BE HEARD ON

SECTION 43

Section 43 of the Criminal Code of Canada provides teachers with protection when they use reasonable force to discipline or correct a child.

The Section reads: Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

Over the past decade, there have been a number of legislative attempts to strike down the section. The most recent challenge, Bill S-206, is currently at second reading before the Senate. The Bill moves to repeal Section 43 with no replacement. The protections granted under Section 43 must be maintained to ensure student safety and the teacher’s ability to ensure the security of the classroom.

What is Section 43 of the Criminal Code?

The Issue

Without the framework for reasonable force provided by Section 43, actions such as removing a disruptive child from a classroom, tugging a student by the sleeve, or pulling a student from the path of an oncoming vehicle could be subject to prosecution. Teacher inaction under such circumstances could result in significant physical injury to students, disrupted classrooms and increased calls to police.

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