Sansone, G., Fallon, B., Vandermorris, A., Zunino, A. & Milne, C. (2024). Understanding the Effects of Corporal Punishment on Children, Families and Communities and Implications for Legal Reform in Canada. Toronto, Ontario: Policy Bench, Fraser Mustard Institute of Human Development, University of Toronto.
Overview of Issue: Researchers and public health organizations have called for stronger legal action against corporal punishment of children in Canada; however, the issue remains controversial. In particular, there are concerns around the potential impact of bans on corporal punishment for different communities. Therefore, any future policy change related to corporal punishment in Canada must be based on careful consideration and research to understand how to maximize the benefits for children without causing further harm to families of different backgrounds and communities or placing undue burden on child-serving systems and services.
Background: At least 67 countries around the world have fully prohibited corporal punishment of children. However, in Canada, Section 43 of the Criminal Code currently allows for the use of reasonable physical force – including corporal punishment – against children under certain conditions. This means that children are the only group of citizens in the country who are not fully protected from physical violence by parents, caregivers, and educators – despite growing evidence that has led to a shift away from physical punishment of children towards alternative approaches to discipline.
Objective: This report provides a summary of the literature on corporal punishment; its effects on children, families and communities; and the implications for legislation. The aim is to inform ongoing efforts to reform laws around corporal punishment in Canada in ways that promote optimal outcomes for children and families.
Key Findings: Overall, findings from the available literature indicate that a legal prohibition on corporal punishment in Canada would be supported from both an evidence-based approach and a child-rights approach. First, experts assert that the balance of evidence on the effects of corporal punishment on children clearly demonstrates its potential harms, with studies showing associations between corporal punishment and multiple adverse outcomes and no clear evidence showing benefits for children’s development or behaviour. Moreover, evidence does not support corporal punishment as being any more effective compared to alternative discipline methods. Data from studies in other countries also demonstrates that national bans on corporal punishment can be implemented successfully; however, the effectiveness of such laws may be enhanced by additional measures and strategies, including: building awareness through public education campaigns; providing families with access to parenting supports and services; engagement with different racial, ethnic and cultural communities; and monitoring and evaluation of the impact of these strategies.
Implications: Canada’s allowance of the use of physical force against children under the Criminal Code is in conflict with national and international recommendations and obligations – which have established that a complete ban on corporal punishment both inside and outside the home is necessary to fully protect children from violence. However, given the complexity of the issue and the challenges Canada has faced to date in reforming legislation around corporal punishment, it is necessary to consider additional strategies to ensure that legal reform is both acceptable and effective across different cultural groups and communities.