Are We "There" Yet - A Comparative Analysis of the Canadian Standards on the Corporal Punishment of Children in Schools

Oct 15, 2026

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The paper compares Canadian provincial and national legislative standards on corporal punishment of children in schools, focusing on how Canada’s approach aligns with international norms. It examines legal developments, including the prohibition in several provinces since the 1970s, and discusses continuing gaps in places without provincial statutory bans. The study links the debate to Section 43 of the Criminal Code, the Truth and Reconciliation report, and the severe behavioral and psychological harms on affected children.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages17

Reading Time43 min

AccessFree to download

Introduction

Legislative status in Canadian provinces

Ongoing national debate and Section 43

Defining corporal punishment and international framing

Are We "There" Yet?: A Comparative Analysis of the Canadian Standards on the Corporal Punishment of Children in Schools By Caroline Locher-Lo 􀀍 In 1973, British Columbia (B. C.) became the first province in Canada to forbid corporal punishment in public schools (B. C. School Act), followed by the majority of the other provinces. Alberta and Manitoba however, still have no provincially enacted legal prohibition, although many school boards have updated their policies to state that corporal punishment should be prohibited. The spotlight on efforts to repeal Section 43 of the Criminal Code may have dimmed over time on the national stage, but the recent Canadian Truth and Reconciliation report has ignited this issue once again. My article explores the existing laws with a comparative approach (Reimann & Zimmermann, 2008; Orucu & Nelken, 2007), in terms of where Canada stands in relation to other nations’ legislative standards and practices. It also addresses the severe behavioural and psychological implications on impacted children. As a developed nation, Canada needs to reconsider its current state of "progress" by inspecting and reviewing existing discourses and legislatives to ensure successful prevention of corporal punishment in schools. This paper intends not only to contribute to the advancement of Canadian legislative standards, but also to practices in local and international education. Keywords: abolition, corporal punishment, international standards, laws and legislatives, school children. Introduction The 6 volumes and over two million words of the Truth and Reconciliation report (TRC) drafted by the Commission of Canada was made publicly available in December 2015. It once again reignited a debate on the century-old question of whether the corporal punishment of children should be considered a private affair, or one regulated by the state. The Truth and Reconciliation Commission in its final report declared that corporal punishment is "a relic of a discredited past that has no place in Canadian schools or homes" (Truth and Reconciliation Commission of Canada, 2015, p. 144) . Despite this statement sounding selfjustifiable, some Canadians prefer to reserve their support on such a view. Both sides of the argument have faithful supporters, and repealing or abolishing Section 43 of the Canadian Criminal Code has been fiercely discussed. Canada is not alone in this matter. A 2010 publication by professors and researchers Taylor, Manganello, Lee and Rice, from Tulane University and various other Universities in the United States for the Journal of Paediatrics, has reinvigorated this moral dilemma in the mass media. The spotlight on 􀀍 PhD Student/Research Assistant, University of British Columbia, Canada. [https://doi.org/10.30958/aje.5-1-5](https://doi.org/10.30958/aje.5-1-5) doi=10.30958/aje.5-1-5 corporal punishment may have dimmed for some time on the national and international stage, but the issue never really went away, as there have always been debates, initiatives and reviews at various levels in many parts of the world. The recent focus on addressing and reconciling issues for the healing process of First Nations residential school survivors is an exemplary and catalytic case revealing divergent perceptions and standards between and within the Canadian government, educators, parents and the general public on abolishing or repealing laws relating to corporal punishment. Many may agree that in order to correct children’s misbehaviour, at some point, parents, guardians or teachers may have to intervene or discipline them. But can we raise and educate children to behave better when we resort to spanking? From an anthropological or paediatric point of view, children are the most impressible group of humanity. Astonishing or horrifying experiences leave long term imprints on their memory (Riak, 2003) . Even without an academic study’s support, one can observe this from the engrained personal experience

FAQs

Which Canadian provinces have enacted laws prohibiting corporal punishment in public schools?

The paper lists provinces including British Columbia (1973), New Brunswick (1990), Nova Scotia (1989), the Yukon (1990), Prince Edward Island (1993), Nunavut (1995), the Northwest Territories (1995), Quebec (1997), Newfoundland (1997), Saskatchewan (2005), and Ontario (2009).

Why is Section 43 of the Canadian Criminal Code central to the discussion?

The paper explains that efforts to repeal or abolish Section 43 have been actively debated. It also notes how the Truth and Reconciliation report reignited attention to the issue.

How does the paper explain the effects of corporal punishment on children?

It addresses severe behavioral and psychological implications, arguing that children are highly impressionable and that harsh experiences can leave long-term imprints on memory.

Oct 15, 2026

Upload by Mimi