Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter.
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| - Canadian Foundation for Children, Youth and the Law v Canada (AG) (en)
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| - Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter. (en)
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Dissent
| - Deschamps J. (en)
- Arbour J. (en)
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docket
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JoinMajority
| - Gonthier, Iacobucci, Major, Bastarache and LeBel JJ. (en)
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citations
| - [2004] 1 S.C.R. 76, 2004 SCC 4 (en)
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date
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history
| - Judgment for the Attorney General of Canada in the Court of Appeal for Ontario. (en)
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ratio
| - Section 43 of the Criminal Code does not infringe the Canadian Charter of Rights and Freedoms, provided the section is interpreted as follows: The force must be intended to actually correct the child's behaviour. The force cannot result in harm or the prospect of harm. (en)
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| - Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter. (en)
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case-name
| - Canadian Foundation for Children, Youth and the Law v Canada (en)
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full-case-name
| - Canadian Foundation for Children, Youth and the Law v. Attorney General in Right of Canada (en)
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