Full Description
An urgent examination of Canada's legal, cultural, and historical acceptance of corporal punishment and the children it continues to fail
In Spare the Child: Ending Childhood Corporal Punishment, author Ailsa Watkinson exposes a troubling truth: since 1892, Section 43 of the Canadian Criminal code has granted legal defense for parents and caregivers who use corporal punishment on children for the purpose of "correction." Remarkably, children remain the only group in Canada explicitly left unprotected from physical punishment under the law.
In 2004, a legal challenge heard by the Supreme Court of Canada argued that Section 43 directly violated children's equality and security rights under the Charter of Rights and Freedoms. The challenge argued further that Section 43 undermined the three P's of children's rights—provision, protection, and participation—as outlined in the UN Convention on the Rights of the Child. Despite all this, the Supreme Court upheld the right to use corporal punishment in the home, reinforcing a legal framework that prioritizes parental rights over those of children. Watkinson critically examines that decision, its legal implications, and the psychological and social consequences of permitting physical force against children.
Beyond the courtroom, Spare the Child deconstructs a practice long accepted as a common sense means of disciplining children. It traces the deep historical roots of corporal punishment, including the legacy of European colonization, religion, and ideology in its justification—particularly through its devastating role in residential schools and lasting impact on Indigenous communities.
Grounded in evidence-based research, the book reveals the long-term psychological harms of corporal punishment, urging parents and policymakers to defend children's fundamental right to dignity, safety, and protection.
Contents
Dedication
Acknowledgements
A Note on Terminology
Preface
Chapter 1. A Brief History of Childhood Corporal Punishment
Chapter 2. Colonialism, Disruption and Indigenous Childhood
Chapter 3. Child Welfare
Chapter 4. Legal Arguments In the Case of Canadian Foundation for Children, Youth and the Law v Canada (Attorney General)
Chapter 5. The Supreme Court's Decision
Chapter 6. The Aftermath of the Supreme Court's Decision
Chapter 7. Current Research and Child Well Being
Chapter 8. Where to From Here?
Appendix A: Canadian Charter of Rights and Freedoms
Appendix: B: UN Convention on the Rights of the Child
Bibliography
Index
