songanddancegirl

"It's about words, and words are all I have…"

OUT OF THE MOUTHS

OUT  OF  THE  MOUTHS       OF  BABES

Blood filled her mouth   before breakfast

yesterday    I tell her that in Canada  no one

is allowed to  hurt her   leave bruises   make

her bleed    But you have wars?    This logic

is exceedingly logical    and  should stop all

further attempts to reassure her that she now

resides  among a   peaceloving   tribe    

 

I take another  weak stab –

Well at least they don’t shout & hit you at school

There’s shouting   all the time   and  all the kids          hit

You don’t know much about your country   now do you    Ms. Child Therapist ?

__

The issue before the Supreme Court of Canada was whether s.43 of the Criminal Code of Canada is unconstitutional. Section 43 provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care provided that the force used is reasonable in all of the circumstances.

Decision

The Supreme Court of Canada decided that section 43 of the Criminal Code is constitutional; it found that section 43 does not violate a child’s rights to security of the person and equality, and is not cruel and unusual punishment. More specifically, the Supreme Court held that section 43 ensures that the criminal law applies to any use of force that harms a child, but does not apply where the use of force is part of a genuine effort to educate the child, poses no reasonable risk of harm that is more than transitory and trifling, and is reasonable under the circumstances.

 

Winter  2012      (…hoping this decision is as transitory  as it is trifling…)

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