News Release,
November 15, 1999

FAMILY COALITION SUPPORTS DISCIPLINE CHOICES

Parents wishing to retain the right to decide for themselves how they discipline their children without fear of being charged with child abuse can expect to have their rights defended when a constitutional challenge of the law begins next month.

The Coalition for Family Autonomy * comprising the Canada Family Action Coalition, REAL Women of Canada, the Home School Legal Defense Association of Canada, and Focus on the Family Canada * announced today that it has formally filed its written materials as an intervenor in the case.

At issue is Section 43 of the Criminal Code. This Section provides a defence to parents and teachers charged with assaulting a child, but only if they are able to prove that their actions were "reasonable" under the circumstances and intended for the child's correction. On December 6, the Canadian Foundation for Children, Youth and the Law will argue before the Ontario Court of Justice (General Division) that it should be ruled unconstitutional.

The Coalition for Family Autonomy is intervening in support of the federal government, which is on record as stating that Section 43 should be maintained. Both believe that the law now in place balances the state's interest in protecting children with the parents' right to direct the upbringing of their children.

"The existing child-protection laws already give authorities all the power they need to intervene in families and protect children," Cindy Silver, a Vancouver lawyer acting as a consultant for the Coalition, stated.

"The main concern of the Coalition's partners," she added, "is that parents be free to decide how best to raise their children * including the kind of correction that's appropriate in a given circumstance * without fear of being unduly second-guessed by government agencies."

"Striking down Section 43 won't give children greater protection than they have right now," Silver warned, "but it will remove the last defence parents have against wrongful prosecution."

For more information, contact: Cindy Silver at (604) 984-3221. E-mail: silverc@istar.ca.

Frank Stirk,
Writer/Researcher,
Focus on the Family (Canada)
110-1155 West pender St.,
Vancouver, BC V6E 4J4
Canada
Ph: 604-609-7963
Fax: 604-609-7997
E-mail: stirkfr@fotf.ca