Canadian Criminal Law/Defences/Corrective Force
Correction of child by force[edit | edit source]
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.
Section 43, sets out three requirements
- The force must have been intended for corrective purposes.
- The child must have been capable of benefiting from the correction.
- 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.
- R. v. Gervin, 2012 MBQB 44 at para 5
see also R. v. Sinclair 2008 MBCA 15