Thank you, Madam Chair. I will be pleased to explain.
We understand the intent of Bill C‑273. Yet we must not lose sight of the fact that it will have much broader repercussions than the concerns expressed by certain parties to the truth and reconciliation debate. When the final report of the Truth and Reconciliation Commission of Canada was drafted, the goal was to find solutions to prevent the deplorable situations of the past that affected indigenous communities. I agree with that. Those abuses are unacceptable, not just for the first nations, but for society as a whole. We do not want children to be subjected to violence, either at home or at school.
That said, repealing section 43 of the Criminal Code would have negative effects that we cannot ignore. I am referring to the testimony we have heard, Madam Chair. I am thinking in particular of Mr. Sébastien Joly, from the Quebec Provincial Association of Teachers, who said that QPAT was convinced of the following:
…the removal of the elements of protection included in section 43, in the absence of an amendment to the Criminal Code to guarantee protections for school staff, would constitute a serious risk for teachers as well as other categories of school staff…
We also heard from Ms. Heidi Yetman, president of the Canadian Teachers' Federation, who stated that:
…the federation cannot support this legislation passing unamended. The risk of unintended consequences that could make classrooms more unsafe is too great. Teachers need to be able to physically intervene in certain classroom situations. This is the reality of dealing with complex classrooms with complex needs.
These concerns are important to us in the Bloc Québécois. We cannot ignore them. There was also the 2023 Supreme Court decision in the Bender case, Madam Chair. That is very recent. That was a ruling on an appeal of an Ontario court decision that recognized the application of section 43 in acquitting a teacher accused of assaulting a child. I will not summarize the whole decision. I think we are all familiar with it. The Supreme Court issued the following warning:
62 Without section 43, Canada's broad assault law would criminalize force falling far short of what we think of as corporal punishment. The decision not to criminalize such conduct is not grounded in devaluation of the child, but in a concern that to do so risks ruining lives and breaking up families—a burden that in large part would be borne by children and outweigh any benefit derived from applying the criminal process.
Further, in Japan, the Child Abuse Prevention and Treatment Act, which came into force in 2020, states roughly the following:
“A person who exercises parental authority over a child shall not discipline the child by inflicting corporal punishment upon him/her or by taking other forms of action that go beyond the scope necessary for the care and education of the child”.
I think section 43 needs to be reviewed in light of legal and cultural changes in Quebec and Canada.
I think this is needed, but simply repealing the section would be a serious error that would fly in the face of international movements in the field of the education and correction of children. We propose an amendment, Madam Chair, and I will read it out since it is not very long.
I propose that section 43 be replaced by the following:
43 A person who exercises parental authority, or to whom that authority has been delegated, must not subject a child under their care to any corporal punishment or to any other violence. However, the person may use force that is reasonably necessary for the safety of the child or of a third party or for the child's upbringing.
That would allow teachers, parents or anyone else with parental authority to use reasonable force with the child. Let us recall the Supreme Court's example of placing a child in a chair for a time-out. Similarly, a child may sometimes have to be expelled from the classroom if they pose a danger to the children in the class. If there is a fight between students, a teacher must use reasonable force to intervene. A fight cannot be broken up by saying it would be nice to stop fighting. We might wish it were so, but that is not reality. Anyone who has raised a child knows that full well.
It is unacceptable to use force or corporal punishment by hitting a child with a stick, for instance. No one thinks corporal punishment is acceptable. Yet we do think it is entirely justifiable to use reasonable force to control and protect a child and to protect a third party if the child is having an outburst and wants to fight. That is the approach taken in other parts of the world. I mentioned for example the recent legislative changes in Japan, as well as the Supreme Court decision in Bender.
We have heard testimony from education experts. I say that with the utmost respect because they know more about it than I do and probably more than each one of us at the table. The Quebec Provincial Association of Teachers and the Canadian Teachers' Federation have told us that repealing section 43 would be a mistake.
On that basis, I think our amendment would address everyone's concerns and further the interests of children, teachers, parents and any person with parental authority in Quebec and Canada.