villetorte answered questions.
The committee commenced its clause-by-clause study of the Bill.
The Chair called Clause 1.
On Clause 1,
Rhéal Éloi Fortin moved, — That Bill C-273, in Clause 1, be amended by replacing line 4 on page 1 with the following:“1 Section 43 of the Criminal Code is replaced by the following:
43 A person who exercises parental authority, or to whom that authority has been delegated, must not subject a child under their care to any corporal punishment or to any other violence. However, the person may use force that is reasonably necessary for the safety of the child or of a third party or for the child's upbringing.”
After debate, the question was put on the amendment of Rhéal Éloi Fortin and it was negatived on the following recorded division:
YEAS: Rhéal Éloi Fortin — 1;
NAYS: Élisabeth Brière, Anju Dhillon, Randall Garrison, Marilyn Gladu, Anthony Housefather, Jamil Jivani, James Maloney, Marco Mendicino, Rob Moore, Tako Van Popta — 10.
“1 Section 43 of the Criminal Code is replaced by the following:
43 (1) A parent or person standing in the place of a parent is justified in using force by way of correction towards a child who is under their care if the force does not exceed what is reasonable under the circumstances.
(2) For the purposes of subsection (1), force is used by way of correction only if
(a) it addresses specific behaviour of the child;
(b) its purpose is to educate, correct or restrain a child;
(c) it is not of a punitive nature;
(d) it is used towards a child who is between the ages of two and 12; and
(e) the child is capable of learning from the use of force.
(3) For the purposes of subsection (1) and (4), force is reasonable under the circumstances only if
(a) it is minor and transitory in nature;
(b) objects, including rulers and belts, are not used;
(c) it is not applied to the child’s head;
(d) it does not cause bodily or psychological harm to the child or a reasonable apprehension of such harm; and
(e) it does not relate to the gravity of the child’s conduct.
(4) A schoolteacher is justified in using force towards a child under their care only when the purpose is to remove the child from a classroom or secure compliance with instructions and the force does not exceed what is reasonable under the circumstances.”
Debate arose thereon.
At 12:33 p.m., the sitting was suspended.
At 12:42 p.m., the sitting resumed in camera.
At 1:11 p.m., the committee adjourned to the call of the Chair.