Landmark Case: The Spanking Case – Testing the Validity of Section 43 of the Criminal Code of Canada – The Canadian Foundation for Children, Youth and the Law (CFCYL) v. Canada

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case.

Known as the spanking case, this is a leading Supreme Court of Canada decision dealing with the constitutional validity of s. 43 of the Criminal Code of Canada – the section which allows for corporal punishment of children. The SCC upheld s. 43 as valid, and ruled that it does not violate ss. 7, 12 and 15(1) of the Canadian Charter of Rights and Freedoms.