Posted on 29 May 2009
Charlottetown Senator Percy Downe recently raised the concerns of the Prince Edward Island Teachers’ Federation with regard to Bill S-209, An Act to Amend the Criminal Code, during second reading of the bill in the Senate Chamber on Thursday, May 28, 2009. The proposed bill removes the justification in the Criminal Code available to schoolteachers, parents and persons standing in the place of parents of using force as a means of correction toward a pupil or child under their care.
“I was contacted by the former President of the Prince Edward Island Teachers’ Federation on behalf of Prince Edward Island teachers who expressed concerns about the proposed bill. When Bill S-209 was moved for 2nd reading, I wanted to bring the issues of the teachers to the attention of Senators so that they can carefully review the legislation before a vote is held,” said Downe.
The Canadian Teachers Federation has been clear that it cannot support the proposed amendments to Section 43 of the Criminal Code, as contained in Bill S-209.
The loss of Section 43, without replacement of some sort of protection for teachers, would put Island teachers at great risk of assault charges for as little as breaking up a fight or protecting students from harming themselves or others.
In 2004, the Supreme Court of Canada ruled that Section 43 of the Criminal Code did not violate the Canadian Charter of Rights and Freedoms. In that case, the Supreme Court of Canada specifically addressed what would constitute reasonable force by a teacher, in that Section 43 never permits teachers to use corporal punishment; it does not protect the use of force by a teacher when that force is motivated by frustration, loss of temper, or an abusive personality; and it protects teachers who use force reasonably under appropriate circumstances.
The impact of the amendment contained in the proposed bill introduces new concepts such as “excessively offensive or disruptive behaviour” and a definition of “reasonable force” that suggests a far greater degree of exposure to the prosecution of teachers under Section 43. The proposed amendment throws the current defence afforded by Section 43 into disarray and removes the essential protection afforded to teachers in Canada.
“It is very important,” concluded Downe, “that the opinions of teachers be considered before this bill can proceed.”
Please click here to read the text of this debate (pdf)