44th Parl. 1st Sess.
September 18, 2024 02:00PM
- Sep/18/24 5:46:43 p.m.
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moved that the bill be read the third time and passed.
He said: Madam Speaker, I am pleased to rise on what is a historic occasion. The bill before us is something that has seen various configurations over the course of the last couple of decades. Many advocates for children across the country have been pushing for repeal of section 43 of the Criminal Code, which permits a physical punishment of children, essentially the hitting of children, in this country. It is a section of the Criminal Code that dates back to 1892, a time when there were residential schools and a time when children were often subjected to the most egregious types of abuses.
Today, finally, we are debating now at third reading, which means that in just a few days' time, parliamentarians across the country will be called upon to finally cast a ballot, to cast their vote on behalf of their constituents, to repeal section 43 of the Criminal Code, which dates back to 1892. This is, I believe, the 18th time that members of Parliament have submitted a bill in order for this to become a reality.
It is a historic time for parliamentarians to stand against the physical punishment of children and to stand up for the Truth and Reconciliation Commission's call to action no. 6, one of its most important calls to action. There is no more important mission or role that we have than the protection of our children in this country.
That is why it is so essential that parliamentarians who have supported the bill through second reading, through committee and now through report stage, cast that final ballot at third reading so that the bill can be sent to the other place. Then, finally, after so many years of continuing with this section in our Criminal Code, we can stand up for the children of our country.
There is no doubt about this, and it has been discussed many times; I know that members of Parliament have received letters as well from people across the country who are profoundly concerned about the impacts of physical punishment of children. The facts are the following. I want to cite what was a vast coalition of 700 organizations across this country. I will be mentioning some of the organizations in just a moment. Years ago, when they called upon Parliament to take action, they very clearly enumerated the negative impacts of physical punishment on children. In their briefs submitted to the House of Commons in Canada, to all parliamentarians, they said the following:
75% of substantiated physical abuse cases in Canada arise from incidents of physical punishment. In addition to its impact on children, physical abuse places an enormous economic burden on Canada.
Across 75 [substantial scientific] studies, even mild physical punishment predicts poorer mental health, negative parent-child relationships, lower moral internalization, increased anti-social behaviour (bullying, dating violence, peer aggression), and increased risk of violence toward intimate partners and children in adulthood.
Across 69 prospective longitudinal studies, physical punishment was found to increase child aggression and other behaviour problems over time and to place parents at risk of inflicting increasingly severe violence.
Physical punishment can undermine brain development, activating neural systems that deal with threat and reducing the volume of the areas involved in self-regulation and executive function.
They pointed out at that time, very importantly, that:
No evidence has ever been found of long-term benefits.
The psychological studies, child development studies over time and longitudinal studies over decades, are very clear that physical punishment provides for potentially huge personal and societal harm. That is why it is important for parliamentarians to send a clear signal in repealing this remnant of the 1890s that has no place in child development today and, of course, no place at all in our Criminal Code.
Other countries have gone through this debate while we have not moved forward. I wanted to cite 67 countries that have already banned physical punishment of children. That includes all of our major allies, including Sweden, Finland, Norway, Germany, Ukraine, Spain, Uruguay, Portugal, New Zealand, Argentina, Ireland, South Africa, France, Japan and the Republic of Korea.
In a letter that was sent to all members of Parliament just a few days ago from Professor Joan Durrant of the University of Manitoba, she mentions that, since the time this bill was introduced until today, as we have yet to adopt this bill on third reading, three countries, namely Zambia, Laos and Tajikistan, have also banned physical punishment against children. What we are seeing internationally is a very, very clear consensus among democratic nations. I will not read the entire list, but 67 countries, largely democratic countries, have stated that physical punishment of children is absolutely inappropriate and counterproductive and does harm to the child. We must heed what has been a very clear message sent by so many organizations, not only from across the country but also internationally, on the evolution of the understanding of the harm that physical punishment does to children.
I wanted to also mention the organizations across the country that have come together, 700 of them strong, to say that it is time to repeal section 43 of the Criminal Code. Just to mention some of those organizations, they are the Anglican Church of Canada, Big Brothers Big Sisters of Canada, the Canadian Association of Elizabeth Fry Societies, the Canadian Association of Occupational Therapists, the Canadian Association of Paediatric Health Centres, the Canadian Association of Paediatric Nurses, the Canadian Association of Social Workers, the Canadian Dental Association, the Canadian Mental Health Association, the Canadian Red Cross, the Children's Aid Foundation and the Coaching Association of Canada. Many of these organizations have strong reputations. They have worked in all areas of childhood welfare and childhood development for so long and are credible national organizations. They are all calling upon parliamentarians to do the right thing and adopt this bill on third reading.
As I mentioned earlier, there is the important fact that this is call to action 6 of the Truth and Reconciliation Commission. There was the horrendous brutality that we saw in residential schools. Until call to action 6 is adopted, we cannot move forward in a way that is appropriate for truth and reconciliation. There are many calls to action that must be adopted. This one has now languished for nine years.
The Hon. Murray Sinclair, who has had a profound impact in our country, spoke to this issue back in 2017, when he rose in the Senate. This was a previous iteration of the same attempt that has been going on now for years on behalf of child advocates to move to repeal section 43. He spoke in very compelling terms. The Hon. Murray Sinclair, on Tuesday, March 7, 2017, said:
At one Indian residential school in Alberta, a teacher was charged with assaulting a student by punching him three times in the face, causing serious injury. The teacher had been convicted of assault at trial but was acquitted on appeal by a court which held that the degree of force that he used was reasonable. That case set the tone for how all children in residential schools were treated thereafter.
This is respecting section 43 of the Criminal Code.
This is something that is long overdue. If we are to heed the calls to action, and if we are to heed what we are being told by child advocates across the country, we must act at this final stage, at third reading, to adopt this important legislation.
I want to mention a couple of the voices that have risen across this country to support the bill.
Dr. Tracie Afifi, who is the director at Childhood Adversity and Resilience at the University of Manitoba, said:
Evidence collected over the past two decades and published in hundreds of peer-reviewed studies, has demonstrated that [spanking] is harmful to children and has no known benefits.
This research has consistently shown [spanking] to be a significant risk factor for injury, poor parent-child relationships...aggression, antisocial behaviour, slower cognitive development, emotional disorders including anxiety and depression, physical health problems, substance use, suicidal thoughts, suicide attempts and violence in intimate relationships later in life....
It is our duty to protect our children from unnecessary harm and give them the best chance to live happy and healthy lives that are free from violence. This starts with the repeal of section 43.
In closing, I would like to talk about the importance of passing this bill at third reading.
A number of organizations are calling on members to vote in favour of this bill, including the Association des centres jeunesse du Québec, the Association des CLSC et des CHSLD du Québec, the Association des médecins en protection de l'enfance du Québec, and the Association québécoise des centres de la petite enfance au Québec. These Quebec organizations are calling on all members to vote in favour of removing section 43 from the Criminal Code.
The fact that this bill responds to call to action 6 of the Truth and Reconciliation Commission of Canada illustrates just how important it is for us to take this final step. There have been 18 attempts over the years to get this legislation passed. That is 18 times that the voices of children and educators across the country, who have been very clear about the importance of taking this step, have been ignored.
This time, now that we are at third reading, it is extremely important that we pass this bill and that we join 67 other countries in the world, including France, Japan, South Korea and Germany, most of which are democratic countries. We need to follow their example on this. What is more, all the studies that have been done over the years show the negative consequences of legalizing the physical punishment of children. We need to outlaw this behaviour, which is currently allowed under the Criminal Code.
This is the final step. It has been a journey that has been going on for years. It is important. Across this country, parents and educators are looking for Parliament to show leadership to repeal an aspect of the colonial past, 1892, when we forced indigenous children into residential schools and permitted, often, physical punishment and cruelty.
Now, nine years after the Truth and Reconciliation Commission asked parliamentarians and the government to take action and to repeal section 43, we have the opportunity to do that. I hope all members of Parliament will join together and that we will enact call to action 6 and pass the legislation before us.
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Madam Speaker, I want to start with a quote by James Baldwin that has always stuck with me. He said, “The children are always ours, every single one of them, all over the globe; and I am beginning to suspect that whoever is incapable of recognizing this may be incapable of morality.”
Today we are here to act on behalf of the countless advocates, the families and, most importantly, the children who deserve a future that is free from violence and fear. Bill C-273 would repeal section 43 of the Criminal Code. This is the section that makes physical punishment of children legal in Canada, and as a mother of two young children, it is hard for me to even think about my girls being hit by someone five times their size and to think that in Canada, parents can legally hit children as young as my sweet three-year-old.
We stand today on the precipice of passing this bill, of creating transformative change, and I urge my colleagues in the House to reflect on the urgency and the moral clarity that this bill represents. Section 43 of the Criminal Code allows the use of reasonable force to correct children. It is an archaic provision that has long outlived its place in a compassionate society, and it is not only that this provision perpetuates violence, but that it also undermines our efforts for true reconciliation with indigenous peoples.
I want to thank the member from New Westminster—Burnaby for putting forward the bill. He noted in his speech that repealing this section is a critical step in fulfilling call to action 6 of the Truth and Reconciliation Commission report. We must move forward and implement this bill, but also all of the 94 calls to action in the truth and reconciliation report.
Corporal punishment of children is a violation of their human rights, a fundamental truth that is recognized by the United Nations and echoed in the global research. More than 65 countries, including Germany, Sweden and South Africa, have already banned this practice, and these countries have seen profound improvements in child welfare, reductions in aggressive behaviour and long-term positive impacts on our societies as a whole. The research consistently shows that corporal punishment leads to increased aggression, increased mental health challenges and a perpetuation of violence that often stretches across generations.
I want to take a moment to respond to some of the comments that I have heard from colleagues in the Conservative and Bloc caucus. This is not something that happened in the past and no longer exists. Children are still being hit today, such as the corrective punishment of being pushed down or slapped. To think that we would accept that a three-year-old deserves that kind of treatment.
Sweden was the first country to prohibit corporal punishment in 1979, and we have seen there not only a decrease in physical punishment but also a broader cultural shift. Because the country had an emphasis on public education paired with the legislative ban, this has transformed how parents and society view discipline. As a result, violence against children has decreased significantly. Sweden is now a global leader in child welfare, and it is not a coincidence. It is the result of legislation that prioritizes the rights of children.
There is also a significant and well-documented connection between the use of force on children and the perpetuation of intimate partner violence. The research consistently shows that children who are subjected to physical punishment, even corrective physical punishment, are more likely to normalize violence as a means of resolving conflicts. This normalization occurs because children often learn these behaviours through modelling, and when they experience and witness violence in their formative years, they come to see it as an acceptable way to exert control or handle disagreements. Studies reveal that individuals who experience corporal punishment as children are more likely to engage in violent behaviours, including intimate partner violence and sexual assault.
Moreover, the cyclical nature of violence is reinforced by the emotional and psychological impact of physical punishment. Children who endure this kind of punishment often struggle with anger, aggression or issues of self-worth, and these can carry on into adulthood. They can negatively affect their interpersonal relationships.
The learned behaviour of using force to assert control combined with unresolved emotional trauma creates a dangerous foundation for intimate partner violence. By allowing physical punishment of children, our society not only undermines the emotional well-being of those children, but it also perpetuates a broader culture of violence that extends into relationships between adults.
I want to be clear that this bill is not about criminalizing parents. There are actually provisions in our Criminal Code, common law defences, that would protect parents who are using force to protect their children or teachers who are using force to protect students. However, they would not protect a parent who, with or without thinking, strikes a child. They would not protect a teacher who, with or without thinking, holds in a lock or isolates a child, like occurred in Yukon schools very recently.
This is not an issue that is decades in the past. This is an issue happening now. The government has a responsibility to provide parents with the resources, the education and the support they need to raise their children in a positive and non-violent environment. This is about breaking the cycle of violence that too many children in Canada continue to experience. Our laws should reflect our highest values, and allowing physical punishment of children is incompatible with those values.
Indigenous children in particular have borne the brunt of the harms caused by this kind of physical punishment. The legacy of residential schools, where indigenous children were subjected to brutal physical abuse, continues to reverberate in communities where the intergenerational impacts of this violence keep causing harm today.
We know, from the Truth and Reconciliation Commission, that corporal punishment was a tool to assimilate and dehumanize indigenous children. The failure of the Liberal government to deliver on its promise to implement the 94 calls to action in the Truth and Reconciliation report is reprehensible.
We are talking about call to action 6, which has been on the table for nearly a decade. Why is it requiring a New Democrat private member's bill to pass this law? While Liberals like to talk about reconciliation, their actions, or their lack thereof, tell a different story. It is simply not enough to make empty promises and drag their feet on reconciliation.
I should not be surprised by what the Conservatives did, but I have to admit I was. I was shocked. I was outraged as I watched them vote in outright opposition to Bill C-273 and stand in the House and vote in favour of legalizing hitting children. By voting against this bill, they have made it clear they stand on the wrong side of history, the wrong side of indigenous justice and the wrong side of children's rights.
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