Bill S-209

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

senate of canada

BILL S-209

An Act to amend the Criminal Code (protection of children)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. Section 43 of the Criminal Code is repealed and replaced by the following:

43. (1) Every schoolteacher, parent or person standing in the place of a parent is justified in using reasonable force other than corporal punishment toward a child who is under their care if the force is used only for the purpose of

(a) preventing or minimizing harm to the child or another person;

(b) preventing the child from engaging or continuing to engage in conduct that is of a criminal nature; or

(c) preventing the child from engaging or continuing to engage in excessively offensive or disruptive behaviour.

(2) In subsection (1), “reasonable force” means an application of force that is transitory and minimal in the circumstances.

COMING INTO FORCE

2. This Act comes into force one year after the day on which it receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.