Home » Resolutions » Resolution 2026-03 REPEAL SECTION 43 AND PROHIBIT CORPORAL PUNISHMENT OF CHILDREN
Resolution 2026-03 REPEAL SECTION 43 AND PROHIBIT CORPORAL PUNISHMENT OF CHILDREN
Submitted by: Colonel Gray Home and School Association
Resolution Content
WHEREAS Canada’s Criminal Code still allows adults to hit children through section 43, which creates a special defense for parents, teachers, and “persons standing in the place of a parent” who use “reasonable” force by way of correction, making children the only group in Canada singled out in law as people who may be physically punished if an adult can convince a court the force was “reasonable”; and
WHEREAS over time, Canadians have removed legal defenses that once allowed physical punishment of prisoners, sailors, apprentices, wives, and others, strengthened protections for animals, and affirmed that violence is not an acceptable way to resolve conflict, yet have left in place the defense that allows adults to cause pain to children in the name of discipline; and
WHEREAS Canada has signed the United Nations Convention on the Rights of the Child and promised to protect children from “all forms of physical violence,” yet section 43 remains, sending a confusing message to children when they are taught that “violence is never the answer” while the law still says being hit is sometimes acceptable if you are small enough and call the person hitting you “Mom,” “Dad,” or “teacher”; and
WHEREAS love grounded in dignity and non‑violence uses evidence‑based guidance and discipline, not fear and pain, and a substantial body of research has accumulated against corporal punishment, with sixty‑seven countries around the world having abolished similar legal defenses and moved to fully protect children from physical punishment by 2025; and
WHEREAS Canada, a country that sees itself as a leader on human rights, is now trailing behind many other nations in offering children full legal protection from physical punishment in their homes, schools, and other child-serving settings; and
THEREFORE, BE IT RESOLVED that the PEI Home and School Federation urges the Government of Canada to repeal section 43 of the Criminal Code and to remove any legal defense that permits the use of corporal punishment or other forms of physical punishment against children; and
BE IT FURTHER RESOLVED that the PEI Home and School Federation calls upon the Government of Prince Edward Island, the Department of Education and Early Years, and the Public Schools Branch to update all relevant provincial legislation, regulations, and policies to explicitly prohibit corporal punishment and all forms of physical punishment in all child‑serving settings, including schools, early learning and child‑care programs, and residential or institutional settings; and
BE IT FURTHER RESOLVED that the PEI Home and School Federation urges the provincial government and education partners to provide and fund positive, non‑violent, evidence‑based tools for guidance and discipline, so that parents, caregivers, and educators are supported to use approaches that align with messages of kindness, anti‑bullying, and healthy relationships promoted in schools throughout the year.
| Destination: | Department of Education and Early Years Department of Health and Wellness Department of Justice and Public Safety Minister of Justice and Attorney General of Canada Minister of Justice and Attorney General of PEI Premier of PEI Public Schools Branch/Board of Trustees |
Responses Received
None