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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 07-03-2012, 10:20 AM
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To those who said corporal punishment is not illegal in Canada, it is
No it's not. Go read up on Section 43 of the Criminal Code of Canada.

Quote:
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.
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The words “reasonable under the circumstances” in s. 43 mean that the force must be transitory and trifling, must not harm or degrade the child, and must not be based on the gravity of the wrongdoing. Reasonableness further implies that force may not be administered to teenagers, as it can induce aggressive or antisocial behaviour, may not involve objects such as rulers or belts, and may not be applied to the head. While corporal punishment itself is not reasonable in the school context, a majority of the Supreme Court concluded that teachers may use force to remove children from classrooms or secure compliance with instructions.
What YOU described is not corporal punishment, it's out and out assault. Section 43 doesn't apply in your situation as it involved an object.

A parent, or someone acting in place of a parent, CAN use corporal punishment for the purpose of discipline/correction as long as it's with an open hand, not excessive, and not above the shoulders.

For anyone who ever needs the info, the CORRECT course of action is to call the police immediately. THEIR process is to gather as much info as possible, contact the local CAS emergency line (if it's after hours), give them the information/evidence, and let CAS make the call on whether the child returns.

YOU as the parent cannot willingly violate the custody order and "keep" the child. Worse case scenario, after 48 hours it's technically kidnapping. Extremely grey area, and the authorities will be hesitant to get involved, but it if the other sides pushes it, that's a possibility. At minimum you are in contempt of a binding court order, and if the other side plays things properly, you can face a number of sanctions.

The POLICE cannot make the decision on whether you keep the child...doing so is professional misconduct and THEY can face disciplinary action over it.

CAS CAN tell you to keep the child, they are about the ONLY ones who can.

The police may tell you to take the child to a doctor to be examined as part of their information gathering, but the correct course of action for abuse allegations is always to contact the local police first and foremost.
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