Sure, absolutely.
We know that, in both the child welfare and the criminal legal system in Canada, indigenous people, racialized people, especially Black people, and poor and working-class people are overrepresented, and they're oversurveilled compared to their affluent, whiter counterparts.
The concern is not that if section 43 is repealed, in the morning we will see swaths of parents being arrested across the country, but that those who are already within more heavily surveilled systems will have these types of incidents come to the attention of state authorities and worked through the criminal legal system at some level, and that there will be gendered, racial and class elements. For instance, we know that in Ontario, 86% of cases of child maltreatment found to have been verified as of 2018 involve biological mothers, and 90% involve female carers. We also know that uses of physical discipline or non-consensual touch are more likely to occur in homes where there is greater economic stress, in single-parent households, etc.
I believe that we will likely see a continuation of these forms of inequality. I think it's important to note that, yes, this defence is a colonial one, but the entire Criminal Code is a colonial construct that was imposed in the late 19th century, and it's that part of the system that will be aimed at this kind of contact.