As Canada’s Parliament prepares for the fall session, let’s hope that Parliamentarians re-engage on a number of important issues and bills that were before the House before the summer recess, and, for some, that were in motion before the April 2025 election.
One of these crucial bills was Bill C273, which was brought forward by former NDP MP, Peter Julien. Bill C273 would have prohibited corporal punishment in Canada, and repealed section 43 of the criminal code. It made it out of committee and was heading back to the House for a final vote when Parliament was prorogued. While Mr. Julien is no longer in the House of Commons as an MP, we hope that another parliamentarian can bring forward this bill because Canada must step up and honour our commitments to ending violence against children.
Corporal punishment refers to any form of punishment which is intended to cause physical pain to a person. In Canada, it is the most common form of violence against children today. Adults have full protection from violence under the law, but children do not. Children are rights holders under the Convention on the Rights of the Child, and also under Canadian law. We don’t allow for any other group in Canada to legally face violence in the home, but we do for children. This is a gross violation of children’s rights.
Almost 3 years ago, Canada was reviewed by the United Nations Committee on the Rights of the Child (CRC). In their Concluding Observations, the Committee recommended that Canada repeal section 43 of the criminal code and explicitly prohibit all forms of violence against all age groups of children within the family, in schools and in other institutions where children may be placed; promote positive, non-violent and participatory forms of child-rearing and discipline; and conduct awareness-raising campaigns for parents and professionals working with and for children to promote attitudinal change within the family and the community. Canada was called out for not fulfilling its international obligations to protect children. The Committee noted that it is extremely important to give high priority and specific attention to ending violence against children, as it is essential to have effective legislation and to fulfill Canada’s duties under the Convention on the Rights of the Child, which Canada ratified more than thirty years ago.
The UN Committee on the Rights of Children is not the only one noting that Canada has failed to meet their obligations. In 2015, the Truth and Reconciliation Commission of Canada released its summary report and Calls to Action, documenting how the past 150 years of Canada’s relationship with Indigenous Peoples have been characterized by broken treaties, by physical, sexual, emotional, and cultural violence, and by the “destructive dynamics” of an oppressive colonial system. With this in mind, we ask that you consider TRC #6, which states: “We call upon the Government of Canada to repeal Section 43 of the Criminal Code of Canada.”
Call to Action 6 makes visible a complex and multi-dimensional problem of child violence and wellbeing, as well as an ongoing process toward decolonization and reconciliation.
It’s important to note that Canada is a Pathfinder Country in the global Partnership to End Violence Against Children campaign, which is housed at the World Health Organization. The current Liberal government signed on to be a Pathfinder country in 2018, and yet we still have not done the right thing to protect children in this country, by prohibiting corporal punishment. The Global Partnership now has 38 countries signed on to be Pathfinder countries, and we are one of a handful of Pathfinder countries on that list who haven’t committed to ending corporal punishment.
This bill had support from international human rights experts, such as the Special Representative of the Secretary-General on Violence against Children, Najat Maalla M’jid. She notes: “The Bill represents an important opportunity for Canada to align its legal framework with international child rights standards…There is a growing momentum worldwide to end corporal punishment. By taking this significant step forward, Canada can add further to this momentum and demonstrate leadership on the issue. This would be in keeping with Canada’s commitment as a Pathfinding country to end violence against children.”
Similarly, experts from the WHO on violence against children had also written to support this bill: “We welcome this major opportunity to uphold children’s rights to be protected from violent punishment in child-rearing and we would like to congratulate you for considering the enactment of this Bill. Canada holds international and regional human rights obligations to prohibit all corporal punishment of children, including through the global commitment to ending violence against children in the context of the 2030 Agenda for Sustainable Development.”
Violence against children is not a partisan issue- this is one that all your parties can and should support. Canada prides itself as a leader in human rights. Our new Prime Minister should enact legislation that would allow us to comply with international human rights laws, and be a leader once again in human rights.
