Canadian Criminal Law/Defences/Corrective Force

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Correction of child by force[edit]

Correction of child by force
43. 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.
R.S., c. C-34, s. 43.


CCC

Section 43, sets out three requirements[1]

  1. The force must have been intended for corrective purposes.
  2. The child must have been capable from benefiting from the correction.
  3. The force used must have been objectively reasonable under the circumstances.

The first requirement implies that the actions of the child called for corrective action.

  1. R. v. Gervin, 2012 MBQB 44 at para 5
    see also R. v. Sinclair 2008 MBCA 15