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	News | Poulin Decision | Church of God Case | Randal Dooley Death | Superior Court Application/Decision | Court of Appeal Decision | National Child Day | Open Letters to MPs | Jeffrey Baldwin Death | Emmily Lucas Death | Articles/Letters 1990 - 2012 The following includes news items and a sample of articles and letters to editors published in Canadian newspapers since 1990. They are reproduced with permission of the writers who are solely responsible for the opinions expressed. Readers are invited to contact us about including other news items or articles and letters supporting repeal. News Summary Oct 25/12 Research indicates even babies seem to have a moral compass Globe and Mail – An 8-year-old American boy’s generosity in handing over his hard-earned $1000 prize money to his 2-year-old neighbour, who suffers from leukemia, has gained praise and international attention. But scientists suggest that young children and even babies demonstrate generosity, empathy and a sense of justice and seem to have innate altruistic tendencies, and are able to make moral choices at a remarkably early age. A new documentary on CBC’s The Nature of Things, Babies, Born to be Good? explores this growing area of research. Comment: Contrast this with James A. Dobson’s (Ph.D psychology) view of toddlers: ‘The toddler “in his own innocent way” is vicious, selfish, demanding, cunning and destructive.’ ‘For children, ‘corporal punishment is not a last resort’. Dobson describes himself as a Christian psychologist and is the founder of Focus on the Family. Oct 23/12 Oshawa trial hears details of death of 2-year-old boy durhamregion.com – Michael Monckton, 28, pleads not guilty to 2nd-degree murder, aggravated assault and assault causing bodily harm to 2-year-old Keagan Davis in Jan/10. Monckton was at home alone with Keagan in the apartment he shared with the boy's mother the day the child was found without vital signs by emergency personnel responding to a 911 call. An autopsy revealed numerous bruises on the child's head, back and abdomen, as well as two broken fingers and broken wrist bones that had begun to heal, injuries to ribs and vertebrae, and to the child's abdomen that caused internal bleeding. Some of the injuries showed signs of having begun to heal, while others were recent. The trial, before Superior Court Justice Alex Sosna and a jury, continues in Oshawa. In an Oct 26 report, Monckton denies having hit the child and told police he didn't know how Keagan had sustained injuries, but speculated some bruises could have been caused by a fall down stairs, while others were the result of roughhousing with another child. Oct 18/12 Mother of 16-year-old disabled girl charged with murder Cindy Ann Shery Ali, 41, is charged with 1st degree murder in the Feb/11death of her 16-year-old disabled daughter. Police said the mother fabricated a home invasion to account for the death. She was originally charged with manslaughter before the charge was upgraded to murder. No other info is available. Canada’s report to UN Committee on its compliance with UNCRC Canada filed its 3rd and 4th reports to the UN Committee (UNC) on Canada’s compliance with the UN Convention on the Rights of the Child (UNCRC) on Nov/09. It covers the period from Jan/98 to Dec/07 and addresses both federal and provincial actions to implement the UNCRC. In a short reference to S. 43 in para 63 of its report, the govt described the section as one which “provides a defence for children’s parents, caregivers and teachers who would otherwise be found guilty of a criminal offence for a minor use of reasonable force in correcting children’s behaviour.” It then referred to the 2004 Supreme Court of Canada decision that upheld the constitutionality of section 43; found the section consistent with Canada's obligations under the UNCRC; and set out guidelines, including one that allows only minor corrective force of a transitory and trifling nature to be used. The report said that without S. 43, Canada’s “broad assault law would criminalize force falling short of what would be considered corporal punishment and would risk breaking up families in a way that would be detrimental to children.” There was no mention of whether S. 43 should be repealed or in any way amended. Oct 5/12 UNC ‘gravely concerned’ about govt response to S. 43 The UNC met with Canadian representatives on Sept 26 and 27 and issued its Concluding Observations on Oct 5, 2012. - The UNC’s 22-page response to Canada deals with all aspects of it’s report. In its Concluding Observations on Canada’s compliance with the UNCRC, the UNC made the following comments re S. 43: it is gravely concerned that corporal punishment is still condoned under S. 43, and notes with regret that the 2004 Supreme Court decision Canadian Foundation for Children, Youth and the Law v. Canada, upheld the section as constitutional, while stipulating that corporal punishment is only justified in cases of “minor corrective force of a transitory and trifling nature”. The UNC is concerned that the legalization of corporal punishment can lead to other forms of violence. (para 44) it urges Canada to repeal S. 43 of the Criminal Code to remove existing authorization of the use of “reasonable force” in disciplining children and to explicitly prohibit all forms of violence against all age groups of children, however light, within the family, in schools and in other institutions where children may be placed. (para 45) it is concerned about the high levels of violence and maltreatment against children evidenced by the Canadian Incidence Study of Reported Child Abuse and Neglect 2008. (para 46) it urges Canada to develop and implement a national strategy for the prevention of all forms of violence against all children, and allocate the necessary resources to this strategy and ensure that there is a monitoring mechanism. (para 47) Among other observations relevant to S. 43, the Committee recommends that Canada: establish a federal Children’s Ombudsman to ensure comprehensive and systematic monitoring of all children’s rights at the federal level. (para 23) strengthen and expand awareness-raising for parents, the public, children, and professionals on alternative forms of discipline and promote respect for children’s rights, while raising awareness of the adverse consequences of corporal punishment. (paras 24/25) increase its effort to systematically disseminate information on the Convention and integrate child rights education into the school system. (para (25) ensure the training of all professionals working with children to promptly identity, address and report all cases of violence against children. (paras 26/27) Canada is invited to submit its next report in July 2018 Comment: The SCC decision reinterpreted S. 43 by setting out 15 guidelines for lower courts in determining whether S. 43 was a valid defence for using force to ‘correct’ a child. One guideline was that only minor corrective force of a transitory and trifling nature could be justified by the section. With or without such a guideline, it is highly unlikely that minor force would result in a charge of assault, much less prosecution and criminal conviction. The guideline therefore does little to change the practical application of the law on S. 43. But in telling parents and the general public that minor force can be used against children, it legitimates such force even though it can easily escalate to force that causes physical and mental harm. Note also that as no change has been made to the wording of S. 43 of the Code, these guidelines are largely unknown to the public, and that ‘guidelines’ are simply a guide to lower courts, and do not appear always to be treated as binding. Oct/12 Albania prohibits all corporal punishment of children Global Initiative, London - The Law on the Protection of the Rights of the Child (2010) states in article 21 that the child shall be protected from “any form of … corporal punishment and degrading and humiliating treatment”. Corporal punishment is defined as any form of punishment resorting to the use of force aimed to cause pain or suffering, even in the slightest extent, by parents, siblings, grandparents, legal representative, relative or any other person legally responsible for the child. The law came into force in May 2011 and provides for its implementation at central and local levels working with non-profit organizations in line with rules determined by the Council of Ministers. The law is now fully in force at all levels. Sept 21/12 Edmonton parents face charges in death of 2-year-old Vancouver Sun - A 2-year-old Edmonton girl allegedly abused by her parents has died after being taken off life support at the Stollery Children's Hospital. The parents, both 34-year-old Algerian immigrants, await trial on two charges of aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life. It is not known if the parents will face further charges if the child dies. Paramedics arrived at the Edmonton family’s home on May 25 and found the girl injured, malnourished and in cardiac arrest. Her twin sister was also malnourished and injured, but is now recovering in a foster home with her older brother, who was found in good health in the home. Police said the girls weighed 13 pounds and 16 pounds at the time. The child is known as ‘Baby M’ as no member of the family can be named to protect the identities of the other children. Sept 21/12 SCC won’t keep 2-year-old on life support Toronto Star – The Supreme Court of Canada has upheld a ruling by an Alberta court that it would not be in Baby M’s best interests to keep her alive after an irreversible brain injury and an inability to breath or eat on her own. The 2-year-old Edmonton girl was allegedly abused by her parents. The girl’s father stated in an affidavit that he was a devout Muslim and that it was unthinkable for him to withdraw medical treatment for the girl. The Alberta judge had noted that the parents were in a conflict of interest because they could face more criminal charges if the child dies. The Star reported on Sept 22 that the parents would be allowed to attend an Islamic funeral service for the child. Sept 19/12 Toronto mother pleads guilty in death of 2-year-old Toronto Star – Sakina Abdurahman, the 2-year-old daughter of Sabrina Siconolfi, was found dead in her home of heat stroke in July 2010 and the mother was charged with criminal negligence causing death. The agreed statement of facts also found that the child had suffered multiple injuries, bruises, abrasions and a healing rib fracture. Neighbours reported hearing the mother,32, yelling at the child, including ‘Eat your food or I’ll kill you.’ The CAS had visited the apartment 4 days before Sakina’s death and said the child appeared to be in good health with no noticeable injuries. Charges of manslaughter, assault and failing to provide the necessities of life were withdrawn and the mother plead guilty to criminal negligence causing death. Her lawyer is asking for a non-custodial sentence. Sept 14/12 Day home operator pleads guilty in toddler death Medicine Hat News.com – Alberta day home operator, Erin Jackman, 26, pleads guilty to criminal negligence causing death of Mercedes Pepper, an 18-month old toddler. She was originally charged in July 2010 with aggravated assault and failing to provide the necessities of life but charges were upgraded two days later to manslaughter after the youngster's death from blunt force head trauma During the four-day preliminary hearing in June, 2011, Jackman admitted to flinging the toddler into the corner of a door. The child hit a door hinge as Jackman tried to put her in a "time out" for misbehavior. "She refused to stand in time out and I kept, ya know, pushing her back, turning her back into being in time out," Jackman told police. Prior to this, the day home operator had stated repeatedly that Mercedes fell from a backyard play apparatus, as well as tripped on a toy and hit her head on the floor. Criminal negligence causing death carries a maximum life sentence, though no minimum, unless a firearm was used. CBC reports that the toddler's death sparked a provincial investigation into day homes. Jackman's day home was accredited. Jackman's sentencing date is scheduled for Oct. 18. She is currently on release pending sentencing. Sept 4/12 Editor of CMAJ, Dr. John Fletcher, calls for ending S. 43 In an editorial in the Canadian Medical Association Journal, Editor in Chief, Dr. John Fletcher, calls for ending S. 43. He writes that parents need to be re-educated on how to discipline their children and given alternatives to spanking and that the law needs to be changed. Further, section 43 sends the wrong message and that to have a specific law excusing parents suggests that assault is a normal and accepted part of bringing up a child. While section 43 stands, it is a constant excuse for parents to cling to an ineffective method of child discipline when better approaches are available. It is time, he writes, for Canada to remove this anachronistic excuse for poor parenting from the statute book. Click for the article Sept 4/12 Justice Minister says ‘spanking law’ unlikely to change A spokeswoman for Justice Minister Rob Nicholson says that the ‘spanking law’ (ie, S. 43) is unlikely to change. “Parents are in the best position to raise their children,” Julie Di Mambro wrote in an email to the Post. “We believe it is up to them, not the government, to decide what is best for their children so long as it is within reason.” Aug 10/12 US pediatrician charged for ‘waterboarding’ daughter News West.com – A Delaware pediatrician, Dr. Melvin Morse, 58, who has appeared on national TV for his research on near-death experiences told investigators he "waterboarded" his 11-year-old daughter several times by holding her face under a running faucet. He and his wife are charged with several felony counts based on the daughter's claim. State officials on Thursday ordered the emergency suspension of Morse's medical license. State police said the girl was subjected to such punishment at least four times and that her mother witnessed some of the incidents but did not stop them. The ministry’s child death review will try to establish what went wrong and whether policy changes can prevent future tragedies. At the time of his arrest, Morse was out on bail on misdemeanor charges of assault and endangering the welfare of a child. Those charges stemmed from a July incident in which authorities allege Morse grabbed the 11-year-old by the ankle and, as her 6-year-old sister watched, dragged her across a gravel driveway, took her inside the family's home and began spanking her. Morse's Web site is strewn with commentary about God, love, family and death. July 31/12 Doctors reminded of psychological maltreatment of children Globe and Mail – Dr. Harriet MacMillan, pediatrician and psychiatrist, McMaster University, Hamilton, co-authors an updated position statement on psychological maltreatment of children: described as children who are persistently belittled or humiliated. The statement is intended to make doctors aware of such maltreatment and to interview the child alone if they suspect it is occurring. The statement is published in the American Academy of Pediatrics journal, Pediatrics and refers to studies in Britain and the US, which suggest that almost 9% of women and 4% of men report severe psychological abuse during childhood. July 21/12 Review to be launched in death of 13-month-old foster child The Star Phoenix - Saskatchewan -Allen Charles Davidson, 38, pleads guilty to manslaughter in the death of 13-month-old foster child Genesis Vandell Parenteau-Dillon in Saskatchewan last November and is sentenced to 10 years in prison. The child suffered numerous blunt force trauma to the head and torso at a home in Paradise Hill. Bruises around the child's eyes were described as "raccoon eyes," his lip was torn inside and there were severe contusions on his upper and lower back, left buttock, left forearm and right forearm. Davidson had been living common law with the foster mother, Cheryl McLellan, for about 6 months when the fatal assault occurred. McLellan was at a foster parent-training program at Onion Lake First Nation at the time of the assault. Davidson's long criminal record and addiction to narcotics has raised questions about why a child protection agency placed Genesis and another toddler in the home. The Star Phoenix reports on July 25 that a “child death review” will be launched by the Ministry of Social Services and the Onion Lake Child and Family Services agency but will not be made public. It will be given to the Children’s Advocate Office, which will decide whether to conduct its own review. July 20/12 Inquest launched into guardians’ beating death of 7-year-old CTV News – A coroner's inquest has been launched in the Toronto death of 7-year-old Katelynn Sampson who was fatally beaten by her legal guardians 4 years ago following prolonged physical abuse while in their care. The case drew widespread outrage and touched off a public debate over foster care. Coroner Dr. David Eden says a jury will examine the events surrounding the murder and may issue recommendations on how to prevent similar deaths. It's not known who will preside over the inquest, and the date and location have yet to be determined. See our previous reports of this case on Aug 6/08 and May 2/12. July 16/12 BC father charged with assault for spanking 3-year-old KamloopsThis Week.com – A Kamloops father is charged with assault for what he described as a “spanking” — a smack alleged to have left his 3-year-old daughter with a palm imprint on her back. Stanley Okeh, 26, originally from Nigeria, is separated from the mother but was babysitting the child when the July 26/11 incident happened. He has been on bail since August. He described the toddler as “mischievous” during the babysitting session and admitted spanking her while changing her diaper. “I was trying… I was discipline to make her better,” he told police. Testifying in court, the mother said the red marks on the girl’s back were visible for about a week. The trial will continue at a later date before Judge Stella Frame. July 8/12 US Presbyterian Church passes resolution on corporal punishment Christian Post Reporter - The 220th General Assembly of the Presbyterian Church (USA) narrowly passes a resolution against using corporal punishment on children. The General Assembly, meeting in Pittsburgh, Pa. voted 334 to 306 in favor of the resolution, with nine voters abstaining. The resolution also states that the church will now encourage "all states to enact licensing laws prohibiting corporal punishment in schools and day and residential childcare facilities." The website of Focus on the Family, a Christian organization based in Colorado, says it still supports spanking as a form of discipline in cases of willful disobedience or defiance of authority. July 6/12 Letters in Toronto Star re spanking study Three letters were published in the Toronto Star re the Afifi study noted below. See Articles/Letters 1990 - 2012 at the end of this chapter. July 4/12 Crown says Toronto father left shaken baby disabled for life Toronto Star - Malcolm Ricketts, 22, pleads not guilty to aggravated assault and criminal negligence causing bodily harm to his baby daughter, Heaven, by shaking her in March/10. The child, now age 2, was born healthy but is now developmentally delayed, has severe cerebral palsy, can neither walk nor talk and can see very little. The baby had been taken to hospital in 2009 with aspirational pneumonia and later that year with severe burns. Police were called by neighbours at that time and by the grandmother in the latest incident. In a July 11 Toronto Star report, the girlfriend of Ricketts and the child’s mother ‘fiercely defended’ him and said he was ‘perfect’. July 2/12 Manitoba study links spanking to later mental disorders Globe and Mail – A study led by University of Manitoba Professor Tracie Afifi, Community Health Sciences, is published in Pediatrics, the Journal of the American Academy of Pediatrics. It finds that harsh physical punishment, including smacking, spanking and shoving, has a strong association with increased risks of mental and personality disorders and drug and alcohol abuse, and that 2 to 7 % of mental disorders could be attributed to physical punishment. The study is the first to show that physical punishment can lead to these results even in the absence of more severe child maltreatment. Despite this research, the Institute for Marriage and Family Canada is in favor of keeping Section 43 of the Criminal Code that continues to allow spanking. See Research chapter for further information and link to study. Comment: A commentator has pointed out that ‘spanking’ is not specifically mentioned in the question posed to participants. To this, Professor Afifi responds that spanking is a form of slapping and hitting and is thus within the question posed. June 28 Delaware bill would define ‘physical injury’ to include ‘pain’ LifeSiteNews - A bill passed by the senate of the US state of Delaware would redefine the term ‘physical injury’ in child abuse laws to include any act that causes ‘pain’. The sponsor of the bill said it would establish the offence of child abuse and reflect the pain and impairment suffered by children. Attorney General, Beau Biden (son of the US vice-president) is encouraging support for the bill. The Home School Legal Defence Assn opposes the bill, saying it would make spanking a crime. If the bill passes, Delaware would become the first state in the US to outlaw corporal discipline of children by their parents. The bill now goes to the state governor. June 28/12 Stacey Patton asks: Does NAACP think it’s ok to hit kids? The Cap Times, Maddison.com - Stacy Patton, Education reporter and Spare the Kids founder comments on the arrest of megachurch pastor Creflo Dollar (see June 9 item below). After his 15-year-old daughter called 911 to say that he had choked and slapped her, Dollar was held in jail for a few hours and after his release, called his daughter a liar from the pulpit of his 30,000-member church. Whether Dollar was appropriately disciplining his daughter opens an old debate in the black community. The Georgia State Conference of the NAACP released a statement saying they were investigating Dollar’s arrest on the grounds that he has a right to be a “responsible parent and discipline his children.” Patton writes that standing up for the right to discipline by force isn’t something the NAACP should be doing. See The Cap Times (Madison, Wisconsin) website for article. June 27/12 German court bans religious circumcisions Globe and Mail – The regional court of Cologne rules that circumcising young boys on religious grounds causes grievous bodily harm. It held that ‘the fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents’ and that religious freedom would not be compromised if parents waited until the child himself could decide. The case arose out of the circumcision of a 4-year-old Muslim boy who bled heavily after an operation by a medical doctor. The doctor was charged but acquitted on other grounds. A criminal law expert stated that ‘the court has not allowed itself to be scared off by charges of anti-Semitism’. The decision has caused outrage in Germany’s Jewish community. June 26/12 Conditional discharge for whipping Manitoba foster child Vancouver Sun - Manitoba father, 49, is given conditional discharge for whipping his 11-year-old foster daughter with a riding crop for bad school behaviour. He admitted striking the child 10 times on the buttocks, resulting in minor injuries. During the punishment, he quoted Bible verses and told the child “Spare the rod, spoil the child” and “When you are evil you go to Hell.” He said he’d used corporal punishment on his other children as a “last resort” and didn’t think it was out of order, but he now “realized that maybe it was”. He was given a 2-year conditional discharge rather than a suspended sentence. June 22 Calgary mother gets 13 years for murder/attempted murder of sons Huffington Post Canada – Stacey Bourdeaux is sentenced to 13 years for manslaughter of her infant son in 2004 and the attempted murder of her 5-year-old son in 2010. The older son survived but has severe brain damage, no longer speaks, and has limited motor skills. Her defence lawyer said that Bourdeaux had been both physically and sexually abused as a child. See our Aug 28/10 report for previous information on this case. June 20/12 Ontario mother charged with murder of 3-year-old daughter Toronto Star – Nandini Jha, 35, of Mississauga, appears before Brampton court charged with 2nd degree murder in the death of her daughter, Niyati. Mystery surrounded the death of the child and police described it as ‘suspicious and previously unexplained’. The child was brought to a medical clinic in Sept/11 with head and brain injuries and died after transfer to Toronto hospital. The months-long homicide investigation will likely end in months-long court proceedings. The mother spoke in Hindi through an interpreter and is being held in custody. June 9/12 US ‘mega pastor’ arrested for assaulting 15-yr-old daughter News One for Black America – Georgia ‘Mega-church’ pastor, Creflo Dollar, arrested for tackling his daughter to the floor, punching and hitting her with a shoe during an argument about going to a party. He justified his actions by claiming that daughter hit him first and that she was being ‘disrespectful’. 2012 Curaçao bans corporal punishment in all settings Global Initiative to End All Corporal Punishment of Children – Curaçao, formerly part of the Netherlands Antilles, became autonomous in 2010 and has banned corporal punishment of children in all settings, including the home. The Joint Custody Ordinance amends the Civil Code and states that in the care and upbringing of the child, parents will not use mental or physical violence or any other degrading treatment. This came into force on 1 January 2012. See International Developments, Other Countries, for list of 33 countries that have banned corporal punishment of children. 2012 Alberta decision on S. 43 in The Law chapter A substitute teacher is convicted of common assault for pinching the ears of a 5-year-old autistic boy. It seems the judge did not consider ear pinching as the kind of corporal punishment envisaged by the Supreme Court of Canada when it held in 2004 that ‘corporal punishment by teachers is not acceptable.’ See Queen v. Burtis, The Law, Judicial Interpretation of Supreme Court of Canada Decision. May 31/12 Bill for Commissioner for Children & Youth by Marc Garneau Press Release – Liberal House Leader, MP Marc Garneau, introduces a private members’ bill to establish a federal Office of the Commissioner for Children and Young Persons. Joined by David Morley, President and CEO of Unicef Canada and Marie-Adèle Davis, Executive Director of the Canadian Paediatric Society, Mr. Garneau said his bill is drawing an enthusiastic response from organizations that advocate for children and young persons. As Canada ratified the UN Convention on the Rights of the Child in 1991, it is high time we put in place mechanisms to ensure that we honour our commitment. Comment: Congratulations to MP Marc Garneau. It is indeed ‘high time’ for a federal commissioner for children. S. 43 of the Criminal Code is a clear example of children’s issues within federal jurisdiction. It is more than ‘high time’ to end this 1892 license to hit children. May 31/12 CanLll 6 new decisions on S. 43 in The Law chapter See The Law chapter, Judicial Interpretation of Supreme Court of Canada Decision. One decision deals with differing values in a multicultural society; another canvasses reasons for conditional discharge; another deals with force for restraint; 2 deal with assaults committed between the 1970s and 1990s; and another holds that s. 43 allows spanking that causes bruises. May 30/12 US advocates plan DC rally to end school corporal punishment Child advocates are planning a Washington, DC, campaign rally on US Capitol grounds, June 20-22/12, in support of “Ending Corporal Punishment in Schools Act,” HR 3027. This is a US federal bill by New York Rep. Carolyn McCarthy to end school beatings. Promoters of the bill say corporal punishment in American schools is primarily targeted at disadvantaged children and those having special needs. Long-time child advocate, Jimmy Dunne, will deliver opening and closing speeches at the rally. May 23/12 Manitoba professor promotes positive discipline in Philippines Philippine Information Agency - The Philippines Department of Education and Department of Social Welfare and Development’s campaign to promote positive discipline is gaining strength. Recently, Save the Children pledged to support this endeavor and invited renowned child-clinical psychologist Prof. Joan Durrant, PhD. of Manitoba, Canada, to train a core group of trainers on positive discipline. Professor Durrant and her team will discuss the research base and human rights imperative for ending corporal punishment, the main component of positive discipline, and its application in homes and schools. Both departments are now determined to raise the awareness of school personnel, students, and parents on the need to end corporal punishment by conducting seminars on positive and non-violent discipline. May 17/12 Parents of 10-year-old Shakeil Boothe charged with murder Toronto Sun - Shakeil’s father, Garfield Boothe, 31, and step-mother, Nichelle Boothe-Rowe, 28, of Brampton, Ont were initially charged with failing to provide the necessities of life and manslaughter. See previous news item of May 30/11for circumstances of Shakeil’s death. Charges against the two are now upgraded to 1st degree murder. Police have never released the cause of death but some reports suggest the youngster was badly beaten and may have suffered from his injuries for a couple of days before he was found dead. The father had apparently brought Shakeil to Canada from Jamaica for a chance at a better life. The couple have been in custody since they were arrested. May 16/12 Approval of corporal punishment declines in Finland Finnish Central Union for Child Welfare - New generations of parents in Finland are less likely to physically punish their children. Only 10% of Finish parents now say corporal punishment is acceptable, down from 50 percent in the 1980s. Finish law has prohibited corporal punishment of children since 1984. The union said it appears as if the no-hitting philosophy has seeped into the national psyche. Today 97 % of those surveyed were aware of the law, up from 94 percent in 2004. The union polled around 1,000 Finns from ages 15–79 for the survey. May 2/12 Guardians plead guilty to 2nd degree murder of 7-yr-old Toronto Star – Facing trial for 1st degree murder in the 2008 death of 7-year-old Katelynn Sampson, Donna Irving and Warren Johnson, a Toronto couple and guardians of Katelynn, plead guilty to 2nd degree murder. A Toronto police officer described Katelynn’s injuries as the worst he had seen in his 2- decade career. When police searched the home where Katelynn died on Aug. 3/08 after prolonged physical abuse, they found a piece of paper on which the little girl had printed a heart wrenching sentence 62 times: “I am A awful girl that’s why know one wants me.” See our Aug 6/08 news item for previous information on this terrible case. The Toronto Star ran a May 3 column by Catherine Porter entitled “Bystander complex was in full effect” and editorialized that an inquest on this death is not enough since recommendations can be ignored; and called instead for a commission. Irwin Elman, Ontario’s children and youth advocate says there were many points of protection that failed Katelynn, "From child welfare, to community, to school." Elman is calling for an inquest, saying change the government introduced since 2008 is not enough. Vernon Beck, a child and family justice advocate with Canada Court Watch, says there needs to be more accountability when it comes to children's aid in Ontario. Most aid workers are not registered with the College of Social Workers, and Beck says that means there is no oversight. . The Toronto Star also printed letters to the editor re Katelynn’s murder. See Articles/Letter for May 6 letters in Toronto Star. The Toronto Sun also calls for an inquest into Katelynn’s death in its May 5 editorial, citing the lack of intervention by the two children’s aid societies involved in spite of clear indications that action was needed. In addition to an inquest, it writes: “It’s time to give Ontario’s ombudsman, Andre Morin, the power to investigate the system and recommend how to fix it.” Comment: The case was reported fully in the print edition of the National Post, May 1, but not in the print edition of the Globe and Mail. The Toronto Sun and Winnipeg Free Press also reported the case but other newspapers do not appear to have done so. Many of these child abuse deaths and injuries are unknown to a wider public and only noted by local newspapers where the deaths occur in the city or province. May 2/12 Daycare owner murder charge changed to criminal negligence. Mississauga.com - Toronto daycare owner, April Luckese, was charged in Jan/11with 2nd degree murder in the death of 14-month-old Duy-An Nguyen at her daycare but the Peel Crown Attorney stayed the charge in Dec/11. Luckese was subsequently charged with criminal negligence causing death and failing to provide the necessities of life and has been on bail under strict conditions amounting to house arrest. A pre-trial hearing is expected. See our Jan 9/11 new item for information on this child’s death. Ap 28/12 US scholar speaks of abuse in black US families Post on Truth Can Prevail - Every three minutes of every day, a black US child is abused or neglected, and one dies from that abuse or neglect at the hands of parents or parental figures. That cycle of corporal punishment in black families has historical roots, according to Stacey Patton, scholar and child advocate, who was keynote speaker at 22nd annual forum on child abuse and neglect at Indiana University Northwest. "The fact that so many black people legitimize abuse as a form of responsible parenting, effectively demonstrates how the intergenerational transmission of trauma continues to mentally shackle us and perpetuates rampant abuse which feeds a disproportionate number of young into the foster care and juvenile justice industries," she said. Ap 24/12 Father convicted for ‘spanking’ children with wooden fork CBC News - New Brunswick father, Jeffrey Kerr Smith, 48, is found guilty of assaulting his 3 children with a weapon after he spanked them with a wooden fork several times each two years ago. "The spanking was done in anger," Justice Judy Clendening said. "It was not administered to correct behaviour, but rather as a punishment that was not reasonable in the circumstances”. In a police interview, Smith asserted his belief in the importance of physical discipline for children and maintained he would continue to use corporal punishment even under the threat of criminal prosecution. Smith had a similar previous conviction. Martha McKinnon, ED, Justice for Children, said that the courts are seeing more cases involving corporal punishment than they did a decade ago, largely because people are more aware and are reporting cases of suspected abuse. Ap 13/12 Class action claim against Ontario school for blind Toronto Star – Ex-students of the provincially run W. Ross MacDonald School for visually-impaired children in Brampton, ask the Ontario court to certify a class action suit against the school, alleging students were slapped, kicked and punched as punishment by teachers and staff. They are claiming $200 million in damages from 1951 to the present on the basis that the province knew or ought to have known of the abuse. As many as 1000 former students could be affected. Court documents paint a grim picture of bullying and abuse at the school. Ap 10/12 City counselor proposes monitoring immigrant children for abuse Thestar.com - Toronto Councillor Michael Thompson introduces a motion at city council to establish a registry as a way to monitor children coming into the city. The motion follows arrests made in the 1994 “suitcase” murder of 17-year-old Melonie Biddersingh, whose body was found in a burning suitcase after police received a tip last November. Melonie had never been reported missing, and schools or government agencies did not know of her disappearance. Her body was found in Vaughan in 1994, four years after she and her brother, Dwayne, arrived in Toronto from Jamaica as landed immigrants to live with her father and step-mother. Police have charged Everton and Elaine Biddersingh, now living in Welland, Ont., in the slaying. Dwayne died in 1992 when he plunged 22 storeys from a Parkdale apartment. Police ruled the death a suicide, but have since reopened the case in light of the murder charges. AP 7/12 US activists launch alliance to end physical punishment of children The hitting Stops Here! - A number of US activists launch an alliance to end all forms of physical and emotional punishment of children. Called the U.S. Alliance to End the Hitting of Children, it brings together individuals, groups, and organizations to create a unified voice calling for an end to all forms of physical and emotional punishment of children. The Alliance, through education and legal means, seeks to end all social justifications and legal authorizations for corporal punishment. Achieving these goals will give children the same protection from this sort of physical violence as is already enjoyed by adults under state and federal law. Click http://www.endhittingusa.org for website. April 2/12 More NZ parents rule out smacking children NZ Herald.co.nz - A New Zealand survey shows an increase in the number of parents who choose not to smack their children, in line with the controversial "anti-smacking law" implemented in 2007. The Conservative lobby group, Family First, commissioned the survey from Curia Market Research. It is based on responses from 500 parents of children aged less than 12. It found that 44 % reported never smacking their children since the 2007 legislative change to remove the defence of "reasonable ... force" for parents who hit their children for correction; 29% said they had smacked rarely since the change; 21% said occasionally; 1 % said they frequently smacked their children and 5% were unsure or refused to answer. Family First national director said the poll found that parents were "flouting the anti-smacking law, and will continue to do so, despite risking prosecution". But Children’s Commissioner Russell Wills, interpreted the findings differently and said: "The striking thing about that data is the large number of parents who never hit their children or do so only very rarely." Sue Bradford, the former Green MP who introduced the law change said: "I'm really heartened by the survey." See International Developments, New Zealand for more information on survey. April/12 APA to consider resolution on corporal punishment Monitor on Psychology, Brendon L. Smith, The case against spanking – Physical punishment is slowly declining in the US as some studies reveal lasting harms for children but many parents aren’t hearing the message. Spanking doesn’t work, says Alan Kasdin, PhD, a Yale University psychology professor who served as president of the American Psychological Assn (APA) in 2008. “Physical punishment doesn’t work to get kids to comply. So parents think they have to keep escalating it. That is why it is so dangerous,” says Elizabeth Gershoff, PhD, University of Texas who wrote a 2008 report on physical punishment in the US that recommends parents avoid such punishment. The APA will consider a resolution on corporal punishment this year. April/12 Three recent judicial decisions on S. 43 The 2012 decision is from Manitoba. One of the 2011decisions is from Newfoundland and Labrador. The other is the New Brunswick Court of Appeal’s split decision ordering a new trial after a Provincial Court judge found a father guilty of assault for spanking his son and sentenced him to 45 days in jail. See The Law, Judicial Interpretation of Supreme Court of Canada Decision. The New Brunswick decision is also noted as a News item on Sept 13/11. Mar 27/12 Obituary - Lloyd Dennis, Ontario education reformer Globe and Mail – Lloyd Dennis, who died March 7 in Orillia, Ont., at the age of 88, was one of his generation’s most influential educators, revered by many and misunderstood by some. He wrote the 1968 report Living and Learning: The Report of the Provincial Committee on Aims and Objectives of Education in the Schools of Ontario, better known as the Hall-Dennis Report. Included among other progressive reforms to a curriculum that had remained unchanged for half a century, was a recommendation to end corporal punishment in schools. Living and Learning became the most internationally recognized and respected report ever produced in Ontario and perhaps the most-quoted document ever published in the province. Dennis was made an officer of the Order of Canada in 1971 and later received the Order of Ontario. Mar 26/12 Sentencing arguments in Calgary manslaughter case Crown prosecutor seeks a total 18-year sentence for Stacey Bourdeaux, who kept secret the smothering death of her infant son in 2004 until after she attempted to kill his 5-year-old brother in 2010. Her lawyer argues for a total sentence of 8 to 10 years. She will be sentenced June 22. See Aug 28/10 and Aug 3/11 news items for more information. Mar 21/12 US pastor guilty of conspiracy for advocating rods for punishment Wisconsin State Journal - A Black Earth pastor is found guilty of 8 counts of conspiracy to commit child abuse for advocating the use of wooden rods to ‘spank’ children as young as two months. The jury found Philip Caminiti, 54, pastor of the Aleitheia Bible Church, guilty of having instructed members of his flock to punish infants and toddlers by striking them on the bare buttocks with wood dowels in order to teach them to behave correctly – fitting the church's literal interpretation of the Bible. The oldest child was 5 when the practice was stopped after police intervened in Nov/10. Also facing child abuse charges are his son, daughter-in-law, daughter and son-in-law. Mar 19/12 Spanking kids with genetic predisposition to aggression NBC, HealthdayNews- Spanking as a method of discipline for kids who have a genetic predisposition to aggressive behavior likely makes them even more aggressive, especially boys, new research suggests. "There's an intricate interplay between nature and nurture," said study co-author J.C. Barnes, an assistant professor of criminology at the University of Texas at Dallas School of Economic, Political and Policy Sciences. "Most people know that genes matter, but genes and environment can coalesce, and we see things above and beyond what's expected." While the 2011 study found this effect was statistically pronounced in males, Barnes said that the combination of aggressive genes and being spanked as a child likely influences girls' behaviors, too. See Research chapter for study. Mar 15/12 Alta premier ‘taken aback’ by survey results re slapping a child Toronto Star – A Leger Marketing survey of 1000 men living in Alberta 18 or older found that 21% said that slapping a child’s face is acceptable behaviour. The premier, Alison Redford, said this made her “sick to (her) stomach”. “I think it is very troubling, and as the mother of a 9-year-old, I want us to do better as a community, she said. “We have to start saying to people that this behaviour is inappropriate…It’s not acceptable in Alberta in 2012.” The survey was completed between Feb 6 and 27. The same survey found that 1 in 10 Alberta men said hitting a woman is okay if she makes them angry. A Statistics Canada report released in 2011 said that Alberta and Saskatchewan have the highest rates of spousal abuse in Canada. Mar 12/12 Physical punishment is unacceptable Ottawa citizen, Elisa Romano - As a researcher and clinician working in the area of children's well-being, parenting, and child maltreatment, I fully support arguments to remove Section 43 of Canada's Criminal Code which gives parents the right to use "reasonable force" as a disciplinary strategy toward a child in their care. The UN Convention on the Rights of the Child (1989) states that children have the right to protection from all forms of physical violence, injury, or abuse from parents or legal guardians (Article 19). I believe the Supreme Court of Canada (2004) amendments made to Section 43 fall short of this responsibility and basically amount to setting forth guidelines about when and how it is acceptable to hit a child. See Letters/Articles for full article. Mar 4/12 Ottawa Citizen Interviews Ron Ensom The Ottawa Citizen interviews Ron Ensom, former head of Child Protection Services, Children’s Hospital of Eastern Ontario and co-researcher of studies on the effects of corporal punishment. While the institute on Marriage and Family Canada states that parents know the difference between spanking and child abuse, Ensom says that isn’t the issue. “But the key point gets lost with this misleading use of language. Abuse is obviously harmful to children and we now know that physical punishment is harmful too.” Ensom says most physical abuse is punishment that has escalated and that 75 per cent of substantiated physical abuse of children occurs during episodes of physical punishment. Further, children who are spanked are seven times more likely to be severely assaulted by their parents than children who are not spanked. So why continue to allow physical punishment?, Ensom asks. See Articles/Letters for full report of interview. Mar 3/12 Physical punishment now banned in 32 countries Ottawa Citizen, Shelley Page - an increasing number of mostly European countries, including Austria, Germany and Spain, but also South Sudan and Kenya (in 2010) have outlawed spanking. In the United States, many African and most Asian countries, spanking, whipping, smacking or slapping by parents is legal, along with the use of paddles or belts. See International Developments for more information. Mar 2/12 ‘Childist’ Nation: Does America hate kids? TIME Ideas, Judith Warner - In her recently published book, Childism: Confronting Prejudice Against Children, Elisabeth Young-Bruehl, a psychoanalyst and biographer, argues that childism — which she defines as prejudice against children — is, and has long been, rife in US society. It was a pillar of the “family values” movement that, beginning in the 1970s, defended the rights of parents to do what they would with their kids free from government “interference.” It explains why the US has never had programs like a ban on corporal punishment. The new backlash, directed against what’s perceived as the loosey-goosey, self-esteem-obsessed, hyper-solicitous parenting style of the past two decades, has brought us books like Amy Chua’s Battle Hymn of the Tiger Mother, and Pamela Druckerman’s Bringing Up Bebe. Young-Bruehl noted that the concept of childism can — and should — force us to think differently about the whole range of parent behavior ranging from spanking to child abuse. The book was also reviewed in the Globe and Mail. Mar 1/12 Smart parenting follow the heart CambridgeTimes.ca, Mike Cottrill, Guest Columnist - Barbarism. Have we not evolved as a society? The idea that striking a child in the name of discipline ever qualifies as acceptable parenting is an abomination. Many studies have shown that positive reinforcement is more effective than punishment. So what’s the answer? More education on parenting – especially in the field of child discipline, striking down section 43 of the Canadian Criminal Code that allows parents and caregivers to hit a child, and radically changing the way we, as a society, view violence. “Good parenting isn’t about your fists; it’s about your heart”. Feb 23/12 Manitoba first to put anti-child abuse program in schools Winnipeg Free Press – The province is rolling out a school anti-child-abuse program that Sheldon Kennedy helped create to protect children in sports from the kind of abuse he suffered at the hands of disgraced junior hockey coach Graham James. Called ‘Respect in Schools’ it is a two-and-a-half-hour online program that uses a series of vignettes that show adults how to spot signs of abuse, bullying, harassment and neglect in children. It then instructs them in the language that can help them respond to children in trouble. The province is channeling $300,000 over three years to make the program available through school divisions. Feb 22/12 Quebec bill requires schools to adopt anti- bullying-violence plan The Epoch Times – Quebec Bill 56 would require all Quebec schools to adopt an anti-bullying and anti-violence plan. The government also announced a major TV and Internet media campaign to raise awareness about different types of bullying and urge people to stand up against it. According to Statistics Canada, Quebec has a higher incidence of bullying than the national average—10 percent of all Quebec students are victims of acts of bullying at least once per week, compared with the national average of 8 percent. The high-profile suicide of a 15-year-old Quebec student in November after being physically and psychologically bullied by students at her school for years, has added to pressure to find a solution. The Quebec government’s proposal is being lauded by UNICEF as an important step in curbing bullying in the province. “What makes this initiative even more welcome is that it supports several actions that UNICEF has been advocating for a number of years … based on violence prevention and a culture of respect for others.” said David Morley, president and CEO of UNICEF Canada. However, “It is unfortunate that children’s rights are not explicitly mentioned anywhere in the materials or communications issued by the government. UNICEF firmly believes that a children’s rights framework is essential in any anti-bullying and violence prevention initiative targeted towards children.” Feb 14/12 Jamaica’s belief in corporal punishment fuels violence Caribbean Journal –Op-ed: Saving Jamaica’s Youth, Kent Gammon, former candidate for Jamaica Labour Party and Attorney-at-law - According to the UNICEF Program for Children Report Card, September 2009, Jamaica has the worst levels among Latin America and Caribbean countries of violent discipline and physical punishment. The high levels of violence in our country will not abate if Jamaican society continues to have this resolute belief in corporal punishment. If we are to have a fair and productive society we must have the proper functioning of the rule of law – that means all laws apply equally to all persons. This widespread belief in Jamaica that beating children is a necessary form of discipline adds to the destructive nature of child rearing. We must understand that the best form of discipline is that which rewards good behaviour. The daily diet of verbal and physical abuse, particularly in the inner city communities, is making our children into callous human beings leading to a life of perpetual violence. Feb 15/12 Edmonton father jailed for painful spanking of 6-year-old QMI Agency - Stepfather spanked his 6-year-old stepdaughter with ‘considerable’ force causing ‘bruising and ‘great pain’. The child had come home from day care crying and upset in July/10, and the accused had taken her pants down and spanked her on the buttocks, causing extensive bruising. Pictures of the injuries on the young girl's buttocks clearly showed the spanking was done with considerable force. The 25-year-old stepfather pled guilty to assault causing bodily harm and admitted slapping the child in the face at least 3 times over the previous 7 months. He was sentenced to a 90 day jail term to be served on weekends and was placed on probation for 36 months. While on probation, the man must take further counseling for anger issues and substance abuse as well as classes on parenting. He is also forbidden from being alone with any children under the age of 14. The judge took into account that he had had a ‘rather chaotic upbringing’ that included alleged sexual abuse. Feb /12 US study estimates child maltreatment costs at $124 billion per year A study by The National Centre for Injury Prevention and Control, Atlanta, Ga and RTI International, NC, estimates that the total lifetime economic burden resulting from new cases of fatal and nonfatal child maltreatment in the US in 2008 is approximately $124 billion. The report prompts a federal US health official to call for child abuse to be treated as a high-profile public health problem. The costs include childhood health care, adult medical costs, productivity losses, child welfare costs, criminal justice costs, and special education costs. The study is reported in the Feb/12 issue of Child Abuse & Neglect. See Research chapter for study. Comment: A 2003 study funded by The Law Commission of Canada concludes that child abuse In Canada is not only devastating for the individual but also for society as a whole and estimated its annual economic costs at over $15.7 billion. See Research chapter for link to Canadian study. Feb 8/12 South Africa proposes to ban corporal punishment in home Daily News, Durban, South Africa - There has been considerable debate about the proposed amendment to the Children’s Act to ban physical punishment of children in the home. This gives us South Africans an unprecedented opportunity to begin to build a non-violent future in our violence-torn country. How we discipline our children – whether we hit them or not – goes to the core of our parenting style. The proposed amendment recognizes the importance of discipline in raising children. But it argues for a different approach to discipline that inculcates values of non-violence, self-discipline and a respect for the human rights of others. We need to address poverty and unemployment. But we have to do more than that. We need to take a long, hard look at child-rearing practices that feed and support the violence that affects all our lives, every day. Feb 6/12 CMAJ article recommends removing S. 43 from Criminal Code The Canadian Medical Assn Journal publishes a 5-page article online in which Canadian researchers, Joan Durrant and Ron Ensom, reviewed some 80 research papers on the effects of corporal punishment over the past 20 years. Entitled Physical punishment of children: lessons from 20 years of research, it concludes: “Virtually without exception, these studies found that physical punishment was associated with higher levels of aggression against parents, siblings, peers and spouses.” By 2000, research had expanded beyond its effect on childhood aggression to its association with a range of mental health problems including depression, anxiety, and psychological maladjustment, use of drugs and alcohol and reports of physical punishment escalating to abuse. Three earlier Canadian studies by Dr Harriet McMillan (1999), and by Prof Nico Trocmé (2001 and 2005), identified the connection between corporal punishment and physical abuse. The CMAJ article ends by saying that physicians should urge the federal govt to end s. 43 and that a combination of law reform and public education is needed. Click for link to CMAJ news release and see Research chapter for more information. Letters to CMAJ Feb 9 - writers responded to a CMAJ letter by Emile Therien that criticized the study and was published online. Mr. Therien is Past President of the Canada Safety Council, which advocates for effective protection of consumers from dangerous products. Four letters supporting the study were printed in response. See Articles/Letters 1990 – 2012 for first 2 letters. Feb/12 Media Reaction to CMAJ Feb 6 article on physical punishment The article and study garnered widespread national and international attention – and continues to do so. See examples below: Vancouver Sun Feb 9 editorial - The effects of physical punishment are at most half the battle, as parents also need to be educated about alternatives and pediatricians need to play a leading role in both assessing how parents discipline their children and in providing them with information about what up-to-date, evidence-based research suggests. Click for editorial. Globe and Mail Feb 6 – ‘Hard Knock Life: New Study says spanking leads to problems.’ Researchers say physically punished children get more aggressive over time than those not physically punished. Nevertheless, spanking is sanctioned in Section 43 of Canada’s Criminal Code but a committee to remove Section 43 is underway at Repeal43.org. Click for article. CBC website poll - Feb 6 -9 ‘Should spanking be allowed under Canadian law?’ Poll results: 54.76%  (3,288 votes) ‘No, there's never a reason to hit a child. 35.16%  (2,111 votes) ‘Yes, the limits set out by the Supreme Court in 2004 are reasonable.’  8.44%  (507 votes) ‘Yes, but the limits set out by the Supreme Court are too strict.’ 1.63%  (98 votes) ‘I'm not sure.’ The Canadian Children's Rights Council reports that the highest vote in the poll got the largest (330) ‘thumbs up’ comments from viewers. See its comments on CRIN website. Note: this is not a scientific poll since it is answered mainly by those who listen/watch CBC and who are sufficiently motivated to vote. Sympatico.ca News Feb 7 Op-ed Monica Bugajski ‘Should spanking children be against the law? Under Section 43 of the Criminal Code, parents have the right to spank their child, but researchers of the paper want an all-out ban on spanking. I think that since spanking isn't an acceptable form of punishment for adults, it shouldn't be one for children. I'll be honest and say that I have no idea how the law would be put into practice, but I think the most important part of passing it would be to publicly and lawfully note that spanking is not an acceptable form of punishment for anyone… just because one person grew up in a household that spanked and turned out fine doesn't mean that someone else didn't suffer, and it certainly doesn't mean that we can't evolve as a society and put the old-school practice aside.  Edmonton Journal.com/Calgary Herald Feb 20 – Elizabeth Withey ‘Isn’t spanking the parental flaw of a bygone era? The argument (that loving parents should be able to discipline their children with ‘one on the bottom’) is bunk, if you ask me. Loving parents do all sorts of stupid things that aren’t considered abusive, but aren’t good for kids. Time.com Healthland Feb 6 – ‘Why Spanking Doesn’t Work’ Studying physical punishment is difficult for researchers, who can’t randomly assign children to groups that are hit and those that aren’t. Instead, they follow children over many years, monitor how much they’re spanked, and then take measure of their aggression over time. “We find children who are physically punished get more aggressive over time and those who are not physically punished get less aggressive over time,” says the article’s lead author. UPI.com Feb 10 – Some of the studies reviewed found that physical punishment was linked to slower cognitive development and adversely affected academic achievement and suggested that physical punishment might reduce the brain's gray matter in areas associated with performance on intelligence tests. Others indicated that physical punishment could cause alterations in the parts of the brain associated with vulnerability to the abuse of drugs and alcohol. Boston Globe Feb 13 - Researchers have improved their methods of studying spanking by assessing children through the years, rather than asking adults to remember how often they were spanked - which can yield unreliable recollections. “Of course, some kids aren’t harmed at all by spanking, just like some heavy smokers suffer no harm from cigarettes,’’ sociology professor MurrayStraus said. “But they’re the lucky ones as opposed to the unlucky ones who suffer harmful side effects.’’ The American Academy of Pediatrics has long recommended against physical punishment, saying it’s of “limited effectiveness and has potentially deleterious side effects.’’ Feb 3/12 SPANKING DOWN BUT NOT OUT Globe and Mail, Life – Tralee Pierce; parenting/family reporter. London Mayor, Boris Johnson, who thinks the UK govt’s limitations on ‘smacks’ ‘limits parent rights to discipline their kids’, has brought up the spanking issue again. His remarks were in support of a UK Labour MP who said that last year’s London riots were, in part, caused by ‘lax parenting’. In Canada, spanking remains a ‘relatively private and elusive issue’ and parents might be surprised to hear that under S. 43 of the Criminal Code, we have such a law. In 2004, the Supreme Court upheld S. 43 with certain conditions, and a 2008 Senate push to strike down the law failed. Surveys show that few parents believe that spanking is constructive. If they look to the court for directions, they’ll find the SC decision ‘elusive’ and ’chillingly detailed’. Comment: The suggestion by UK politicians that London youth rioted because they were not subjected to enough physical punishment is superficial and absurd. Neither British nor Canadian parents have a legal ‘right’ to physically punish their children. Section 43 of our Criminal Code is not a right but a special defence to parental assaults on a child. Since the 2004 Supreme Court decision, the conditions attached by the Court for interpreting S. 43 have limited this defence to such an extent that it has all but ended it. But as these limitations are set out only in the Court’s lengthy (split) decision, the law on the subject is indeed ‘elusive’ and ‘chillingly detailed’. The Court’s continuing approval of ‘trifling and transitory’ hits to a child as young as 2 years of age is wrong in principle, unnecessary, harmful and potentially dangerous. In fact, the Senate studied, debated and passed a bill that would have prohibited physical punishment but Parl adjourned before the House could consider the bill. The only way to clarify the law and protect children is to repeal S. 43 and educate the public on safe and positive alternative methods of discipline. Surprisingly, in view of the space given to this article and to the views of London Mayor, Boris Johnson, only one letter in response was published in the Globe’s letters to the editor. See Letters/Articles for letter. Jan 31/12 London Mayor weighs in on spanking Globe and Mail Life, Child-Rearing – Mayor Boris Johnson sympathizes with parents who aren’t sure how hard they can smack their children under British law. He thinks parents need more leeway in using physical punishment. Another British MP says legal restrictions that make ‘reddening of the skin’ illegal are ‘confusing for his non-white constituents’. He thinks the lack of such punishment contributes to gangs and a life of violent crime. Mayor Johnson (of course) adds that parents shouldn’t be given a free pass for ‘physical abuse or for violence’. Comment: Really? And from whose viewpoint do we decide what constitutes ‘violence’? the child’s or the adult’s? Jan 30/12 Shafias convicted of murdering 3 teen daughters/sisters and “aunt” Rona Globe and Mail – All 3 Shafia accused are convicted, Ontario Superior Court Judge Robert Maranger saying: ‘It is difficult to conceive of a more despicable, more heinous crime…the apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour…that has absolutely no place in any civilized society.’ The joint murder trial began Oct 20/11 in Kingston. Because the case raises important issues of parental power and control over children and the approach of child protection authorities, an outline of the trial from its beginning to Jan/12 is summarized in indented paras below. The 3-month trial was covered in detail by all major Canadian media. The summary below is from reports in the Toronto Star and the Globe and Mail. The bodies of 3 teen-age Shafia sisters, Zainab, 19, Sahar, 17, Geeti, 13, and their ‘aunt’, Rona, 50, were found floating freely inside a submerged Nisan Sentra in the Kingston locks near Kingston Mills, Ont, on June 19/09. On July 23, the father of the girls, Mohammad Shafia, his wife, Tooba, and their son, Hamid, were charged with 4 counts of first-degree murder and conspiracy to commit murder. A computer search of the family computer found that Hamid had searched for a safe place to commit murder. On police questioning, he denied he had ‘drowned his sisters’, but did not give evidence at trial. Their lawyers advised that all would plead not guilty. At the time of the deaths, Shafia was 58, Tooba, 41, Hamid 18. The Crown alleged this was an ‘honour killing’ staged to look like an accident and that the accused had in fact planned a night trip to the locks, checked in at a nearby motel, drowned the women in an undisclosed place, piled them into the Nissan and, when it got stuck on the canal edge, pushed it into the water with their Lexus SUV. Pieces of the Lexus headlamp were found at the scene and at the site of an accident staged by Hamid in Montreal, in an attempt to show that the car had been damaged there. The autopsy could not confirm whether the victims had drowned in the car or were dead before the car went in the water. No body was found in the driver’s seat. The parents said Zainab had taken the car keys without permission for a late night joy ride with the 3 others and all had died when the car fell into the water. The Crown alleged that the motive for the killing was the family’s disapproval of the girls’ wish to dress, visit friends, have boyfriends, not wear a Muslim hijab headscarf, and live like other Canadian teenage girls. The family were Muslim but apparently not particularly religious. The Crown called an expert witness from Iran to give evidence on the culture, religion, patriarchy, and violence against women – specifically honour killings – in the Middle East and diaspora in Europe and North America. She said there is disagreement about whether ‘honour killings’ should be classified as distinct from domestic violence, but there is no debate that such killings exist. Shafia, a wealthy businessman from Afganistan via Australia, Pakistan and Dubai, had immigrated to Canada in 2006 as an ‘immigrant investor’ and lived in Montreal. Rona, who was not the ‘aunt’, but Shafia’s first wife, had entered Canada as his cousin. Shafia had married his second wife, Tooba, in Afghanistan, when Rona was unable to bear children. Rona apparently cared for the girls as if they were her own, but was treated like a servant rather than a wife. Zainab had a boyfriend and when this was discovered, she was kept out of school for a year and in April/09, fled to a women’s shelter where she described a pattern of domestic abuse. Teachers, counselors, police, and child welfare authorities were all notified, but their response was ineffective. When the father arrived unexpectedly at the house during an interview by child welfare authorities, the girls changed their story and the file was closed. Sahar had expressed worry, sadness, rejection by her mother, and suicidal thoughts to teachers and child welfare workers. She also complained of physical assaults by brother Hamid and fear of being beaten by her father. Geeti wanted to be removed from the family home and placed with foster parents. A month before her death, her last school report card showed frequent absences, lateness, and failing grades. Sahar wanted to leave home and take Geeti with her. There were 2 other incidents in 08/09 in which child protection workers had been alerted to problems in the family. In comments by Shafia, picked up by wiretap during the police investigation, he called his daughters ‘whores’ and ‘prostitutes’ for their style of dressing and associating with boyfriends; that they were dishonouring their family by their behaviour; betraying Islam; were ‘treacherous’; had brought about their own ‘rightful deaths’; and that if Sahar came back to life, he would ‘cut her to pieces’. In a wiretapped van on July 19, Shafia exclaimed: ‘Every night I used to think of myself as a cuckold. Every day I used to go and gather (her) from the arms of boys.’ Jan 31 Toronto Star editorial asks – ‘Is Canadian society turning a blind eye to domestic violence in some communities out of misplaced respect for cultural differences? and concludes that ‘those who stand guard over society’s most vulnerable must be sensitive to cultural differences without putting young lives at risk.’ Jan 31 Globe and Mail editorial – ‘Child protection authorities failed utterly to protect these children and a public inquest or other form of inquiry is needed to understand this failure.’ Jan 28 Globe and Mail – After the conclusion of the evidence, reporter John Allemang asks why the Quebec child-protection system failed to intervene effectively. The answer seems to be that the system ‘must balance protection of vulnerable children with the sanctity of the family’; the girls’ accusations didn’t seem enough to convince a judge that a court solution was ‘worth the family disruptions it would cause’; intervention could ‘tear a middle-class family apart by putting children in foster homes or shelters’. Allemang asks: did caseworkers miss cues of abuse and violence because ‘they were too respectful of authoritarian traditions and behaviours?’ Allemang quotes Professor Nico Trocmé, McGill School of Social Work, who wondered if the lack of decisive intervention had more to do with breakdowns in the child-protection system than with the cultural component of the case. Another social work professor wondered whether an unreasonable level of evidence was required to start an investigation and questioned why the sisters had to explain their situation in the presence of their parents. Sahar, who had tearfully complained to her schoolteachers about her treatment, later denied her statements. Social workers explained that to protect the family from ‘too much state intrusion’, Quebec investigations have to be carried out quickly; and resolved, taken to court, or closed. Well-intentioned decisiveness may have counted against the girls, as they were not in a position to speak out fearlessly. Feb 2 Toronto Star columnist, Rick Salutin, ended his column with this question and comment (in brackets): ‘Was sex involved in the Shafia case? Think of this astounding statement that ‘every night I used to think of myself as a cuckold’ about his daughter. Analyze that’. Feb 4/12 Safia father and son, Hamid, file intent to appeal Globe and Mail - The son’s lawyer believes all three will appeal the verdict. Feb 4/12 ‘Shafia crimes horrify Afghan community’ Globe and Mail journalists interviewed Afghan men and women in Montreal and Toronto who said the murders have bewildered and outraged the Afghan community as they have rest of the country. They said Afghan fathers have to make major adjustments on arriving in a far more permissive land and this causes family conflict, but this must be resolved through love and trust – ‘not handcuffs’. The Executive Director of the Afghan Women’s Organization in Toronto said that 30 years of war have spawned a serious gender divide. As a young woman in Afganistan she was a ‘skirt-wearing PhD candidate who lectured to classes of men’ but when she visited Afghanistan during the Taliban era, she did so under a veil. She said misogyny is less imbedded in the fabric of Afghan society than it is a byproduct of generations of war. ‘It has nothing to do with culture. The more weakened and isolated and vulnerable women are, there’s more risk of being abused. It’s power against powerlessness’. Feb 5/12 ‘Shafia kllings spark fatwa’ Toronto Star – Muslim clerics in Canada issue a fatwa against honour killings, domestic violence and hatred of women, saying these crimes are major sins in Islam, punishable by ‘the court of law and almighty Allah’. It is a reminder that Muslim men are not superior to Muslim women and should deal with family discord gently with love and kindness. Comment: The killings of these 3 teenage girls seems to result more from their father’s determination to control their lives, their bodies and their sexuality and to kill them if he couldn’t succeed, than from any notion of ‘honour’. When he couldn’t succeed, he planned their deaths and rationalized his actions to himself, his wife Tooba and son Hamid as a killing to restore the family’s ‘honour’. His belief that he owned his daughters’ minds and bodies is revealed in his wiretapped exclamation: ‘Every night I used to think of myself as a cuckold. Every day I used to go and gather (her) from the arms of boys.’ Oxford defines ‘cuckhold’ as ‘the husband of an adulteress’. This is how Shafia apparently saw himself in relation to his eldest daughter, Zainab; with the two others set to follow her example. Such was his power over his family that he was evidently able to convince wife Tooba and son Hamid that the killings were honourable. Wife, Rona, as a potential witness to the family’s treatment of the 3 girls, had to be killed as well. As for the Quebec child protection authorities: If they approach situations where a child is at serious physical or emotional risk with the view that there is a ‘sanctity’ about the family; that intervention will ‘tear it apart’; that they must protect families from ‘too much state intrusion’; that intervention in a ‘middle-class family’ is particularly intrusive, they are setting a very high standard for intervention and beginning with a strong a bias against removing children from risky situations. In fact, contact with the family need not have been completely severed, as supervised visits with the parents could have been arranged. As noted in some press comments, the authorities may also have been intimidated by the authoritarian attitude of the father and too inclined to overlook abusive words and actions on grounds of cultural differences. We agree with the Globe’s Jan 31 editorial that a public inquiry into this case is needed to understand the failure to protect these 3 teenage girls. This is not the first supposed ‘honour’ killing of young girls in Canada, and with immigration from countries with different traditions and attitudes to children, we need a better understanding of how to prevent such deaths. Jan 23, 25, 27/12 Former Toronto parents of ‘Baby Angelica’ face new charges in Jamaica Toronto Star - Former Toronto parents, Stephanie and Alphonso Warren, who abandoned their 8-month-old daughter, (nicknamed ‘Baby Angelica’ by child protection workers) in a freezing Toronto stair well in 2008 (see our Jan 30/08 item) are charged with concealing the death of their 2-year-old son in Kingston, Jamaica and failing to care for and protect him. The decomposed body of the child was found in their Kingston home. The cause of death has not yet been determined but police say the child was not a victim of ‘foul play’. After neighbours complained they had not seen the toddler for 2 months, police visited the home but left after the mother’s assurance that the child was fine. Angry neighbours then stormed the house, discovered the body, and threw sticks and stones at the father. Police could not control the crowd. In the Toronto case, Baby Angelica, with minor cuts and bruises to her face, survived and was adopted. Both parents pled guilty to abandonment: the father was given a 22-month sentence, but served only 11 months; the mother was found guilty under the Ont Child and Family Services Act (not under the Criminal Code) and fined $300. The couple’s 3 other children, all under 6 years, who appeared malnourished and developmentally delayed, were removed by authorities and adopted. They had ‘scaring on their skin and had suffered abuse akin to corporal punishment.’ The Warrens then returned to Jamaica so that any other children they had wouldn’t be taken from them. The mother admitted that she and the father had hit the children with a belt, were devoutly religious and ‘follow the Holy Bible, the King James Bible, (and) no other book.’ Dec 16/11 Murder charge dropped against Ont daycare operator Toronto Star - Charges of second-degree murder and aggravated assault are dropped against a Mississauga daycare operator, April Luckese, 35, arrested after toddler Duy-An Nguyen was fatally injured at her home daycare in Jan/11. Instead, Luckese, will be charged with criminal negligence causing death and failing to provide the necessaries of life. Her lawyer says she will plead not guilty. See our reports of the case on Jan 9/11 and Nov 7/11. Dec 12/11 Spank No More Slate, Darshak Sanghavi – It’s worth reviewing how mainstream Americans discipline children. The most recent national data from the National Institutes of Mental Health, obtained by a Gallup telephone poll, was encouraging in some respects. Still, many also hit children regularly. According to well-designed surveys, 70 percent of family physicians and 60 percent of pediatricians think “striking of the child’s buttocks or hand with an open hand … leaving no mark except transient redness” is fine. Theories abound (as to why fewer US parents are spanking). Several experts with whom I spoke pointed to tougher laws on child abuse (that is, fear of prosecution), greater use of no-spanking day-care centers and nannies by two-profession couples, or beliefs that spanking causes long-term psychological harm. That knowledge didn’t come from their health-care providers. As with many pediatrics residencies, mine included nothing on the practical aspects of parenting. And studies show that pediatricians spend only a few seconds during checkups talking about how to discipline a child. Dec 2/11 Muslim leaders denounce domestic violence Toronto Star – The Shafia trial results in a loud and clear message from 60 Muslim organizations from across Canada that the Qur’an does not sanction honour killings. It’s the first time since the 2005 London bombings that this many community leaders and organizations have come together to tackle the problem of domestic violence. Nov 17/11 History of declining violence – incl corporal punishment of children Montreal Mirror – In an exhaustive, 800-page, meticulously researched tome, Harvard prof and Montreal native, Steven Pinker, persuasively argues that we live in one of the most peaceful times in history. His latest book, The Better Angels of Our Nature: Why Violence Has Declined, uses a huge amount of empirical data to point out that tribal warfare of centuries past was 9 times as deadly as 20th-century genocide, medieval Europe’s homicide rate was more than 30 times what we face today and that the very fact that the rights of animals are discussed and debated represents a significant step forward. In particular, he says the rights movements for racial and ethnic minorities, women, gays and children have had a profound impact on our evolution as a species. He makes a cogent argument that as humans have learned to empathize, things that were once simply seen as facts of human life—torture, slavery, murder, rape, corporal punishment of children—have all been deemed unacceptable behaviour, and have thus been reduced. Nov 17/11 Trial date set for Alta daycare operator in death of 19-month-old CJCY-FM Clear Sky Radio – Three weeks have been set aside in Oct/12 for the manslaughter trial of Erin Jackman, a licenced Medicine Hat day home operator, in the death of a 19-month-old child. The child died from head trauma that police allege happened during an incident at the home of the accused. See our July 26/10 news item for previous information on this death. Nov 7/11 Ont daycare owner awaits trial in death of 14-month-old MississaugaNews - A Mississauga daycare owner, April Luckese, 35, is on bail awaiting trial for second-degree murder in the death of a 14-month-old Duy-An Nguyen. Stringent conditions amounting to house arrest have been placed on the accused. See our Jan 9/11 news item for previous information on this death. Nov 6/11 Tennessee preacher’s book cited in beating deaths of US children New York Times - US authorities say 3 children are dead, thanks in part to the teachings of an evangelical Christian couple in their sixties. Their book, To Train Up a Child, was self-published in 1994. Their teachings on child discipline advocate systematic use of “the rod” to teach toddlers to submit to authority. It provides instructions on using a switch on a baby to discourage ‘misbehavior’ and describes how to use implements to hit children on the arms, legs or back. One of the deceased children, an 11-year-old girl, had been beaten with a 15-inch plastic tube on the day she died — the very instrument the Pearls recommend for “spankings”. In all 3 deaths, police found evidence that the parents owned the book or received the ministry’s training resources online. The controversy is reinvigorating a long-running debate among Christians about how to interpret what the Bible says about corporal punishment and is raising the discussion in churches in the US and Canada. Samuel Martin, a self-described religious activist and researcher based in Jerusalem, has joined a chorus of voices trying to pull the book out of circulation. Saying the Pearls are the most visible people right now on this issue, he added that they’re just the tip of the iceberg, and doesn’t doubt Pearl’s assertion that more than three million people follow his lead and spank their children in the name of God. Nov 3/11 Teen videotapes father, a judge, beating her "into submission” CTV News Montreal – The daughter of an Arkansas County Court judge releases a video she secretly recorded of him violently whipping her 7 years ago at age16 to beat her "into submission”. She had illegally downloaded software and said she secretly turned on her camera because "she knew something was going to happen." She says the beatings happened regularly and that she uploaded the video to YouTube because her father "just needs help… I just pulled the covers off my own father's misbehaviour after so many people thought he was such a good person“. Her father, William Adams, admitted being in the video, saying "In my mind, I haven't done anything wrong other than discipline my child after she was caught stealing". Adams, Arkansas’s County's top judge, was elected in 2001 and has dealt with more than 300 family law cases this year, including 50 that involved whether parents were fit to raise their children. The 8-minute video has been viewed more than two million times since then. Police said they likely would have charged father but the beating is too long ago for charges to be laid now. Nov 1/11 CCRC releases report to UN Committee on Rights of the Child The Canadian Coalition on the Rights of Children releases its report, “Right in Principle, Right in Practice” to the UN Committee on the Rights of the Child. The purpose of the report is to assess Canada’s progress in implementing the Convention, which will be considered by the UN cmte in 2012 – likely in Sept. Among other issues, the report calls for a national strategy to reduce violence against children and removal of the defence for using force as discipline. “Realizing the rights of all children and supporting them to develop their full potential is not only the right thing to do and a legal obligation, it is also a good economic and social investment for all Canadians,” says UNICEF Canada’s Chief Advocacy Advisor, Marvin Bernstein. Oct 29/11 California police investigate abuse at youth boot camp New York Daily News - Police will investigate whether a crime occurred at a youth boot camp after videos surfaced showing instructors in military-style fatigues shouting at a boy wearing a heavy auto tire around his neck. At one point, the boy falls down crying but is ordered to stand again. In the other, several girls and boys are repeatedly ordered to drink water from colored plastic bottles. Several youngsters vomit. "The short clips that I reviewed appeared to be more of a situation of intimidation and humiliation appearing to be employed under the guise of physical activity and discipline," said a city counselor. Oct 26/11 BC babysitter charged in death of 19-month-old Globe and Mail – The adult babysitter, Tammy Bouvette, had often babysat the child, 19-month-old Iyanna, for her working parents. An autopsy confirmed that Iyanna drowned in Bouvette’s home in May. RCMP said the length of time between the death and the charge reflects an exhaustive review of the case before laying the charge of second-degree murder. Bouvette has 4 children of her own; all under the age of 10, and childcare authorities have restricted her access to them. Oct 25/11 Quebec woman charged in death of adopted daughter, 7 Toronto Star – Catherine Dufresne, Chelsea, Quebec, appears in count on a charge of first-degree murder in the death of her 7-year-old adopted daughter, Sophie Fitzpatrick. Sophie, who was adopted from China several years ago, was in Grade 2 and spoke excellent French, according to neighbours. The child was found dead in the family home. Police would not say what her injuries were, but initially said that whatever occurred at the home involved three people, all from the same family. But the father has since met with investigators and has been cleared of any involvement. The woman’s lawyer has requested a psychiatric evaluation. Oct 21/11 Murder trial begins in death of 3 teenage girls and their ‘aunt’ Toronto Star – The trial of the father, mother and 18-year-old brother for first-degree murder of the couple’s 3 daughters and the father’s first wife, Rona, begins in Kingston and is expected to last up to 10 weeks. The bodies of the daughters, Zainab, 19, Sahar, 17 and Geeti, 13, and Rona, 53, who lived with the family, were found in a car submerged near the Kingston Mills locks. The Crown alleges the car was pushed into the water by a car in a plan to kill the daughters and the ‘aunt’ in a way that would look like an accident during a family vacation. The family is originally from Afghanistan but immigrated to Montreal in 2007. The father, Mohammad Shafia, a successful businessman, his second wife, Tooba, and their son, Hamid, have all pled not guilty. The essence of the Crown’s case is that the parents and brother murdered the girls because of outrage over the girl’s westernized behaviour and belief that they had ‘betrayed’ their Islamic religion. The girls had complained to police, teachers and child welfare authorities of abuse by their father and brother, but then denied this in the presence of the father, and child welfare closed the file. Oct 20/11 Welsh Assembly to debate ban on ‘smacking’ children Childrenareunbeatable.uk - The National Assembly of Wales urges the government to bring forward legislation to remove the “reasonable punishment” defence to hitting children, so that Welsh children have the same protection as adults under the law on assault. This is an important breakthrough for the campaign across the UK. Labour Members tabled the motion with support by the leader of the Wales Liberal Democrats. The government has supported law reform to outlaw smacking in Wales since 2004, but there has been some uncertainty as to whether it had the authority to remove the defence; since Wales, unlike Scotland, shares its criminal law with England. However, the govt now believes this change can be made but cautioned that it will take time to finalize this criminal law reform. Oct/11 Togo bans all corporal punishment of children Global Initiative Newsletter - Explicit prohibition of corporal punishment is included in articles 357 and 376 of Togo’s Children’s Code (2007) and the govt has now officially confirmed that these provisions prohibit all corporal punishment, without exception. This brings the number of African states fully prohibiting corporal punishment of children to 4 and the total number worldwide to 31. Oct 3/11 Toronto 3-year-old dies ‘under mysterious circumstances’ The Link – Toronto’s Peel Regional police identify a 3-year-old Indo-Canadian girl from Mississauga who died under suspicious circumstances last week. Niyati Jha died at Toronto’s Hospital for Sick Children on Sept. 21. The homicide squad and the special victims unit are investigating. “Investigators are awaiting the results of additional forensic and medical evidence. We remain focused on determining, based on the evidence, what caused the death of this young girl,” Insp. George Koekkoek said Tuesday. Jha was brought to a medical clinic on Sept. 20. The little girl was then transported to SickKids in critical condition and placed on life support. She died Wednesday, police said. No charges have been laid. Sept 23/11 How spanking affects children – in their own words This Hurts Me More Than It Hurts You: In Words and Pictures, Children Share How Spanking Hurts and What To Do Instead. This new book by US psychologists Nadine Block and Madeleine Gomez is written and illustrated by those most affected by spanking — children. Their words and drawings show that spanking doesn’t result in the behaviors parents and teachers desire. Instead, it sows seeds of pain, despair, anger, humiliation, confusion, anger — and the continuation of a cycle of violence. Block founded the Center for Effective Discipline in l987, has worked as a teacher, school psychologist, and mental health consultant and was former co-chair of End Physical Punishment of Children (EPOCH-USA). Gomez is a licensed clinical psychologist, researcher and assistant professor at Northwestern University and a lifelong human rights advocate. Both are parents and grandparents. Sept 23/11 Bill to end corporal punishment in US schools introduced Rep. Carolyn McCarthy, New York Democrat, introduces a bill to ban corporal punishment in American schools. She said: "Bullying is enough of a problem among students; the teachers shouldn't be doing it, too. There's nothing positive or productive about corporal punishment." In 2006-2007, the latest year for which data was collated, shows that more than 220, 000 children were subjected to corporal punishment in US schools. Seven of the 19 states that authorize corporal punishment in schools are in the top 10 with respect to murder rankings per capita. States that permit schools to inflict corporal punishment on students are also among the 34 that impose the death penalty. Sept 21/11 Letters in Toronto Star re ‘Corporal Punishment and the law’ Toronto Star – Letters re the New Brunswick Court of Appeal decision noted below are published in the Toronto Star. See Articles/Letters 1990 – 2011. Sept 13/11 New trial ordered in split decision on New Brunswick spanking case dailygleaner.com – In a 2-1 decision, the New Brunswick Court of Appeal orders a new trial for a father convicted of assault for spanking his 6-year-old son in 2009. Apparently, the boy was yelling at passing cars, unbuckling his seatbelt and throwing things. After repeated warnings, the father said he spanked the child 3 times. Two witnesses who watched the spanking, said they could hear the child yelling, and that he was hit from 10 to 18 times. The father denied this and claimed he was slapping himself on the leg as a demonstration of what would happen to the child. The trial judge found this "ludicrous" and said “no spanking should go on and on to the point that strangers pick up the phone and call the police”. The appeal court said the judge was applying her own subjective views of what's reasonable under the circumstances. The dissenting judge held that the reference to the police call was just another circumstance to consider on the issue of reasonableness. The decision, reported in thestar.com, quoted lawyer Paul Schabas as saying the case could be precedent setting because the Supreme Court has held that anything beyond a “trifling and transitory” hit is not covered by S. 43. Aug 30/11 Toronto police handcuff boy with Asperger’s syndrome Toronto Sun – Toronto police defend their treatment of a 9-year-old boy with Asperger’s syndrome after they were called to a daycare centre by staff who had locked the boy in a classroom after he had barricaded himself with tables and chairs and thrown paint over the room. The boy blamed his tantrum on being bullied during the lunch hour. Children with autistic spectrum disorder can often have outbursts when they become frustrated, said Dr. Glenn Rampton, the CEO of Kerry’s Place Autism Services. But there are far better ways of dealing with the situation — such as avoiding the triggers and defusing their anger — than mechanically restraining them. The director of Autism Ontario said it has offered training to Toronto Police but unlike their colleagues in Ottawa, few have taken advantage of it. Aug 25/11 ‘Serious occurrences’ must be reported by ONT daycares Toronto Star – Starting this Nov, all licensed Ontario child-care operators must clearly post serious occurrence reports in a visible area of the centre for at least 10 days. The change follows the Jan 7/11 death of 14-month-old Duy-An Nguyen in an unlicensed home daycare and a 2-year battle by Star reporter Rob Cribb to bring these reports to light. They included incidents of children being hit and kicked and playing in dirty conditions. The education minister said privacy concerns and other details need to be worked out before serious occurrences can be posted online. Aug 22/11 UK Churches’ Network for Non-Violence holds vigil against cp Cambridge News, UK – A candlelit vigil dedicated to ending violence against children will be held in Cambridge, England Aug 23. The ‘Ending Corporal Punishment of Children’ service will be hosted by the Churches’ Network for Non-Violence and attended by the mayor of the city. The chairwoman of CNNV trustees, said: “We want children to grow up in a society of mutual respect where their human dignity is valued and where discipline is positive and non-violent. During the aftermath of the recent community violence we heard some groups calling for a return to harsh discipline such as corporal punishment. But this would be counter-productive.” Aug 19/11 Manslaughter trial in home daycare death adjourned to Oct Medicine Hat News.com – Erin Jackman, 25, charged with manslaughter July/10 in the death of an 18-month-old child at the day home she operated is adjourned to Oct 20 for more discussion between counsel. Her counsel said it shouldn't be assumed that the trial will not proceed. See July 26/10 item for report of charge arising from death of toddler, Mercedes Pepper. Aug 11/11 Calgary father charged with attempted murder of 11-month-old Toronto Star – A Calgary father is charged with attempted murder after he allegedly slashed his 11-month-old son who was rushed to hospital in critical condition after a 911 call. The baby is now in stable condition and expected to recover. Aug 3/11 Mother guilty in 2004 baby death and 2010 attempted murder of son Macleans.ca – A Calgary woman, Stacy Bourdeaux, 34, pleads guilty to manslaughter of her 10-month-old son, Sean Ronald Fewer, in Dec/04 and guilty to attempted murder of her 5-yr-old son in May/10 and failing to provide him with the necessities of life. The death of the baby came to light during investigation into the death of the 5-yr-old. She admitted smothering the baby when he wouldn't stop crying and putting a pillow over his face until he stopped breathing. At the time, his death did not raise any suspicion with the medical examiner who ruled it sudden infant death syndrome. The attack on the 5-yr-old happened in May/10, when Bourdeaux dragged the child upstairs after he had thrown a tantrum. Over a 2-hour period she attempted to choke him to death and waited several days before taking him to hospital. He survived, but has severe brain damage, no longer speaks and has limited motor skills. Bourdeaux will be in court Nov. 16 following completion of a pre-sentence and psychological-risk assessment. See Aug 28/10 for previous report on case. July 28/11 BC father charged with murder of 7-yr-old son Vancouver Sun – A Campbell River, Van Island father, Brent Allan Warren, 43, is charged with 1st degree murder in the death of his 7-year-old son, Jonathan. An ambulance was called from the house early in the morning and took Jonathan and 2 others to hospital where Jonathan died shortly after admission. There is a publication ban on the nature of the injuries and other information. July 27/11 U of T/McGill/Minnesota study finds long-term damage from cp Toronto Sun – Hitting misbehaving kids with sticks might result in immediate obedience, but new research suggests it damages in the long term. The study compared grade 1 students in two West African private schools from the same urban neighbourhood whose parents were mostly civil servants, professionals and merchants. The difference was their school discipline. One school beat disobedient kids with sticks, slaps or pinched them. The other favoured non-physical punishment such as time-outs or verbal reprimands. The students from the school with corporal punishment performed significantly worse. The study's authors from U of T, McGill and University of Minnesota say the results show kids will immediately cease bad behaviour after physical punishment, but fail to internalize the morals or rules behind the punishment. The study is published in the journal Social Development. See Research chapter for link to study. July 12/11 US methods for tallying/analysing child-abuse flawed Associated Press (from PTAVE) - In a new report to Congress, the US Government Accountability Office says state agencies and Health and Human Services should broaden the scope of data collection, improve coordination, and seek uniform definitions of abuse and maltreatment. The main source of nationwide data is the National Child Abuse and Neglect Data System, which issues an annual report based on information submitted voluntarily by states. The latest report for 2009 estimates that 1,770 children died from abuse or neglect. Nearly half of states included data only from child welfare agencies, yet not all children who die from maltreatment have had contact with these agencies; likely leading to incomplete counts due to lack of data from coroners' offices, law enforcement agencies and other sources. The report highlights various problems. Comment: Many of the problems referred to also exist in Canada and are discussed in Child Protection in Canada, Discussion Paper, 1981. See Research chapter. June 30/11 Remembering Randal 7, Tiffany 15, and Shakeil 10 Share News.com (New website of Share, described as Canada’s largest ethnic community newspaper.) Members of the Jamaican community plant a commemorative tree and erect a plaque at Glamorgan Park in memory of Randal Dooley who came to Canada from Jamaica to live with his father about a year before his death. The 7-year-old was found with 13 fractured ribs, a damaged liver, four brain injuries and a tooth embedded in his stomach. His father and stepmother were convicted in May/02 of 2nd- degree- murder in the child’s death. Since then, 2 other young Jamaican children who came to Canada to live with their fathers and stepmothers have suffered a similar fate. Last June, 15-year-old Tiffany Gayle's lifeless body was found in her Brampton home. The grade 10 student died from blunt force injuries and had come from Jamaica to join her father, Frederick Gayle and stepmother, Elizabeth Gayle. Both are now facing 2nd-degree murder charges. See June 16/10 note on Tiffany’s death. This May, the body of 10-year-old Shakeil Boothe was found in his home. His father, Brampton resident Garfield Boothe and wife Nichelle Boothe-Rowe, have been charged with 2nd degree murder. Shakeil came to Canada from Jamaica 2 years ago to be with his father. See May 30 and June 8/11 notes on Shakeil’s death. A new US website ‘SparetheKids.com’ was created in April by Dr. Stacey Patton, a black American children’s advocate and professor. Its mission is ‘to provide black parents, families and communities with a full range of alternatives to corporal punishment.’ June 24/11 US survey finds ‘staggeringly high rate of spanking’ UNC Health Care – A new survey finds that 30% of North Carolina mothers of children less than 2 years old say they have spanked their children in the last year. In addition, 5% of North Carolina mothers of 3-month-old babies say they have spanked their very young children. More than 70% of mothers of 23-month-old children say they have done so. “We were pretty surprised by the staggeringly high rate of spanking,” said Dr. Adam Zolotor, lead author of the study and assistant prof in the Dept of Family Medicine U of North Carolina, Chapel Hill. “We need to do a better job as a society teaching parents how to teach their kids what they need to learn without fear, pain, or coercion.” The study is published in the online journal Frontiers in Child and Neurodevelopmental Psychiatry. June 21/11 Alta daycare owner, Jackman, to be tried in death of toddler Medicine Hat News.com – Medicine Hat day home operator, Erin Louise Jackman, 24, is ordered to stand trial after a preliminary hearing when judge ruled there was enough evidence to proceed on manslaughter charges. A 19-month-old toddler in her care died of a critical head wound July/10. This led to charges of manslaughter and failing to provide the necessities of life. A trial will be scheduled Aug 18. Many of the details of the case have been placed under a publication ban - including all evidence at the preliminary hearing and the name of the deceased toddler. See July 26/10 note on this death. June 21/11 Bill would make failure to report child abuse an offence Bloc Québécois MP, Maria Mourani, (Ahuntsic, north Montreal) introduces a bill that would amend the Criminal Code to make it an offence to fail or neglect to inform the police or social services of a situation in which someone has reasonable grounds to believe that a child is being sexually or physically abused. In introducing the bill, she said: ‘I believe that we all have the responsibility to protect the children in our society, and if we do not do so, if we remain silent or look away, we are just as guilty as the individual committing the crime. I urge all of my colleagues to support this bill.’ Click for Bill. June 18/11 Texas bans school cp if parents object in writing A bill passed this month after extensive lobbying against school corporal punishment in Texas requires that where cp is permitted as a method of student discipline, an educator may only use it where the student's parent or guardian has previously provided a written, signed statement prohibiting its use. The bill defines cp as deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline but does not include physical pain caused by reasonable use of restraint. Supporters see this as a significant start to eventual elimination of school cp in Texas. June 16/11 Letter in Sudbury Star challenges need for spanking A June 11 article in the Sudbury Star quoted a certified parent consultant as praising her spanking of her 2-year-old 20 years ago for escaping the backyard and ‘heading for the park’. The article quoted parents of young children who strongly disagreed. See Letters/Articles for a June 16 letter of response: Spanking children is never justifiable. June 8/11 10-yr-old Shakeil’s stepmother charged with manslaughter CBC - Nichelle Boothe-Rowe, wife of Garfield Boothe, and stepmother to 10-year-old Shakeil, is charged with manslaughter in his death. His father was charged last month with 2-degree murder. People who had seen the boy said he was thin, not well dressed for Canadian weather and never seen playing. See May 30 note on this death. June 3/11 – Trial of father in death of 10-month-old ‘repeatedly delayed’ Calgary Sun – Jamie Allen Dorey, 31, was committed to stand trial in Calgary last July for manslaughter in the Aug. 3/09 death of his 10-month-old son, Bryson Dorey-Fox, who was found in his bassinette struggling to breathe. Defence counsel told Justice Earl Wilson that Dorey’s case has been repeatedly delayed while he waited for approval of an expert witness. Alberta’s former chief medical examiner, Dr. John Butt, will be asked to provide an opinion on the death of the Calgary baby. May 31/11 – Prelim hearing in Mississauga daycare death of 14-month-old Mississauga News - Mississauga daycare owner, April Luckese, 35, charged with 2nd degree murder in the death of 14-month-old of Duy-An Nguyen last Jan may have a preliminary hearing date set this month but it won't start until later this year, at the earliest. See Jan 9/11 note on this death. May 30/11 Brampton father charged in death of 10-year-old son, Shakeil Toronto Sun – Garfield Boothe, 31, only learned 2 years ago that he had a son in Jamaica and promptly brought him to Canada for ‘a better life’ to live with him and his wife. When police responded they found the child dead and concluded he hadn’t died of natural causes. The father was initially charged with failing to provide the necessities of life but will be charged with 2nd-degree murder. A neighbour said he often heard the couple arguing leading up to the birth of a child 8 months ago. Others said they believe Shakeil’s stepmother moved out a few weeks ago and took the baby with her. CTV News reported the same day that Shakeil was described as a ‘terribly polite child’ and had been a Grade 5 student before his father allegedly took him out of school. May 19/11 U of T study finds child abuse/physical illness correlation Toronto Star - University of Toronto researchers, led by Esme Fuller-Thomson, find a correlation between childhood physical abuse and conditions such as chronic fatigue syndrome and irritable bowel syndrome. Fuller-Thomson noted that while there was a lot of research on the mental health outcomes linked to childhood physical abuse, little was known about physical health outcomes. The researchers examined data from a Canadian Community Health Survey by Statistics Canada in 2005 in which 7,342 women were asked if they had been physically abused as children and diagnosed with certain health syndromes as adults. The study found that women who said they were physically abused as children were more likely to suffer from conditions such as chronic fatigue syndrome. See Research chapter for abstract of study. Fuller-Thomson’s previous research found adults who had been physically abused as children had 45% higher odds of cancer, 45% higher odds of heart disease, 56% higher odds of osteoarthritis, 68% higher odds of ulcers and 36% higher odds of migraines. In a June 14 letter to the editor, Fuller-Thomson replied to a ‘junk science’ column in the Toronto Star by Heather Mallick. Fuller-Thomson stressed that the study is not a cause-and-effect study and that the only ethical way to investigate whether abuse is associated with health outcomes is to use observational studies. ‘We cannot randomly assign children to be abused and then follow up in 50 years to see what health conditions they develop.’ May 12/11 Common elements in Randal Dooley, Emmily Lucas deaths The main facts in the deaths of 7-year-old Randal Dooley and 2-year-old Emmily Lucas are summarized under the links at the top of this chapter. The following elements in these deaths are danger signals and a call for action where family members, neighbours, schoolteachers, child protection workers, or police have reason to believe that a child is frequently being disciplined by corporal punishment and any of the following about the child or parent are known: sudden removal of child from a previous environment immigration from a culture where such punishment is widely accepted abusive childhood of parent or caregiver lack of understanding of child’s needs and development lack of knowledge of positive methods of discipline application for custody or access has been made to family court family members are afraid of child protection authorities inability of child and siblings to recognize mistreatment and seek help. In addition to repealing S. 43 and a public awareness campaign to make this change in the law known, other measures could help prevent such deaths. Citizenship guides could give clear and unequivocal notice to immigrants that in Canada assaulting children for disciple is a criminal offence. Provincial child protection laws could be amended to make failure to report reasonable suspicions of abuse by any person an offence so family members, friends and neighbours would have notice of their legal obligation to report. Family courts could be required to give priority to custody/access applications where there are allegations of frequent physical punishment. May 11/11 New trial in Alta strangling death of 14-yr-old daughter Oral judgment Alberta Court of Appeal May 11, released May 17 – The Alberta Court of Appeal allows appeal by Crown and sets aside verdict of acquittal for 2nd degree murder and probation for Asset Magomadova, 41, for killing her 14-yr-old daughter Aminat, by strangulation. The court ordered a new trial, saying that although the trial judge rejected the mother’s claim of self-defence, he failed to properly consider the evidence of Magomadova's intent at the time of strangulation. His reliance on the unexplained "complex set of factors" behind Magomadova's intent was not justified. See July 15/10 report on case. May 10/11 Section 43 first brought to attention of Senate 15 years ago On June 5, 1996, Senator Sharon Carstairs filed a Notice of Motion in the Senate calling for an inquiry into S. 43. She drew the attention of senators to the fact that under S. 43 parents and teachers have been acquitted of assault for kicking a child, chaining a teenage daughter and hitting a schoolboy on the head. Later in the year, she introduced the first ever Senate bill to repeal the section. Our Repeal 43 Committee organized a press conference in support. See Senate Bill S-14 to Repeal S. 43 for further information on this bill. May 6/11 Manitoba professor honoured for child-rearing research Winnipeg Free Press - 78 Manitoba women were honoured as nominees for the YMCA-YWCA Women of Distinction Awards, which salute women for achievements in fields from education and arts to science and health. Twelve awards were given at the 35th annual ceremony on May 5, one of which in the field of education went to U of M Family Science professor, Joan Durrant for her widely published research on child-rearing. Her research has sparked worldwide interest. Ap 26/11 Bangladesh guidelines ban corporal punishment in all schools bdnews24.com - Bangladesh has new guidelines banning corporal punishment in all educational institutions following a Jan/11 High Court ruling declaring such punishments unconstitutional. Teachers found guilty of using corporal punishment would face measures under civil service rules and, if necessary, criminal law. The guideline directs institutions to take steps to campaign against corporal punishment, alert guardians and organize training for teachers. April 18/11 Reports of mistreatment in Ontario daycares not public Toronto Star – Child-care centres are required to report serious incidents of abuse, mistreatment, injury or death to the Ontario govt but so far Ontario hasn’t established a system to make this information publicly available. A Star investigation in 2007 through freedom of information requests, showed that children have been hit, kicked and allegedly strapped into a chair as discipline. The Ministry of Education has recently taken over this responsibility and is currently setting up a system to report such incidents. Ap 7/11 New Mexico bans school corporal punishment Huffpost Education - New Mexico Governor Susana Martinez signs a bill that will eliminate corporal punishment in public schools across the state. This makes New Mexico the 31st state to ban this unjust act and demonstrates her commitment to protect New Mexico's 330,000 schoolchildren. U.S. Secretary of Education agrees, stating that for every child to learn in school, “they must feel safe first…they cannot do their best or concentrate academically if they are scared.” The bill will take effect July 1/11. See School Corporal Punishment, Other Countries, for other information. Ap 3/11 New Mexico paper changes editorial stance on cp ban lcsun-news.com - After more reflection on the issue, the New Mexico Sun-News changes its position and editorializes that when it comes to the protection of students, the state has both a right and an obligation to get involved. Corporal punishment is already banned in both the military and foster care and schools should be held to the same standard. It cites the American Academy of Child and Adolescent, Am Medical Association, National Congress of Parents and Teachers, National Education Association, Am Bar Association and Am Academy of Pediatrics as agreeing: “Corporal punishment signals to the child that a way to settle interpersonal conflicts is to use physical force and inflict pain. Such children may in turn resort to such behavior themselves. They may also fail to develop trusting, secure relationships with adults and fail to evolve the necessary skills to settle disputes or wield authority in less violent ways." Mar 29/11 Pressure to ban school cp mounts in US New York Times – While the image of the high school principal patrolling the halls with paddle in hand is largely of the past, corporal punishment is still alive in 20 states. The federal Dept of Education estimates that 223,190 children were subjected to corporal punishment in schools in the 2005-6 school year. Each year, prodded by child safety advocates, state legislatures debate whether corporal punishment amounts to an archaic form of child abuse or an effective means of discipline. Prompted by the threat of lawsuits and research that questions its effectiveness, states have gradually started banning the practice. Mar 26/11 Federal elections called and Senate Bill S-204 dies. Mar 20/11 Ottawa policeman avoids jail in severe assaults on sons Leader Post, Regina (reprinted from Ottawa Citizen) - An Ottawa area police constable charged with 2 counts of assault with a weapon and 2 counts of assault causing bodily harm to his young sons is given a conditional discharge requiring him to obey the law. The 33-yr-old pled guilty in Jan/11 to beating his children so badly that one of them couldn't walk afterwards and the other was beaten with a belt while still in diapers. Earlier reports in the Ottawa Citizen indicated the two boys were around age 3 and 6, the assaults left bruising and marks of a belt buckle on their bodies, and the beatings took place over an 8-month period in 2009. The case came to light after the wife, now seeking a divorce, called police. Court was told the father whipped his children to correct their behaviour and that corporal punishment is acceptable in his homeland. The prosecutor called for jail time, saying the punishment exceeded the Canadian standard and that the public needed to know that if you abuse children you risk going to prison. But Judge Gilles Renaud decided against jail on the basis of a favourable job performance evaluation; the fact father had taken parenting and anger management courses during the previous year; past decisions that favoured leniency and that registering a conviction would go against "public interest by depriving the community of the skills and talents of the police officer". Comment: Section 718 of the Code sets out the purpose and principles of sentencing. These include denouncing unlawful conduct, rehabilitating offenders, and deterring the offender and other persons from committing offences. The fundamental principle is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Court must also consider as an aggravating circumstance, evidence that the offender abused his/her child or was in a position of trust or authority in relation to the victim. This sentence shows how far courts will go in avoiding jail sentences for parental assaults against children. Mar 4/11 Couple who starved, beat Jeffrey Baldwin lose appeal National Post - Ontario Court of Appeal dismisses appeals by Elva Bottineau and common-law partner, Norman Kidman, grandparents of 5-year-old Jeffrey who died in Nov/02. They are serving life sentences for 2nd degree murder with no chance of parole for 22 years and 20 years respectively. (The appalling life and death of Jeffrey is summarized under Jeffrey Baldwin Death at the top of this chapter.) March/April/11 Letters in Nat Post and Frontenac News re cp See Articles/Letters for a letter from Ron Ensom and Joan Durrant in the Frontenac News re research, Sweden, and claims of Biblical support for corporal punishment, and from a member of the public re MP Scott Reid’s mailouts to constituents, and in National Post from Corinne Robertshaw re beating death of 2-yr-old Emmily Lucas. Mar 3/11 The depths of maternal rage National Post – (Reprint of a NY Times article by Katherine Ellison commenting on a murder charge against a middle-class Florida mother for the Jan/11 shooting death of her teenage son and daughter for being ‘mouthy’. Police had questioned the mother for slapping her daughter 3 months before the killings.) Even as corporal punishment is declining in social acceptability, about 7 in 10 Americans agreed in a 2004 survey that children ‘sometimes need a good, hard spanking’. This despite ‘mountains of studies’ that this does much more harm than good, increases the risk of anxiety, depression and addiction and that spanking and slapping can escalate – sometimes even to the point of deadly violence. (The article appeared in the National Post the same day it reported the Mendieta sentence for the beating death of her 2-year-old daughter.) Mar 2/11 Six years for beating death of 2-year-old daughter, Emmily Toronto Sun – In sentencing Erika Mendieta to 6 years in prison for manslaughter in the beating death of her 2-year-old daughter, Emmily Lucas, Judge Nola Garton described the beating as ‘an abhorrent act of violence against a defenceless, vulnerable child and a gross violation of the breach of trust”. After deducting 15 months for pre-trial custody, Mendieta, age 34, will serve the remaining 4 years, 9 months in prison. Judge Garton found that Mendieta did not intend to kill her daughter and exhibited remorse for her death. She inflicted the blows to Emmily’s tiny body in a fit of anger at the child’s crying when she was leaving to pick up her other children from school. She said she did not realize the extent of the child’s injuries until she returned home about 30 minutes later and phoned 911 in near panic. Comment: Mendieta testified at the trial that she ‘disciplined’ Emmily and her other 5 children by hitting with a sandal, slipper or hand. She acknowledged striking Emmily on the bottom, arms and legs, sometimes causing bruises. Hitting seems to have been the main method of discipline in the home and finally escalated to a fatal beating in a moment of rage and frustration at Emmily’s crying. She acknowledged that it was wrong to hit her children and did not know why she did so. She testified that her aunt and mother had physically abused her and that she left home at age 12 to live with her boyfriend’s family. The fatal beating of 2-year-old Emmily is an example of how the acceptance of corporal punishment as discipline can end in the death of a child, and tragedy for all concerned. The Toronto Star reported on the trial and sentence. There was no mention of the case in the Globe and Mail. Feb 27/11 US Catholic Archbishop bans school cp, saying it’s morally wrong Times-Picayune, New Orleans – The Archbishop of New Orleans, Gregory Aymond, confronts Catholic schools' last vestige of formal physical punishment at St. Augustine High School, the school designated for the education of young men from Black Catholic families of New Orleans. Described as ‘one of the jewels of Catholic education’, corporal punishment is administered with a piece of wood at the front of the class. Saying physical punishment is expressly banned in all Catholic schools for reasons both theological and psychological, the Archbishop said: ‘I do not believe the teachings of the Catholic Church as we interpret them in 2011 condone corporal punishment… It's hard for me to imagine in any way, shape or form, Jesus using a paddle.’ Feb 25/11 Obit for minister who pushed BC govt to ban school strap Globe and Mail – Eileen Dailly, BC minister of education and later deputy minister in the NDP govt of 1972, died on Salt Spring Island Jan 17. During the NDPs 4-year term, she pushed through some groundbreaking legislation, including the ban of corporal punishment in BC schools, for which she faced hundreds of death threats. BC was the first province to ban the strap when it amended its School Act in 1973. It wasn’t until 2004 that the Supreme Court of Canada outlawed corporal punishment in schools throughout the country. Ms Dailly retired in 1986, without having lost an election in 10 years. Feb 24/11 Windsor-Essex CAS reply to ‘Let parents do the parenting’ Feb 7 Windsor Star - In a letter to the Windsor Star re its editorial on the Senate bill to repeal S. 43, the ED of the Windsor-Essex Children’s Aid Society notes that S. 43 does not afford children the same legal protection from harm as adults – and if hitting children were against the law, as it is for adults, it would be a lot harder to ignore. Unfortunately, he writes, child welfare legislation and criminal law does not go far enough to eliminate the misconception that children must be physically hurt in order to gain compliance, or that by being punished they will learn great life lessons. See Articles/Letters 1990 – 2011 for this and other letters. Feb 11/11 Crown seeks 10 yrs for manslaughter of 2-yr-old daughter Toronto Sun – Calling it a “sustained and brutal attack on a tiny, innocent, vulnerable child, who could have been returned to a loving home at any time”, Crown counsel called for a 10-year prison term for the child’s mother, Erika Mendieta. Defence counsel said his client endured childhood abuse by her alcoholic mother and others and then ran away from home as a 13-year-old and lived with her boyfriend’s family. He urged a 4 to 6 year sentence less 12 months credit for time already served. “She admitted she struck Emmily but insisted she didn’t abuse her children the way she was abused…This is a very, very sad and tragic case.” said her counsel. Mendieta will be sentenced March 2. (At the Feb 11 hearing, submissions on sentence were made to Judge Nola Garton by Crown and defence counsel. The courtroom was cleared for victim impact statements by family members.) Feb 11/11 Reply to Windsor Star editorial ‘Let parents do the parenting’ Feb. 7 Windsor Star – A letter to the Windsor Star on behalf of the Repeal 43 Committee notes that the Private Member’s Senate bill to repeal Section 43 would end the Criminal Code message that hitting is a rightful and legally approved way to correct children – and that it in no way interferes with any other style of parenting. See Articles/Letters 1990 – 2011 for this and other recent letters. Feb 11/11 Mother/boyfriend/grandmother jailed for treatment of little boys thespec.com - The 2 boys, age 2 and 5 yrs, were discovered by police locked in a filthy basement in Stoney Creek, Ont. in conditions described by Justice Bernd Zabel as unthinkable squalor, filth and putrification. The boys rescued themselves by clawing a hole in the wall of their room, wriggled out, found a phone and called 911. The judge sentenced each of the adults to 2 years less a day in jail; the longest sentence possible in the provincial jail system. The brothers, now 4 and 7, live with other relatives under the care of the Hamilton Children’s Aid Society. What the future holds for them is uncertain. As assistant Crown attorney said, we may not know for years how all this will affect the children and it is worrisome to think of the effects this will have. Though the youngest won’t remember his time locked in the basement, it almost certainly has had an impact on his development and his ability to trust, love and feel safe. Each accused lacks any significant insight into the consequences of their actions. They were stunned by the sentence and intend to appeal. See our Ap10/09 News item for previous item. Comment: The 2-yr-old may well remember. Research on infant anticipatory stress at the Dept. of Psychology, U of T, Aug/10, suggests that infants are not only sensitive to relationship disruptions but can remember them. (See Research chapter for study.) And what remarkable little boys to literally dig themselves out of this atrocious situation! Feb 10/11 Ontario mother jailed 14 yrs gets new trial in death of toddler Canadian Press - Tammy Marquardt was granted a new trial on Jan 31 in the death of her toddler 17 years ago. The mother from Oshawa, Ont. spent 14 years behind bars after she was convicted in 1995 of killing her son, 2-year-old Kenneth Wynne. Her lawyer, James Lockyer, told the court Kenneth was epileptic and could have died from a seizure. Crown agreed the conviction should be quashed because Smith made ‘a number of mistakes’. His errors effectively precluded the jury from considering the possibility that Kenneth had died of ‘sudden unexplained death in epilepsy’ but ordering a new trial rather than entering an acquittal was appropriate because other evidence — motive, opportunity and what the Crown called a ‘confession’ — could reasonably support a conviction. Nevertheless, it appeared unlikely Marquardt will face a new trial, as in similar cases involving Smith, charges were stayed or dropped or no evidence was called at trial; leading effectively to an acquittal. Feb 5/11 Alberta Appeal Court increases sentence for ‘spanking’ Calgary Sun – A Calgary father who pled guilty to hitting his 9-yr-old daughter with a belt on her bare bottom was given 2 years probation and community service by a provincial court judge. The Alberta Court of Appeal, in a unanimous decision, found this sentence inappropriate and ordered the father, Mark Anthony Harris, to serve a 9-month custodial sentence on a charge of assault with a weapon. It found the assault a severe and savage beating that caused scabs and abrasions and held the provincial court judge failed to give enough weight to aggravating circumstances such as the victim’s age and the fact Harris, as her father, was in a position of trust. His conduct called for denunciation and deterrence and warranted jail time. The child, who was with Harris for 10 months after her substance-addicted mother could no longer care for her, suffers from fetal alcohol effect and was difficult to handle, the top court noted. She is now in the care of her maternal grandmother. Feb 2/11 Australian research finds ‘time-outs’ an effective discipline tactic Vancouver Sun - Researchers at the University of Queensland reviewed dozens of studies on the efficacy of ‘time out’, concluding it's an effective tactic if parents can keep their cool when deploying it. ‘This is not about shutting kids in cupboards or putting them in scary places,’ said Matthew Sanders, professor of clinical psychology and founder of the Triple P Positive Parenting Program. ‘The controversy often stems from people who misunderstand what they see as the rejection of children.’ Time out can de-escalate contentious parent-child situations, they found, and the more effectively and consistently it's used, the less it's needed, said Sanders. The research is published in the Feb/11 issue of the Journal of Child and Family Studies. Jan 27/11 Boyfriend to stand trial for murder in Oshawa toddler’s death Toronto Sun – Details from the preliminary hearing of Michael Monckton on the injuries and death of 2-yr-old Keagan Davis cannot be revealed at this time but Justice DeFreitas determined there was enough evidence to commit Monckton to trial for 2nd degree murder, aggravated assault and assault causing bodily harm. He was watching the child on Jan 5/10 while the mother worked. She said she did not believe Monckton would intentionally do anything to harm Keagan. Monckton, an unemployed millwright, will next appear in court April 18. See our Jan 13/10 News item for previous information. Jan 24/11 Letter Toronto Star website Emmily’s death preventable Toronto Star website - In a Jan 24 letter on behalf of the Repeal 43 Committee, the writer points out that 2-yr-old Emmily Lucas was hit and beaten as a method of ‘discipline’ during the 4 months before the final beating that ended in her death. Changes in the law and family court procedure could have helped prevent this. See Articles/Letters 1990 – 2011 for this and other letters. Jan 23/11 Spanked children hitting back The Sunday Mail, Queensland, Australia – Commenting on the Ap 12/10 study by Catherine S. Taylor at Tulane University, child psychologist Dr. Bob Montgomery has called for a public health campaign to end smacking. ‘The research is absolutely clear; kids who are being spanked at age three were significantly more likely to be violent by age five,’ he said. ‘Basically, they are being taught that violence is okay.’ It was not that other factors did not also influence the risk of child aggression because, as would be expected, some did, he wrote. ‘It was the finding that even allowing for that contribution, use of spanking itself was itself a major risk factor…What we should do is run a proper public health campaign that says, of course you need to discipline your kids, but there are better ways than smacking,’ Dr Montgomery said. He believes this would lead to a reduction in schoolyard and street violence. (See Research chapter for Tulane study.) Jan 19/11 BC minister who banned strapping in schools dies Times Colonist – Eileen Dailly, NDP education minister from 1972-75 who banned the strap at public and private schools across the province, died Monday on Saltspring Island, BC. ‘She believed so deeply in fairness and justice,’ said NDP leader Carole James, ‘I think that's why the strap offended her so much -- she saw that as an act of unfairness of power between an adult and a child.’ Dailly's decision to ban corporal punishment in schools in 1973 made BC the first province to do so. In 2004, the Supreme Court of Canada agreed that corporal punishment was unwarranted in schools, and it was outlawed across the country. Comment: Since 1989, all provinces and territories except Manitoba and Alberta have amended their education acts to specifically prohibit corporal punishment. See School Corporal Punishment chapter. Jan 19/11 Jamaica moves to end school corporal punishment The Gleaner, Kingston – Jamaica’s Education Minister, Andrew Holness, says the ministry is pushing to move away from corporal punishment in schools. His comments follow reports in the media this week that a boy was blinded in one eye after the belt his teacher was using to punish another child caught him in the eye. New measures the Ministry plans to implement will be in a green paper on Safe School Policy. Jan 19/11 US discipline poll shows most parents use talk instead of cp Press release, University of Michigan – A survey conducted for the C. S. Mott Children’s Hospital, Ann Arbour, Mich in Jan/10 presented parents of children age 2-17 yrs with a series of scenarios and asked how likely they were to use different discipline strategies with their child. The most common discipline strategies parents reported they are “very likely” to use are: explain or reason with the child (88%), take away a privilege or something the child enjoys (70%), time outs or grounding (59%). Many parents reported they were very likely to use more than one strategy and that they tailor their discipline to the age of the child. Less than one-quarter of parents report that they would be “very likely” to spank or paddle their children. Results of this national study indicate that the vast majority of parents are already avoiding spanking and similar approaches like paddling. See Research chapter for survey. Jan 18/11 Justice for 2-year-old Emmily Lucas Toronto Star - After more than 7 years and 2 mistrials, Erika Mendieta is finally convicted of manslaughter in the 2003 beating death of her 2-year-old daughter, Emmily Lucas. In a ruling that took 4 hours to read, Justice Nola Garton rejected Mendieta’s evidence that Emmily’s injuries were caused by an accidental fall down stairs. She did not find her a credible witness and believed that Mendieta and her former boyfriend colluded in an attempt to exonerate Mendieta by his testifying under protection of the Canada Evidence Act that he, not Mendieta, had injured the child. The judge found that although Mendieta, 34, angrily beat the toddler in their North York home, she did not intend to kill her. After Mendieta was led away in handcuffs, her mother, Jauna Nakata, protested that her daughter is innocent. Jan 18/11 Manslaughter verdict in beating death of 2-year-old Toronto Sun – Erika Mendieta showed no emotion as she was acquitted of 2nd-degree murder but found guilty of manslaughter in the death of her 2 1/2-year-old daughter, Emmily Lucas. Justice Nola Garton found that Mendieta and her then boyfriend ‘fabricated’ his confession that he had killed the child. Emmily’s loving guardian and paternal aunt who had cared for Emmily since her birth until 4 months before her death was overcome by emotion. A handcuffed Mendieta shouted to her ‘Why are you crying? Are you happy I’m going to jail?’ A sidebar to the Sun article gives a useful chronology of the case. Mendieta will be sentenced Feb 11. (The National Post reported the conviction but Canada’s other ‘national’ newspaper, the Globe and Mail, did not cover it.) Jan 13/11 Bangladesh High Courts declares school cp illegal bdnews24.com - The High Court, Dhaka, declares corporal punishment of primary and secondary-level students unconstitutional. The court also directs the government to issue guidelines and adopt necessary measures to contain any sort of mental and physical punishments of school students. Ministries are told to form a national committee and submit reports notifying the court whether the directives are being implemented properly. Jan 9/11 Toronto daycare owner charged with murder of 14-month-old Toronto Star – April Luckese, 35, owner and operator of ‘April’s Daycare’, an unlicenced daycare in Mississauga, is charged with 2n-degree murder after 14-month-old Duy-An Nguyen dies in hospital from severe head trauma. The child died 2 days after she was found unconscious and unresponsive at the operator’s home daycare. The parents had made arrangements to remove Duy-An but she was injured the day before the planned removal. The family described Duy-An as a very smart little girl who loved books and singing. Luckese was initially charged with aggravated assault when the child was taken to hospital after she couldn’t be wakened from a nap. The daycare website described it as a safe, loving and nurturing home environment with its operator having over 15 years experience. On Jan 12, the Toronto Star reported that the Ontario Coalition for Better Child Care is calling for a coroner’s inquiry and believes the absence of licensing requirement for home daycares puts children at risk. (See also our July 26/10 News item re a charge of manslaughter against Erin Jackman, operator of a private home daycare in Medicine Hat, Alberta.) Jan 9/11 BC to review possible head injuries to 4-year-old Victoria boy Victoria Times Colonist - A four-year-old boy in critical condition after a possible assault, was known to harm himself, bang his head on walls and engage in other bizarre behaviour. The boy, who had been living in a foster home since October with parents who wanted to adopt him, was taken to Victoria General Hospital with severe head trauma and other injuries. Emergency room staff alerted police when it appeared the boy might have been assaulted. Investigators are awaiting a medical determination on the cause of the toddler's injuries. There have been no arrests or charges. Mary Ellen Turpel-Lafond, B.C.'s Representative for Children and Youth, will conduct an independent review of the case. Jan 8/11 Calgary Sun columnist agrees spanking children is wrong Calgary Sun - Columnnist Ian Robinson writes that he hates to agree with Senator Hervieux-Payette but that she’s right about it being wrong to spank children and if this puts him at odds with most Sun commentators, that’s OK. Whether we need to ban corporal punishment is another matter, he says. He would prefer that we start talking seriously about alternatives and trying to create a cultural shift so that spanking became less and less socially acceptable – like smoking. But the bottom line, he writes, is that hitting children is an immoral act and we can dress the practice up all pretty-like and pretend it’s being done as an act of love … but it’s a lie. He then recounts some of his own experiences with corporal punishment. See Articles/Letters for this article and a Jan 12 letter to editor thanking Robinson for his article. Jan 7/11 State has duty to protect children: they’re not 2nd class citizens Brantford Expositor –A letter to the editor labels Senator Hervieux-Payette's attempts to protect children ‘harebrained’ and ‘misguided’. A reader from P.E.I responds that he considers this an unwarranted attack on the Senator and asks: Because she sees things differently she deserves contempt? He’s puzzled, he writes, by people who value privacy above all – even above the safety of children, and reminds readers that the state has a duty to protect children from those whose views belong in the past and who continue to regard the young as second-class citizens. See Articles/Letters. Dec 27/10 Group calls for end to corporal punishment Toronto Sun - In an article referring to the deaths of Emmily Lucas and Randal Dooley, Toronto Sun reporter, Sam Pazzano, writes that both slain Toronto children shared the pain of extreme violence disguised as corporal punishment and that it was the extreme suffering of such helpless children – and thousands of others in Canada who endure less severe treatment – that drove Corinne Robertshaw, a retired Vancouver lawyer, to create the Repeal 43 Committee. The group aims to outlaw corporal punishment in Canada and has been lobbying Ottawa since 1994. The practice has been banned in 29 countries in the last few years, starting with Sweden in 1979. “By justifying hitting our children, our Criminal Code puts the seal of approval on pain and fear as a method of correction”, Robertshaw said. See Letters/Articles. Dec 21/10 New UNICEF advisor urges national children’s advocate Ottawa Citizen – Marvin Bernstein, former Children’s Advocate for Saskatchewan, a post he left earlier this year, has been tapped by UNICEF Canada to champion the rights of children at the national level. Armed with lessons learned from the Saskatchewan post and decades of experience in child protection in Ontario, Bernstein is closing in on a new target – federal politicians and policy-makers. A 62-year-old lawyer, who specialized in family law and dispute resolution, is now UNICEF’s chief adviser on advocacy, a newly created position. Bernstein plans to visit Ottawa in early 2011 to lobby government and opposition MPs and senators on the need to create a national children’s advocate. Among other things, the national advocate would help ensure that laws or policies are viewed through the prism of how they would affect children’s well being, Bernstein said. Dec 16/10 Ontario father pleads guilty to severe spanking of 9-year-old The Sudbury Star - A 9-year-old Sudbury girl received such a severe spanking from her father, that a couple of days after the punishment she had black and blue bruises on her entire buttocks. The 45-year-old father pleaded guilty to assault. He had not lived with the girl for a couple of years, but was in frequent contact with her and her mother. He said he would to do whatever the CAS or probation services asks as he wants to regain the right to see the child more frequently. He said he has no intentions of ever doing this again. The court ordered a suspended sentence and probation for 18 months. Dec 15/10 Final arguments in trial for beating death of 2-year-old Toronto Star – Final arguments by Crown and defence lawyers are put to Judge Nola Garton in the beating death of 2-year-old Emmily Lucas. The child was beaten to the point of convulsions on Nov. 13, 2003: her body covered in bruises and her head and spinal column severely injured. She died in a Toronto hospital 10 days later. Both counsel agree Emmily was killed either by her mother, Erika Mendieta, or the mother’s former live-in boyfriend, John Bermudez. He gave evidence under protection of the Canada Evidence Act that he beat the child for crying when Mendieta was out picking up her 4 other children from school. This means his testimony can’t be used to prosecute him and he has never offered a sworn confession to police. The Crown contends Bermudez is lying and that his evidence is just an attempt to exonerate Mendieta; noting that the pair met several times for coffee between Mendieta’s first and second trial. “You don’t drink coffee with the man that murdered your baby…but you might if you had killed your baby and he was going to help get you out of it”, said Crown counsel. Judge Garton agreed to rule on the case alone, using evidence from the second trial, and will return her verdict on Jan. 17. Dec 10/10 Edmonton parents sentenced for ‘spanking’ 14-year-old daughter QMI Agency – A bizarre case of an Edmonton couple convicted of assault for using a belt to spank their sexually active 14-year-old daughter ended after the father was escorted from the courtroom for refusing to listen to the judge, a spectator was ejected for wearing glasses containing a video camera and a mass chorus of objections was loudly raised after a packed room of supporters were criticized. Lawrence Zachow, mortgage broker and pastor, 60, and wife, Aida Calagui-Zachow, 54, were charged with assault with a weapon for the Jan/08 strapping of their daughter. The father had “guided her to her bedroom by placing his hand on her neck and pulling her hair” and the mother had struck the girl with a belt “at least three times” on the buttocks on the orders of the father, who had pinned her down and held her legs over her head. The teen told a school official and police were called. The hearing began with Zachow repeatedly demanding that Judge Stevens-Guille cease the case against him and his wife. When Zachow refused to stop despite insistence, he was removed from the court and later let back in, but continued disputing the court’s jurisdiction. The Crown prosecutor told the court that Zachow has ‘zero respect for the law’ and later referred to his many supporters in the courtroom as being ‘like-minded.’ The judge found the strapping proven beyond a reasonable doubt but nevertheless found parents guilty of the lesser offence of assault and sentenced each to 10 days in jail, reduced by the 5 days they spent in jail after being arrested and charged. The couple were also fined $500 fine for failing to appear in court for their trial. The judge noted the parents have shown no remorse and feel their religious beliefs give them the right to discipline their children as they see fit. ‘Whatever one’s belief in higher authority, if you live in Canada you are subject to the laws of Canada as interpreted by the courts, in this case the Supreme Court of Canada…Spare the rod and spoil the child is not the byword of the discipline of children in this country in 2010.’ he said. See The Law chapter for Dec 9/10 judgment by M.G. Stevens-Guille, Prov. Ct. J. Comment: Hitting a child with a strap is not what most people consider ‘spanking’. In the Ontario Superior Court decision in 2000 on the constitutionality of S. 43, the Court stated: All social science witnesses in this application accepted a definition of spanking as “the administering of one or two mild to moderate ‘smacks’ with an open hand, on the buttocks or extremities which does not cause physical harm”. Calling this strapping a ‘spanking’ minimizes the seriousness of the offence. OneNewsNow, Dec 22 quotes Dave Quist, Institute of Marriage and Family Planning Canada, as saying that the Zachow’s are considering an appeal and that the decision ‘brings into question the freedom of parents to make decisions in what they think is best for their children, and I think that's something that certainly we as an organization are watching and following.’ Is Quist suggesting that parents who strike a 14-year-old daughter with a belt on the buttocks at least three times while being pinned down with her legs held over her head is a decision that parents should be free to make? Dec 8/10 Bullying rampant in Ontario schools despite awareness campaigns Toronto Sun – Despite a steady stream of awareness campaigns, bullying remains rampart in Ontario schools. Nearly 1 in 3 students is a bullying victim according to 2009 stats from the Centre of Addiction and Mental Health in Toronto. A 4-year-old Rexdale boy was too scared to go back to his kindergarten class after being bitten on the neck by another 4-year-old. The Toronto Catholic District School Board was unable to speak specifically about the case but a spokesperson said that bullies often learn their behaviour from parents, and that that would be a good place to start addressing the problem. Dec 7/11 Eric Jackman gives $ 5M to U of T Institute of Child Study Toronto Star – In making his donation to the University of Toronto Institute, Jackman said: ‘A lot of money goes into higher education, but as far as I’m concerned, primary education and early child development are the most important things in society. If we can get our children off on the right start, healthy kids will grow up to be healthy, productive adults.’ Dec 1/10 Senator Plett speaks against Bill S-204 to repeal S.43 Hansard – Senator Donald Plett, Landmark, Manitoba, a recently appointed Senator and former President of the Conservative Party of Canada, spoke in opposition to Senator Hervieux-Payette’s Bill S-204. He voiced a number of objections to the Bill. For our response to his objections, see Senate Bills to Repeal S. 43, Senate Bill S-204 to Repeal S. 43. Nov 30/10 Mendieta trial will proceed before judge alone Toronto Sun - The 2nd degree murder trial of a North York mother accused of beating her toddler to death will proceed before a judge alone. Judge Nola Garton discharged the jury that had been hearing the trial because of the distracting influence of a former prosecutor in the public gallery while the mother was giving her evidence. She said she had to declare the mistrial after jurors sent her a note complaining of the distracting presence of the man. Both Crown and defence lawyers agreed to the trial continuing in front of Justice Nola Garton without a jury. The judge then started the third trial immediately, using the evidence put before the jury, plus Mendieta’s evidence at the mistrial hearing. Closing arguments will be made Dec. 14. Nov 27/10 Swedish parents jailed for beating children regularly since age 3 The Local: Sweden’s News in English – A Swedish court has jailed the parents of three children who were regularly beaten since the age of 3 in what the parents claimed was a method of discipline prescribed in the Bible. The Karlstad couple was imprisoned for 9 months. Corporal punishment, formally outlawed in Sweden in 1979, was a regular feature in the lives of 3 of the couple's 4 children. The court was told the couple had used a hairbrush, wooden plank or hand to punish their 3 eldest children. Comment: A Jan 2/11 article in the Toronto Sun (‘Grit Senator wants to ban spanking’) refers to this case, saying the parents were jailed for having ‘spanked’ their 3 oldest children, but makes no mention of the fact that the children had been hit with a hairbrush and wooden plank since age 3. (See Letters/Articles for letter to editor.) Referring to the Senator’s Bill to repeal S. 43, Andrea Mrozek, Institute of Marriage and Family Canada, says: ‘The law should be left alone, it’s not the responsibility of govt to act as a parent, responsible parents know the difference between spanking as discipline and abuse. Research does not show that spanking done appropriately harms children.’ No doubt, the Swedish parents referred to above and the Edmonton parents (Dec 10/11) would agree. Nov 21/10 Tasmania’s Commissioner for Children wants cp law amended www.themercury.com.au - Tasmania is the only Australian state that gives parents the explicit right to physically correct a child using “any force that is reasonable in the circumstances”. However, community views about what is reasonable vary significantly. The new Tasmanian Commissioner for Children, Aileen Ashford, says the State Government needs to look at amending the legislation to make the safety and wellbeing of children paramount. She said the issue had not progressed since 2003 when a Tasmanian Law Reform Institute report found the state’s existing law unclear. “The institute put up two options for reform: to prohibit the use of physical punishment or clarify the law by further defining what type and/or degree of punishment is reasonable or unreasonable,” Commissioner Ashford said. “I urge the Government to seriously consider amendments to the legislation. “This is particularly important as Australia is a signatory to the UN Convention on the Rights of the Child, which clearly obliges member states to adopt measures to protect children from all forms of violence.” The UN has already recommended that all corporal punishment and all other “cruel and degrading forms of punishment” of children be stopped. Nov 16/10 Time for ban on hitting children Toronto Star – A letter to the editor re the trial of a mother accused of beating her 2-year-old daughter to death calls corporal punishment a dangerous form of discipline that can lead to physical and emotional damage and even to death. As we approach National Child Day, it reminds us that we should reflect on why we haven’t yet repealed S. 43 of the Criminal Code. See Articles/Letters. Nov 16/10 Prosecution says Mendieta witness, Bermudez, is a ‘proven liar’ Toronto Sun – John Bermudez, former boyfriend of a mother accused of beating her toddler to death, says he committed the heinous crime, but is not prepared to accept a lengthy prison sentence for the 2003 murder of 34-month-old Emmily Lucas. Bermudez was testifying at the 2nd-degree murder trial of Erika Mendieta, a 34-year-old mother of 5, who has maintained her innocence in the death of her daughter. He said he slapped Emmily twice and pushed her twice while babysitting her and his infant son, Max, at their North York home, but could give no details. The Crown suggested the real reason he could give no details was that he didn’t kill the child and that Bermudez is a proven liar intent on helping his former lover. Bermudez admitted he had repeatedly lied to police officers in several court proceedings with stories ranging from his being upstairs in a shower or playing video games while Emmily was beaten. His relationship with Mendieta is over, said Bermudez, but he still has coffee occasionally with her at a coffee shop in their Jane-Finch Toronto neighbourhood. He has sought protection of the Canada Evidence Act, which means his evidence during this trial cannot be used against him, except for the offences of perjury or giving contradictory evidence. The Charter of Rights also guarantees that any evidence Bermudez provides at the trial cannot be used against him. Nov 11/10 Five-month-old boy dies after suffering injuries in home Toronto Sun – Two months after suffering critical injuries in September, 5-month-old Adriel Da Silva Garcia, dies in a Toronto hospital. Ronnie Munoz-Hernandez, 21, was watching the child at a home in the Black Creek area and is wanted for aggravated assault. The charge may be upgraded after an autopsy is conducted. Police are concerned the man, who was not a blood relative, may have fled to his native Columbia. No information has been released on the child’s injuries. Nov 10/10 Mother didn’t notice dying toddler’s bruised face Toronto Star – Erika Mendieta looked at her unconscious daughter, lying battered and bruised in a Toronto hospital bed, but despite the bruises on Emmily Lucas’s tiny face, told the court she didn’t recognize that her daughter had been beaten. Her counsel is arguing that Mendieta’s boyfriend, John Bermudez, beat the child. “There’s no way you could not have known someone hit her in the face”, Crown counsel said, suggesting that Mendieta had lied to police because she had beaten Emmily herself. She told the court she had beaten her children and likely caused some of the bruises to Emmily’s face but did not kill her. Bermudez will give evidence that he is responsible for the child’s death. Nov 11/10 Mother says boyfriend confessed in 2009 to causing child’s death Toronto Sun – Erika Mendieta, the mother accused of 2nd-degree murder in the beating death of her 2-year-old daughter, Emmily Lucas, tells the court her boyfriend, John Bermudez, confessed to her in summer 2009 that he killed her daughter, saying he hit and threw her on Nov 13/03 and she hit her head on a TV screen. Mendieta said she accepted responsibility for the child’s death because she didn’t take her to a doctor after she claims the child fell down stairs 2 days before going into convulsions on Nov 13. She didn’t do so because Emmily had bruises on her torso and limbs from ‘discipline’ and she feared losing all her 5 children to Children’s Aid if they discovered the signs of abuse on Emmily. (The first report of the trial was on Oct 27. See news items below for Oct 27 and subsequent reports. The trial is on going at Toronto’s University Avenue courthouse. No reports so far have appeared in the Globe and Mail.) Nov 10/10 Despite battered, bruised body, mother failed to recognize beating Toronto Star – Published on line. Erika Mendieta looked at her battered, bruised and unconscious daughter, Emmily Lucas, in hospital but told the court that despite the bruises on the child’s tiny face, she failed to recognize that the 2-year-old had been beaten. Crown attorney suggested there was no way she could not have known that someone had hit the child and that Mendieta was lying because she had beaten Emmily herself. Mendieta told the court she beat her children and likely caused some of the bruises on Emmily’s body but didn’t kill her. She says her boyfriend, John Bermudez, beat the toddler while she was out picking up her 4 other children. Bermudez is expected to give evidence. Mendieta was arrested in 2005 and charged with 2nd-degree murder but the case ended in a mistrial. Nov 10/10 Mendieta testifies she physically disciplined and bruised toddler Toronto Star – Emmily Lucas would be 10 this January, had she not died as a toddler at the hands of someone much larger and older than she’s ever be. Mendieta’s counsel argue that her boyfriend, John Bermudez, beat Emmily so severely that her limbs stiffened and she started vomiting and convulsing before being rushed to hospital where she died of severe brain injury 10 days later. Police wiretapped Mendieta’s phone and say she made statements that implicate her in Emmily’s death. She admits that she physically disciplined Emmily, leaving bruises all over her body but insists she never struck Emmilly on the head. She told the court that at first she thought Emmily died because she had fallen down stairs a few days earlier and that initially she didn’t want to believe her boyfriend, Bermudez, responsible. See Articles/Letters 1990 - 2010 for letter to editor printed Nov 16 by Toronto Star. Nov 9/10 Mendieta tells of her childhood abuse and hitting of own children Toronto Sun – Updated on line. Mendieta describes her abusive upbringing in her native Honduras at the hands of her aunt and further abuse by her alcoholic mother when the mother immigrated to Canada when Mendieta was 7. She ran away from home at age 12, barely finished Grade 8, and conceived her first child at 15. Mendieta admitted she inflicted corporal punishment; ‘spanking’ Emmily and her other children with a rubber-soled slipper on the buttocks and limbs but never on the face or head. Mendieta testified she has lost all contact with her children and that her last child, a son by Bermudez, has been adopted by another family. Oct 27/10 Mendieta trial continues in beating death of 2-year-old Emmily Lucas Toronto Sun – Mendieta’s counsel tells the jury that Emmily was not killed by her mother but by the mother’s then live-in boyfriend, John Bermudez, when she left Emmily alone with him to pick up her older children on Nov 13/03. Crown asserts Mendieta caused her child’s death by inflicting “blunt force trauma” to her head and neck. In an opening statement to the jury, Crown counsel said Emmily had lived since her birth Jan/01 with her aunt. When Mendieta took her for a two-week visit in July/03 and refused to return her, the aunt went to court for permanent custody but the case was adjourned to Nov 23/03. On Nov 13/03, Emmily was rushed from her mother’s home to hospital: unconscious, barely breathing and her body covered with bruises. Ten days later, she died. Counsel for Mendieta said she blamed herself for her daughter’s death because she hadn’t taken her to a doctor after Emmily had fallen down a flight of stairs the day before. “She was afraid to tell the police because she didn’t want to lose her four other children.” Mendieta had ‘disciplined’ Emmily, leaving bruises on her arms, legs and buttocks, but had never hit her in the face or head and it took months for medical authorities to determine how a head injury took Emmily’s life, said her counsel. Oct 27/10 Mother will take stand to deny causing death of 2-year-old daughter National Post - On first day of the trial of Erika Mendieta, 34, for 2-degee murder of her 2-year-old daughter, Emmily Lucas, her lawyer tells the jury that Mendieta will take the stand to deny causing her daughter’s death. The 34-year-old Toronto woman is accused of killing her daughter on Nov 13/03 by blows to the head and neck in her townhouse near Jane and Steeles before calling 911 for assistance. Her lawyer revealed in his opening statement that Mendieta had previously physically disciplined Emmily and would strike her on the arms, legs, and buttocks. It was wrong to do that, he said, but those bruises did not cause the child’s death. New Zealand police continue to review results of corporal punishment ban 2010 - NZ police submit 7th review of their response to incidents of alleged assaults on children, following the 2007 repeal of the law that allowed corporal punishment. The review covers Dec/09 to June/10 and finds an increase in the number of events attended by police and that this is consistent with reduced tolerance and increased reporting of child assaults. 416 child assault events were considered for the review: 25 were identified as 'smacking' and 38 as 'minor acts of physical discipline. The other 353 were other child assaults, not specified, or no offence disclosed. Of the 25 'smacking' events, 1 resulted in prosecution, 13 in warnings and 11 in other or no further action taken. Of the 38 'minor acts of physical discipline', 2 resulted in prosecution, 12 in warnings and 24 in other or no further action taken. See International Developments chapter, New Zealand for other information and link. Comment: The 2007 change in NZ law allows reasonable force for, among other things, preventing harm to a child or other person but states that this and nothing in the common law justifies force for ‘correction’. In specifically prohibiting force for correction, the NZ law reflects the observation of the UN Committee on the UNCRC that simply repealing authorization of corporal punishment is not enough. The UN Committee recommends an explicit ban on corporal punishment to make it absolutely clear that the criminal law on assault applies to smacking and hitting children, whether termed discipline or ‘reasonable correction’. In this and in allowing reasonable force to prevent harm, the NZ law is very similar to Bill S-209 passed by our Senate in 2008. 2010 Corporal Punishment – National and International Perspectives Legal Assistance Centre, Windhoek, Namibia, published with support from Dutch Ministry of Foreign Affairs – This excellent report deals with effects of corporal punishment, defences, alternatives, and international developments, including those in Namibia and other African countries. Its Introduction includes a quote from the UN Committee that makes the following points – all of which are relevant to Bill S-209 passed in 2008 and Bill S-204 reintroduced in 2010 and currently before the Senate. Parenting, especially of babies and young children, demands frequent physical actions to protect them and these are quite distinct from physical punishment intended to cause some degree of pain, discomfort or humiliation. Physical force to protect a child or restrain a child who might otherwise injure others is also quite distinct from physical punishment. The law in all States, explicitly or implicitly, allows the use of non- punitive and necessary force to protect people. The law recognizes that there are exceptional circumstances in which teachers and others working with children may be confronted by dangerous behaviour that justifies the use of reasonable to restraint or control it. There is a clear distinction between force for such protection and force to punish. Click for link to Namibia report. Oct 25/10 Third CIS study on incidence of reported child abuse and neglect Public Health Agency of Canada - This is the 3rd Canadian Incidence Study of Reported Child Abuse and Neglect. Based on a representative sample of 15,980 maltreatment investigations by child welfare organizations in Canada, the study estimates that 235,842 maltreatment reports were investigated across the country. This is about the same number as in 2003, but nearly double the number in 1998. In 17,212 substantiated investigations, physical abuse was the primary form of maltreatment. The incidents of maltreatment that begin as corporal punishment for correction will be provided when all the data is analyzed. See Research chapter for link. Oct 23/10 BC man jailed in US for killing 5-year old stepdaughter Toronto Star – While holidaying in Washington State with his wife and stepdaughter, 5-year old Clare Shelswell, stepfather Peter Wilson, 29, pleaded guilty to slitting the child’s throat after arguing with her mother over discipline. He had been taking medication for bipolar disorder. The court sentenced Wilson to 55 years in prison for first-degree murder – double the standard sentence – because the child was a vulnerable victim dependent on Wilson. National Child Day Nov 20 re UN Convention on the Rights of the Child For several years, we have been involved in preparing a newspaper ad for NCD calling for repeal of S. 43 and listing a growing number of organizations that support the campaign to rid the Criminal Code of this 19th century approach to bringing up children. Unfortunately, this year funds to place an ad were not available but we will email senators asking them to pass Bill S-204 and urge organizations concerned with the wellbeing of children to do the same. Oct 23/10 Russell Williams murders – how to make a psychopath Globe and Mail – A 2-page Comment article in the Globe examines the neuroscience of psychopathy in an attempt to understand the interplay of genetics and environment that produces criminals like Williams, the convicted rapist/murderer and former colonel and Air Force commander at CFB Trenton, Ontario. A growing number of neuroscientists now see that environmental factors such as neglect or poor bonding with parents can lead to deficits in the brain that can be seen in brain images of children as young as 5. The theory is that neglect, abuse and early trauma somehow desensitize children to the feelings of others. Every child experiencing such trauma doesn’t grow up to be a psychopath says one of the researchers, but it certainly increases the odds. Oct 19/10 United Arab Emirates court upholds beating for ‘discipline’ Globe and Mail – According to the Supreme Court of the UAE, sharia law allows a man to beat his wife and children to ‘discipline’ them provided the beating does not leave bruises. The judgment was rendered in the case of a man who was fined for slapping and kicking his daughter and slapping his wife, injuring both slightly. Scholars disagree on what constitutes ‘beating’ but agree that it must not be severe. Generally, the UAE has very liberal laws compared to its neighbour, Saudi Arabia. Oct 11/10 Quebec girl, 13, dies after being struck in face by father Windsor Star – Prosecutors have yet to decide if a 71-year-old father, Moussa Sidime, will be charged with murder or manslaughter for allegedly hitting his 13-year-old daughter, Noutene, in the face Oct. 6 at their home in Longueuil. He was charged with aggravated assault but Noutene died in hospital 3 days later. Neighbours said the hitting resulted from a disagreement over religion. The coroner conducting the examination was unable to determine if the blow to the head was directly responsible for Noutene’s death and has sent the file to other medical specialists for review. Friends and family from Guinea, West Africa, described Noutene as a happy girl but a neighbour said the girl had grown more reserved and quiet over the past 2 years and that the father was very demanding and could be heard yelling at Noutene and her mother. Oct 6/10 Senate debate on Bill S-204 to repeal S. 43 may resume in November Conservative Senator Donald Plett, Manitoba, asks for time to prepare his notes in speaking to Senator Hervieux-Payette’s bill and debate is adjourned. Senator Plett is a graduate of Red River College, a businessman and former President of the Conservative Party. Prime Minister Harper appointed him to the Senate in Aug/09. Oct 4/10 Ontario father sentenced for assaulting 6-year old daughter Sarnia Observer - A father who struck his 6-year-old daughter and left a hand-shaped bruise on her face was sentenced to the 30 days served in pre-sentence custody and placed on probation for 18 months. He must take counseling for parenting, anger management, and substance abuse and can’t administer corporal punishment to any child in his care. Access to his daughter will be controlled through other court proceedings. The girl had taken a snack from the refrigerator, contrary to her father’s rules. When he yelled at her and she began to cry, he slapped and sent her to her room. A single parent, he admitted hitting the child and said he intended to put a lock on the fridge door to prevent ‘future infractions’. “There’s no excuse”, said Justice Deborah Austin. “She bore a bruise for wanting a pudding.” A court order prohibiting media identification of the child prevents publication of the father’s name. 2010 UNICEF Canada calls for National Commissioner for Children UNICEF Canada’s 2010 Report It’s Time for a National Children’s Commissioner for Canada calls for an independent national Children’s Commissioner that would put children’s best interests on the public agenda, encourage governments to coordinate their efforts and promote better laws, policies and services for children. Canada’s 9 million children comprise a quarter of our population but there is no one at the federal level with a specific mandate to represent their interests, notes the Report. UNICEF Canada supports repeal of S. 43 and is listed on our Supporting Organizations chapter. See the UNICEF website for this excellent 17-page report. Sept 24/10 Toronto man charged in connection with assault on 5-month old Toronto Star - Police looking for Ronnie Munoz-Hernandez, 21, on a charge of aggravated assault on a baby boy, have charged Juan Neira-Penaloza, 31, as an accessory to the assault. The baby was brought to hospital with serious injuries Sept 12 and remains in an induced coma in critical condition. Munoz-Hernandez was taking care of the baby when he suffered the life-threatening injuries. Sept 22/10 U of Montréal studies harsh parenting and anxiety disorders ScienceDaily - Researchers at the Université de Montréal say grabbing a child firmly by the arm, yelling and repeatedly punishing him or her may not be without long-terms risks. They are studying how this harsh parenting can impair the emotional development of a child, possibly leading to anxiety disorders such as social phobia, separation anxiety and panic attacks and are in the process of recruiting 120 youths aged 12 to 17 years for the study. Professor Françoise Maheu, Department of Psychiatry and lead investigator said, “We know that common practices such as spanking or excessive punishment do not instill a strong discipline. Quite the opposite, they have a lasting psychological impact on children.” His hypothesis is that two specialized structures, the amygdala and the anterior congulate cortex, which form the neural fear circuit, play a role in mediating the anxiety associated with harsh parenting. Sept/10 Children whose parents use cp more likely to use it on peers/siblings A University of Colorado study examines the relationship between parents and children’s approval of corporal punishment and the relationship between children’s experience of cp and their preference for hitting to resolve interpersonal conflict. It concludes that parents who experienced frequent cp as children perceived it as acceptable and frequently spanked their own children. The children, in turn, advocated spanking as a disciplinary method and preferred aggressive conflict resolution strategies with peers and siblings. See Research chapter for other information and link. Sept 13/10 Constitutional reforms in Turkey to protect children against violence Globe and Mail - Turkish voters approve constitutional reforms aimed at strengthening Turkish democracy. They include provisions that a child has a right to adequate protection and care, to maintain a personal relationship with parents unless explicitly contrary to his best interests, and require the State to take measures to protect the child against all forms of abuse and violence. Sept 10//10 ‘Invest in Kids’ closes for financial reasons Toronto Star – Invest in Kids is a national organization dedicated to supporting and educating parents in raising children. It has developed training and resource materials for parents and professionals for this purpose but will close at end of Sept due to lack of funds. Sept 2/10 Kenya prohibits all corporal punishment of children Global Initiative to End All Corporal Punishment of Children - Kenya’s new constitution adopted in August protects every person from corporal punishment, including children, making it the second African state this year to legally protect children in all settings, including the home. Article 29 of the Constitution states that every person “has the right to freedom and security of the person, which includes… the right not to be subjected to corporal punishment or treated or punished in a cruel, inhuman or degrading manner”. The effect of the prohibition is immediate. The law change comes shortly after a 4-day “Regional Youth Forum Against Violence” in Accra, Ghana, in which children said violence in all forms was not only an affront to their dignity but also affected their well-being and overall development in society. Marta Santos Pais attended the forum as her first assignment since assuming the role of UN Secretary General’s Special Representative on Violence Against Children. Aug 28/10 Calgary mother charged with attempted murder of 5-year old National Post - A 5-year-old boy arrived in hospital in May with breathing problems and struggling to stand up. His mother, Stacey Joy Bourdeaux, is charged with his attempted murder, choking with intent and failing to provide the necessities of life. As investigators probed her background, a charge of second-degree murder was also laid against her in the death of her 10-month-old son, Shawn Ronald Fewer, in 2004. Initial investigation at that time by police and medical examiner did not turn up any evidence of foul play. New information resulted in the murder charge. It is the second such Calgary case in a matter of days, as Shelby Anna Herchuk was also charged with 2nd-degree murder of her 26-day-old baby who died of trauma to the head. Aug 25/10 U of Toronto study finds babies feel and remember stress Toronto Star – University of Toronto researchers led by psychologist David W. Haley find that infants can feel stress all over again if they expect the same upsetting event to occur. Experts note that this is in line with attachment theory that having a responsive primary caregiver gives babies a sense of security and is the foundation of life-long development, behaviour and relationships, and that emotional deprivation in the first year of life can have a profound long-term impact on mental health. The study is reported in Biology Letters, a journal of the Royal Society of international scientists. See Research chapter for more information and link. Aug 24/10 US religious conservatives continue to reject UNCRC Mother Jones - Every UN member but the US and Somalia have ratified the UN Convention on the Rights of the Child and the only reason Somalia hasn’t is that it’s not had a functioning government capable of doing so. But even that wretched country last year announced plans to ratify the treaty. So that leaves the U.S. as the only civilized country in the world that won't ratify an international document pledging to create a legal culture that acts in the best interests of the child. During the 2008 campaign President Obama observed, "It's embarrassing to find ourselves in the company of Somalia, a lawless land." His administration has attempted to revive efforts to ratify after more than 20 years of political wrangling. One reason for opposition is that religious conservatives, especially in the home schooling movement, object that under the UNCRC, "parents would no longer be able to administer reasonable spankings to their children”. Aug 23/10 Aggressive/controlling partners more likely to spank HealthDay News - New research from Tulane University School of Public Health and Tropical Medicine finds that young children raised in households where one or both parents are aggressive or violent toward each other are more likely to be spanked. The study focuses on more minor aggressive behaviors between parents (rather than violent domestic abuse) such as preventing a partner from seeing friends or family, withholding or taking money, or insulting and criticizing. The study included nearly 2000 families with a 3-year-old child from large cities across the US. The author of the study, Catherine Taylor, an assistant professor of community health sciences, said that parents in such relationships may not realize how the stress they’re experiencing can play out in how they choose to discipline their children. See Research chapter for more information and link. Aug 20/10 Mother bailed in attempted murder of teen daughter, Bahar Toronto Star – Johra Kaleki, 38, charged with the attempted murder of her 19-year-old daughter, Bahar Ebrahimi, in a so-called honour crime, is released on bail. An Aug 11/10 report by The Gazette, states the mother of four has been jailed since June, when she was arrested for allegedly attacking her daughter for staying out overnight and not returning to the family's Dorval, Quebec home until morning. The mother is charged with attempted murder, assault causing bodily harm and assault with a weapon. A date for her preliminary hearing will be set Aug. 30. See our June 15/10 item for other information. Comment: As listed below, there have been several media reports this year of teen-age daughters whose parents have been convicted or accused of their murder, attempted murder or manslaughter. The victims in all cases had parents who had immigrated to Canada. Most were described by the media as possible ‘honour’ killings; often linked to social or sexual behaviour perceived as wrong by the parents. July 15 Aminat Magomadova, age 14, mother from Chechnya June 17 Aqsa Parvez, father from Pakistan June 16 Tiffany Gayle, age 15, parents from Jamaica Feb 2 Zainab, Sahari and Geeti Shafia, age 13 to 19, parents from Dubai, Afghanistan Jan 10 Ashna Khanna, age 14, father from India To describe these brutal assaults and murders as motivated by honour comes close to accepting the attackers own rationalization for his actions. It would instead be more accurate to describe such attacks simply as an abuse of power over teen-age female children by domineering parents determined to physically control them, and take revenge if the teen-ager resists. It should be recognized that other family members, including female members, sometimes accept or participate in the abuse. Knowing the stresses many new immigrants experience in adapting to a new country and the possible mental health problems that may result, persons in contact with immigrant children need help in recognizing the danger some of these children and teen-agers face. Aug 13/10 Alberta teens charged with assault for hazing incidents Calgary Herald – Two teenagers are charged with assault for a string of hazing incidents in July in which a number of teenage boys were assaulted in three separate incidents at various locations in Lethbridge. The incidents involved ‘paddling’ or striking younger students on the buttocks with a broken goalie stick or skateboard. Police warn they will show ‘zero tolerance’ and lay more charges against youths if the practice doesn't stop. Aug 1/10 Poland’s ban on corporal punishment now in effect Global Initiative Newsletter – In May/10 Poland amended its Family Code by inserting a new Article that prohibits all corporal punishment in childrearing. The new law ‘On the Prevention of Family Violence’ states: Persons exercising parental care, care or alternative care over a minor are forbidden to use corporal punishment, inflict psychological suffering and use any other forms of child humiliation. (unofficial translation). July 29/10 Regina students charged in apparent school hazing Leader Post – Three 17-year-old Campbell Collegiate students are charged with assault with a weapon for allegedly paddling two younger students with a fence board in June in what is believed to have been a hazing incident. Public school spokesman said violent hazing such as paddling ‘is bullying of the worst kind …paddling is such a friendly term. It's not. It's assault, and we don't tolerate it at all.’ The cases are adjourned to Aug. 25. July 26/10 Alta dayhome operator charged in manslaughter of toddler CBC News – Police charge a Medicine Hat woman, Erin Jackman, 24, with manslaughter in the death of a toddler in her care at her private ‘day home’. Mercedes Pepper, 19 months old, died from critical blunt-force wound to the head in hospital 2 days after investigators believe she suffered trauma at the day home. Day homes are provincially approved facilities run from a private residence. Earlier reports in the Calgary Herald and Medicine Hat News state that the day home was accredited by the province and the operator was looking after her own 2 children, a 5-year-old, and the deceased. An original charge of aggravated assault was upgraded to manslaughter and Jackman also faces a charge of failing to provide the necessities of life because of a time lag between the 911 call and the injury to the child. Alberta's 2,800 day homes, usually run by parents seeking extra income, are allowed to care for up to six children, including the owner's. Jackman’s day home was overseen by Children's Corner Child Care Centre, an agency that oversees 120 children in 30 other day homes. The president of the Day Care Society of Alberta said daycare centres undergo far more stringent regulation than day homes July 26/10 Tunisia is first in Africa to ban all corporal punishment Global Initiative Newsletter – The new law amends the Tunisian Penal Code to remove the legal defence for using corporal punishment in childrearing. Prior to this reform, the ‘correction of a child by persons in authority’ was not punishable unless it led to serious or lasting consequences for the child. The new law explicitly repeals this defence, making it a criminal offence to assault a child, even lightly. Tunisia thus becomes the first African state to prohibit all corporal punishment of children in all settings, including the home. July 22/10 Raffi calls on faith leaders to end violence to children Victoria Times Colonist - Internationally known children's entertainer, Raffi Cavoukian, asks the world's faith leaders to pledge an end to violence against children, and so far more than 100 from Indonesia, India, North America and Europe – including the Dalai Lama – have agreed. ‘We're inviting clerics of every faith to sign a proclamation in a show of unity on behalf of the world's children,’ said Cavoukian. The list of signatories -- at childhonouring.org/plea -- ranges from Buddhist monks and Baha'i leaders to ministers, swamis and pastors of United, Anglican, Baptist, Mennonite, Methodist, Anglican and Lutheran churches, as well as members of yoga and meditation groups. An additional 680 people from Canada to South Africa have signed a plea – also on the website – urging their faith leaders to get on board. Former B.C. Lt-Governor Iona Campagnolo, an honorary patron of the group, supports the effort because it starts people thinking about issues around treatment of children. In his Aug 9 Toronto Star column: Suffer the little children, Dow Marmur, rabbi emeritus at Toronto's Holy Blossom Temple, writes that he’s proud to be a signer of a covenant that aims at creating child-friendly caring communities that include nonviolent policies, such as the prohibition of corporal punishment. July 19/10 Bangladesh Court orders end to school corporal punishment BBC News South Asia – The order comes after a 10-year-old boy, allegedly beaten by his teacher, commits suicide; a 7-year-old at a religious school is chained for repeatedly misbehaving; and 8 students are taken to hospital after being caned for not bringing coloured pencils to school. The High Court orders the govt to immediately instruct all primary and secondary schools to stop using corporal punishment. On Aug 19, the govt implemented the court order by issuing a circular to all educational institutions banning corporal punishment and asking the institutions to take preventive measures so that no teacher inflicts such punishment. July 17/10 Cambridge father charged with murder of 4-month-old daughter Toronto Star – Sean Michael Summers, 19, is charged with second-degree murder in death of baby Kayleigh Ingram-Summers who was taken to hospital last week with criticical injuries. Summers is also charged with assault of an adult. July 15/10 Probation in Calgary manslaughter of teen daughter, Aminat Calgary Herald – Asset Magomadova, 40, a refugee from Chechnya, was originally charged with second-degree murder for killing her daughter Aminat, 14, in 2007 when she strangled her troubled daughter after a violent struggle. ‘This was a family in crisis with events spiraling out of control,’ her lawyer said, alluding to the friction between mother and Aminat leading up to the deadly confrontation that morning. A Sept 29/09 report quoted a psychologist as saying the teenager had major behavioural disorders. Justice Sal Lo Vecchio said he wrestled with dynamics of the family in reaching his conclusions and suspended judgment on conditions that included counselling and treatment for Magomadova’s anger, depression, bereavement and grief. One of Magomadova's sponsors with St. James Anglican Church, said she was relieved ‘at the compassion and mercy that has been shown’ by the court. July 15/10 Brazil President asks for ban on all corporal punishment Latin American Herald Tribune - Brazilian President Luiz Inacio Lula da Silva will soon send a bill to Congress that would ban corporal punishment by parents and teachers, including slaps and spankings. A Cabinet member said the proposed law does not seek to imprison any parent who ‘hits’ a child, but rather to warn them, get them into a family-protection program and provide them with psychological guidance. He added that children who are punished physically come to believe this is normal and are likely to reproduce this behavior in school or in their adult lives. July 14/10 Reports of abuse close Edmonton daycare centre Edmonton Journal - Forced feedings, physical discipline and long waits to use the bathroom are among the abuses children suffered at a Stony Plain daycare, say provincial investigators who have ordered it to close. The allegations came to light after an employee at the daycare complained to the ministry. Ministry investigators made 3 visits to the centre and confirmed a number of accusations of inappropriate staff behaviour toward children. The closure sends about 60 sets of parents scrambling to find new accommodations for their children. Complaints related to the daycare's feeding practices were raised in 2008 and 2009. In both cases, the ministry worked with the centre's staff and the situation improved. However, the latest allegations were more serious. July 12/10 Mother fit to stand trial in stabbing teen daughter, Bahar The Gazette – Johra Kaleki, the mother accused of stabbing her daughter multiple times with a kitchen knife after the 19-year-old girl came home late one night has been found fit to stand trial. She faces charges of attempted murder, aggravated assault and possession of a weapon in connection with the June attack in which her daughter suffered serious injuries to her upper body. See our June 15 note for further information. July 12/10 BC step-father charged with murdering 5-year-old daughter Vancouver Sun – The stepfather of 5-year-old Clare Shelswell, of Abbotsford, BC, is charged with her 1st degree murder while on vacation with the child and her mother in Washington state. The child was found with her throat slashed. In his statement to police, Peter Wilson, 29, said he killed the girl following a fight with his wife about disciplining Clare and her older sister. Both Wilson and his wife told police he takes medication for a bipolar disorder. Sanjeev Anand, a University of Alberta law professor said an insanity plea, is ‘very difficult to prove’ because the state of mind of the accused must be very severe for it to stand up in court. ‘Just because somebody is bipolar it doesn't mean they're insane in the meaning of the criminal law’, he said. The trial will take place in Washington. July 11/10 Toronto toddler’s death deemed suspicious by police Toronto Star – The toddler lived in the Lawrence Ave E and Victoria Ave area of Toronto and died July 9. Until an autopsy is performed, police cannot give further details. July 9/10 Mother gets 7 years for feeding son cocaine & physical abuse Toronto Star – The Scarorough, ON, mother, Tamara Bloomfield, nearly killed her toddler with a cocaine overdose after giving him the drug over 14 months. She is convicted of aggravated assault, assault endangering life, and assault causing bodily harm for his multiple rib fractures. As a result, the child has permanent and irreversible brain damage requiring him to be dependent on others for the rest of his life. The mother insists she is innocent and is appealing conviction and sentence. June 28/10 US Congresswoman introduces bill to end school CP Press Release - Congresswoman Carolyn McCarthy, NY, holds a press conference to introduce legislation to end corporal punishment in schools. Data collected by the U.S. Dept. of Education’s Office of Civil Rights shows that over 220,000 students in 20 states, in schools across the country are corporally punished, and studies indicate that such punishment has a negative effect on students. Children of color and with disabilities experience corporal punishment at disproportionate rates. The bill aims to alleviate this and promote positive school cultures and climates. Additionally, data shows no evidence that corporal punishment is an effective disciplinary tool or that it results in academic success. Apparently, US federal legislation can protect school children by denying funds to educational programs that allow corporal punishment, as every federal education program imposes conditions on how schools can and cannot use federal money. June 17/10 Father and brother of Aqsa Parvez sentenced for teen’s murder Globe and Mail – Muhammad Manzour Parvez, 60, and Waqas Parvez, 29, the Brampton, ON father and brother of Aqsa Parvez, 16, are sentenced to life imprisonment with no chance of parole for 18 years by Justice Bruce Durno. They had pleaded guilty to second-degree murder in Aqsa’s death by strangling because, as the father told Aqsa’s mother, his community would say that he was unable to control his daughter. Aqsa had wanted to wear western clothes, work outside the home and visit schoolmates. By pleading guilty, the pair avoided a fist-degree murder trial. Judge Durno cited deterrence, and aggravating factors such as archaic notions of gender, and breach of a child’s trust in the 18-year parole limitation. Gender inequality fueled a ‘twisted, chilling and repugnant mindset’ he said in sentencing them. See our Dec 13/07 item for other information. June 16/10 Brampton parents charged with killing teen daughter, Tiffany CTV Toronto- The father and stepmother of 15-year-old Tiffany Gayle, Brampton, ON, face charges of second-degree murder in her death. Tiffany was found dead in her home. An autopsy indicated the cause of death was ‘blunt force trauma’ (beaten to death.) Tiffany had recently arrived from Jamaica to be with her father Fredrick Gayle, 42, and his wife, Elizabeth Gayle, 43. A June 15 Globe and Mail report said police are trying to determine if the girl had been abused before her death. ‘Essentially, physical abuse of a child doesn’t usually start with a [homicide]. There’s usually a pattern that might not be reported to police’, police said. No other information is available at this time. June 16/10 Parents warned about hazing in Nfld Junior High School CBC News - St. Peter's Junior High School in the St. John's area has sent a warning notice to parents about a recurring hazing ritual, saying that several male Grade 9 students have been paddled by high school students. The incidents occurred in parks and other public places, the notice said. Paddling has been reported at various schools in recent years, usually involving teenagers who use hockey sticks or other objects to strike younger adolescents. Parents have been told to talk to their children about hazing, and ‘take necessary precautions’. The school said it has been in contact with local high schools in an effort to stop the paddling. June 16/10 Truth and Reconciliation Commission hears abuse stories The Province - First Nations children were living in residential schools in 1949 under the domination of priests, nuns and staff charged with purging the children of their culture and traditions and replacing them with their own. By the time the last of the 132 schools was shut in 1996, thousands of aboriginal children had suffered horrendous physical, sexual and psychological abuse. Some 75,000 former students are still alive. More than 5,000 of them, including several hundred from B.C., along with thousands of non-aboriginal Canadians, are expected to attend the National Truth and Reconciliation Commission healing gathering, starting today in Winnipeg. Former residential-school students will have this first opportunity to tell their stories through statements to staff, in "sharing circles" and on video, said TRC executive director Tom McMahon. This information will be used for a national research centre report the TRC is charged with creating. June 15/10 Mother charged in attempted murder of daughter, Bahar National Post – Mother, Johra Kaleki, whose home is in Dorval, Quebec, appeared in court on charges of attempted murder and assault in what the Crown is treating as an honour crime. The 19-year-old daughter, Bahar Ebrahimi, described as a ‘fun-loving’ Afgan girl who had returned home in the morning after a night out, was attacked with a knife and suffered serious stab wounds to her head, face, shoulder and arm. At the request of her lawyer the mother has been ordered to undergo a psychiatric evaluation. June 10/10  Speech by Senator on 2nd reading of Bill to repeal S. 43 Hansard -  Senator Hervieux-Payette spoke on second reading of her Bill S-204 to repeal S. 43. Besides touching on scientific, religious, and psychological concepts concerning child discipline, she stressed that violence must be reduced and that we need to recommit to prevention and parenting education. Repeal would not result in criminalization of parents for "trifling" reasons. Not one of the 26 countries that have thus far banned the use of violence in child rearing has experienced this result. Force is ineffective in child rearing, no matter what the level and its consequences are counter-productive. The most recent study in the American Academy of Pediatrics shows that spanking 3-year-old children significantly increases the probability of aggression by age 5. She said Bill S-204 would help parents find alternative child rearing practices. Debate then adjourned. See Senate Bills to Repeal S. 43 for further information. June 5/10  Report and editorial on NS principal who wrestled student Globe and Mail – The Globe report on the May 28 incident referred to below describes the principal as manhandling the student, hurling him to the floor and frog-marching him to the office in a full-nelson and notes the principal is black with a military background. Its editorial on it states: ‘It doesn’t matter how defiant the 14-year-old student was. Nobody has the right to physically assault a child. This act does not teach students to refrain from acts of violence and bullying. Instead, it will promote the view that intimidation is acceptable, and that someone who is physically overpowering may use force to get his way.’ June 4/10  Edmonton parents convicted of assaulting 14-year-old with belt Calgary Sun -  Lawrence Zachow, mortgage broker and pastor, age 59, and wife are charged with assault with a weapon on their 14-year-old daughter after she admitted being sexually active. During the confrontation, daughter grabbed a knife and father ‘guided’ her to bedroom with hand on her neck and pulling her hair. In the bedroom, the father held the teen's legs over her head "to present her buttocks for spanking" and told his wife to spank her with a belt. She was struck at least three times. In the June 6 Edmonton Sun, columnist Mindelle Jacobs, writes “Just in case being struck by her parents three times with a belt on the buttocks wasn’t humiliating enough, her father called her a “slut” and a “whore.”  “A real-life teachable moment to have an honest conversation about sexuality was lost”, she writes. Judge Stevens-Guille dismissed the assault with weapon charge and found parents guilty of lesser charge of assault, saying the injuries were not that serious and that parents are allowed by law to use reasonable force for corrective measures, but not to use objects. He asked for pre-sentence report to learn about the parents and ‘their philosophies’. Comment: The Supreme Court of Canada made it quite clear in its 2004 decision on the constitutionality of S. 43 that ‘corporal punishment of teenagers creates a serious risk of psychological harm’ and is therefore unreasonable and cannot be justified under S. 43. The judge apparently does not acknowledge that corporal punishment of teenagers is no longer legal, does not follow other decisions in which striking with a belt is held to be assault with a weapon, and seems to consider only physical injuries of significance – but not the serious risk of psychological harm noted by the Supreme Court. May 30/10  Women claim for physical/emotional abuse at Nfld orphanage Toronto Star – More than 30 women began a court action 13 years ago against the Congregation of the Sisters of Mercy and the province of Newfoundland for years of physical abuse when they were children in the Belvedere Orphanage in the 1940s and 50s. One of the plaintiffs says she was beaten with belts and fists, locked in a dark space without food, and placed in a bathtub of scalding water. She and other survivors have battled alcoholism and depression as a result. Since launching the suit, little progress has been made because nuns have died, memories have faded and the trauma caused by medical assessments has proved too damaging for the women. May 28/10  Video of student-principal scuffle posted on CBC site CBC News - Security video of a March confrontation between a principal and a student at a Nova Scotia high school was posted on YouTube today. The video appears to show Ken Fells, who at the time was principal of Graham Creighton Junior High, wrestling with 14-year-old Josh Boutilier. Fells was removed as principal at the Cherry Brook school last week, but is still an employee of the Halifax Regional School Board. The student, who now attends a new school, received a concussion, cuts and bruises during the altercation, according to his family. RCMP investigated the incident and no charges were laid. Click for video: http://www.cbc.ca/canada/nova-scotia/story/2010/05/28/ns-fells-altercation-video.html May 28/10  Repeal 43 C’ttee  submission to UNC re Canada’s report on S. 43 In Nov/09, the Government of Canada reported to the UN Committee on the Rights of the Child on its implementation of the UN Convention. With regard to Article 19 of the Convention and S. 43, the govt simply stated that the Supreme Court of Canada upheld the constitutionality of S. 43 and found it ‘consistent with Canada’s obligations under the Convention’. As we believe S. 43 is not consistent with Article 19, we made a submission to the UNC on this issue. The UNC is unlikely to respond to Canada’s report until spring 2011 and submissions by other NGOs will no doubt be made this year. May 28/10 Residential schools commission told about child-on-child assaults Globe and Mail – The Independent Assessment Process set up as part of an out-of-court settlement between churches, schools and Ottawa is told that as many as 20% of physical and sexual abuse claims in Indian residential schools may involve child-on-child assaults. This has rarely been discussed before. According to the ED of the Indian Residential School Survivors Society, these assaults can be traced back to abuse by priests, nuns and workers at the schools. May 18/10  Raffi calls for positive discipline – not threats and physical punishment  Globe and Mail – In a column re assaults on children in the Roman Catholic Church, children’s songster, author and founder of the Centre for Child Honouring, Raffi Cavoukian, calls on religious leaders to inspire their followers to accord children the dignity and respect enshrined in the UN Convention on the Rights of the Child. Various forms of violence – threats, smacks and beatings – have no place in an enlightened world, he writes. These not only violate a child’s rights but also are counterproductive and harmful. Religious leaders can issue a clear call to replace physical punishment and coercion with positive discipline and respect. May 15/10  Spanking may lower child’s IQ: Murray Straus study Regina Leader Post – Children who are spared the rod may grow up to have higher IQs than those who are spanked, suggests a study by one of North America's foremost child psychology experts. Researcher Murray Straus found the younger children who were spanked scored an average of five points lower on their IQs, compared to children in their age group whose parents did not believe in corporal punishment. Corporal punishment was defined in the study as hitting a child, usually on the buttocks, at least three times a week. The one who usually did the spanking was the mother. David Day, an associate psychology professor at Ryerson University,  Toronto, said parents should be using positive-reinforcement techniques instead of striking their children. See Research chapter for study presented at a conference in San Diego Oct/09. May 14/10 Saskatchewan Children’s Advocate steps down after one term The Star Phoenix – Children’s Advocate, Marvin Bernstein, has indicated to the Saskatchewan Justice Minister that he does not wish to be considered for reappointment when 5-year term expires in August. The second person to hold the position of Children's Advocate in Saskatchewan, Bernstein is perhaps best known for a hard-hitting report on problems with the foster care system in Saskatoon. "He's left a mark on our province. He's been a strong advocate for children and their rights. He's raised some significant issues," the minister said. Bernstein, who has been hired by UNICEF Canada, will return to his home province of Ontario. May/10  Repeal 43 Committee info folder on S. 43 revised and updated The Repeal 43 Committee has revised and updated its information folder giving basic information on our committee, Section 43, and national and international developments in the campaign to end legal support for corporal punishment. Information is available on our website as well as on others, but print material is still valuable for meetings, workshops, organizations, and interested individuals who may not have easy access to a computer. Click for folder. Copies can be printed on legal-size, light blue paper and machine-folded for a few dollars. May/10 Archdiocese of Halifax bans corporal punishment by staff In a Feb15/10 letter to the faithful of the Archdiocese of Halifax and Diocese of Yarmouth, Anthony Mancini, Archbishop of Halifax, writes that the Churches of Halifax and Yarmouth have been living through difficult times as the result of allegations of sexual abuse and events in the Diocese of Antigonish. Because of these difficulties, there has been a call for a more transparent, open and accountable church. The outcome of this call is a 28-page protocol Responsible Ministry and Safe Environment Protocol. It includes the following ban on corporal punishment: “Staff and volunteers shall nor engage in the corporal punishment of children, youth or vulnerable adults in their care. Discipline problems will be handled in coordination with the immediate supervisor and the parents/care providers.” May/10  Liechtenstein prohibits corporal punishment in the home Global Initiative Newsletter - Liechtenstein passed legislation to completely prohibit corporal punishment of children, including by parents in the home. An unofficial translation of Article 3(1) of the Children and Youth Act 2008 states: “Children and young people have the rights outlined in the Convention on the Rights of the Child and to ... education/upbringing without violence. Corporal punishment, psychological harm and other degrading treatment are not accepted....” The Act came into force in 2009. May 4/10 Council of Europe: full smacking ban would lead to respectful society Telegraph.co.uk - Commenting on Britain’s ‘reasonable chastisement’ defence in the Children’s Act 2004,the deputy head of the Council of Europe, Maud de Boer-Buquicchio, writes in a letter to The Daily Telegraph: “I firmly believe that the existence of a legal defence for parents who ‘reasonably chastise’ their children, effectively halts the evolution towards a society which is more respectful of both children’s rights and parents’ potential to improve their parental skills.” Mild smacking of children remains permitted in UK homes under a “reasonable chastisement” defence to the crime of common assault. The Council of Europe continues to press Britain to introduce a total ban. May 1/10  Class action against Bishop’s College School for years of abuse Montreal Gazette – BCS in Montreal is one of Canada’s ‘elite’ private schools where some students went on to distinguished careers; others to a downward path to alcoholism, drug abuse, psychological disorder, failed relationships and career instability. More than 36 former students have launched a class action demanding $15 million in compensation, full disclosure and apology. They give accounts of rampant corporal punishment, routine floggings on bared backsides with canes, steel-edged rulers and hockey sticks and sexual abuse at the hands of an ordained faculty member. This echoes tales of abuse in Catholic parishes, Indian Residential Schools, and other elite schools, including Montreal’s Selwyn House and Toronto’s Upper Canada College. At BCS, older boys were allowed to beat younger boys in a ‘fagging’ system modeled on British public schools�. There was pressure not to complain or speak of this abuse. Ap 29/10  Sask Children’s Advocate’s 2009 Annual Report reflects busy year Canadian Press – Children’s Advocate, Marvin Bernstein’s 2009 Annual Report says 2009 was the busiest to date for his office with a 25% increase in requests over last year. There were 4800 children in care: nearly 80% Aboriginal. Bernstein said there were some positive developments after his office released a scathing report on violence and abuse in Saskatoon foster homes. A social worker, for example, described overcrowded conditions in one foster home as a ‘puppy mill’. In another, the foster father of brothers age 10 and 13 was charged with assault. The Sask govt responded with new money for foster homes and a restructuring of the Ministry of Social Services. A review of the child welfare system was also launched. Ap 28/10  Senator moves 2nd reading of her Bill S-204 to repeal S. 43 Hansard – Senator Hervieux-Payette said she wanted to update her research before speaking on Bill S-204, and the debate adjourned. Ap 27/10 Guardians to stand trial for Katelynn Sampson murder Toronto Star - Donna Irving and Warren Johnson have been ordered to stand trial on first-degree murder charges following a 49 day preliminary hearing to determine if there is sufficient evidence on which a jury could find accused guilty. Katelynn's death shocked Toronto during the summer of 2008. Detectives who found her body said her injuries were the worst they'd seen. See our Aug 6/08 item on the circumstances of this 7-year-old child’s death. Ap 23/10  Alice Miller dies: She changed world views on child-rearing Alice Miller dies in France at age 87. Born in Poland, she studied philosophy and literature and trained as a psychotherapist. After 20 years of practicing psychoanalysis, she decided this was not the best way to help people. She came to believe it would be more helpful to write about the parent-child relationship and the lifelong effects of corporal punishment and sexual abuse. This was the theme of books such as For Your Own Good: Hidden cruelty in child-rearing and the roots of violence and The Body Never Lies. Her books were translated into 30 languages. An Ap 28 obituary in the Globe and Mail quotes British psychologist Oliver James as saying ‘Clinically, she is almost as influential as R.D. Laing’ and the Observer of London wrote that she changed the way people thought about children. Click for Alice Miller Manifesto: Every Smack is a Humiliation. Ap 17/10  Roots of Empathy: school-based program helps reduce bullying Time.com - Teaching children to understand their own behavior and feelings provides the basic tools for understanding the behavior and feelings of others, says Mary Gordon, founder of Roots of Empathy, a school-based program designed to foster compassion. Gordon's Roots of Empathy program is currently being used in about 3,000 kindergartens, elementary and middle schools in Canada and 40 schools in Seattle. In the program, children get to see a visiting parent and infant interact in the classroom about once a month, and watch the foundations of empathy being built. To date, 9 separate studies show that Roots of Empathy helps reduce bullying at schools. Ap 15/10  Community newspaper editorial: Save a child, spare the rod Caledon Enterprise, Bolton, ON – In an editorial prompted by the Tulane study on the effects of corporal punishment on young children, this community newspaper editorial says it is surprising that hitting children is not illegal in Canada if used by a parent or care-giver for disciplinary reasons – and that corporal punishment was, in fact, reinforced by a Supreme Court decision in 2004. A landmark study now indicates spanking children “turned out to be the strongest risk factor” in raising children who are aggressive, destructive and disobedient. Birthing a child, says the editorial, does not give parents the right to indulge in corporal punishment.  In 24 more enlightened countries around the world, it is prohibited and it’s time for Canada to join their ranks. Ap 12/10  Spanking leads to aggressive behaviour in children: Tulane Study Ottawa Citizen – A study by Catherine A. Taylor and others at Tulane University School of Public Health and Tropical Medicine, New Orleans, finds that children who were spanked often before age 3 were twice as likely as those who weren't spanked to develop aggressive behaviours such as getting into fights, destroying things or being mean to others. "Children need guidance and discipline," said Taylor. "Parents should focus on positive, non-violent forms of discipline and avoid the use of spanking." See Research chapter for more information. Ap 12/10  Global poll: parents say physical punishment is not best discipline CNN – A global poll of 16 countries by Reader’s Digest asked parents: What’s the most effective way to discipline kids under age 18? Send them to their rooms, Talk to them, Take away a privilege, Use physical punishment. A good talking-to was voted the best tactic for teaching a lesson, by a wide margin. Taking away a privilege placed second. Two other traditional forms of discipline - sending kids to their rooms and spanking – were the least favored choices in all countries. The highest rate of approval for corporal punishment was in Russia (13% approval) and the UK (12% approval). See the full set of results here. Ap 1/10   Spanking leads to more child aggression/ anxiety, regardless of country Physorg.com - Researchers at the University of Michigan and 5 other universities looked at practices and perceptions of discipline in six countries. They examined the associations of mothers' discipline techniques with children's aggressive and anxious behaviors in China, India, Italy, Kenya, Thailand and the Philippines and found that spanking leads to more childhood aggression and anxiety, regardless of the country. "It may be that the long-term investments that we make in children, like spending time with them, showing that we love them and listening to them, have a more powerful positive effect on behavior than any form of discipline," said Andrew Grogan-Kaylor, UM associate professor of social work. See Research chapter for more information. Mar 30/10  UK govt extends corporal punishment ban to part-time schools BBC News – Under current UK rules, smacking is already banned in state, private schools and nurseries but the ban has not covered educational settings where lessons are taught for fewer than 12.5 hours per week.  As a result, part-time educational settings, including religious lessons taught in madrassas, have been able to use corporal punishment. But now it will be banned in all forms of tuition, care and supervision outside the family. This sends a straightforward message that corporal punishment is entirely unacceptable in any form of care, education or leisure. However, the ban does not include nannies, au pairs or babysitters, as they are considered part of the family or household. Mar 17/10  Ex-coach admits paddling students for sexual gratification The Telegraph – Nashua, New Hampshire.  A former high school coach pleads guilty to paddling 3 schoolboys for sexual gratification and is sentenced to 3 years in jail. The 32-year-old man admitted to abusing his position as an authority figure, spanking 3 teens with a belt, paddling or using a bare hand as “punishment” for misbehavior or bad grades. He forced another boy to sit on his lap, slapped the boy’s face, and admitted to police that he had been playing out scenes from his pornographic movies and that he was receiving mental health help. Mar 10/10  Pope’s brother confesses to slapping choir boys for ‘poor performances’ Toronto Star – The Pope’s older brother, Rev. Georg Ratzinger, 86, tells a German newspaper that he administered corporal punishment himself and repeatedly slapped pupils in the face as punishment for poor performances after he took over a renowned German boy’s choir in the 1960s and led until 1994. He said he knew about allegations of physical abuse at an elementary school linked to the choir but did nothing about it and was also told by some boys about severe beatings at 2 feeder schools for the choir. Rev. Ratzinger told the paper that he now condemns such actions, always had a bad conscience about them, and asks pardon for them. The paper also quoted the German justice minister as saying that the Vatican had a role in the “wall of silence” that surrounded the sexual abuse of children. Mar 10/10  New section 43 decisions summarized in Law chapter Five decisions from Quebec courts and 4 from other provinces involve parents and teachers. Alleged assaults include hits to the face, striking with a belt, grabbing by teachers and kicking, slapping, punching by adoptive parents (R. c. S. S, et G. R. 2008) who had glowing references for the adoption of 3 boys. The father insisted in disciplining them with the same punishments he had received as a child. Although the mother disagreed with his methods, the question of her guilt for tolerating father’s assaults was considered. Mar 5/10  Latest NZ police report on ‘smacking’ ban finds no problems Barnardos New Zealand - In Dec/09, the New Zealand PM invited police to continue monitoring the results of the 2007 ban on corporal punishment for a further 3 yrs. The police report for the latest period (June to Dec/09) shows an increase in the number of child assault events attended and finds this consistent with reduced tolerance and increased reporting of assaults on children. There were 367 events attended and 2 prosecuted but both were resolved by diversion. One was a ‘smacking’ in which a red welt was still visible after 3 days and the other was for a ‘minor acts of physical discipline’ in which parent admitted stress and frustration See International Developments, New Zealand for report and other information. Mar 5/10  Murder conviction upheld in death of 5-year-old Phoenix Sinclair Toronto Star –Saying the crime deserved “society’s condemnation”, the Manitoba Court of Appeal unanimously upholds the first-degree murder conviction of Kematch and McKay in the horrendous treatment and death of 5-year-old Phoenix. See Nov 14/08 news item. Mar 4&5 /10  Another homicide of toddler in Alberta foster home Globe and Mail – A 21-month-old girl in foster care for 2 months in Morinville, north of Edmonton, dies of severe brain damage. The death is now confirmed as homicide as it seems the child may have been shaken to death. This is the latest death while in Alberta foster care.  An Edmonton foster mother was sentenced to 3 years in jail for the death of a toddler in 2008 (see Dec 1/08 and Jan 30/07 news items). A 4-year-old died from head injuries in 2009 while in the foster care of her aunt who has now been charged. Other foster deaths are noted in this chapter. The Opposition again calls for better recruitment, screening and supervision of foster parents. Mar 3/10  Former Huronia residents claim abuse and seek compensation Toronto Star – Former residents of the Huronia Regional Centre run by the Ontario govt between 1876 and 2009 are haunted by what many call dark memories and ask that their claim for damages against the province be certified as a class-action suit. The residence was home to more than 3,000 developmentally disabled children and adults. One former resident remembers being “whacked” with a thick stick if his hands were dirty. Another recalls being hit with a fly swatter and dunked in ice water for not eating. Reports about conditions at the centre began emerging in the 1970s but apparently little was done. Mar 3/10  Immigration Minister’s study guide for immigrants criticized Globe and Mail – An updated 63-page study guide for citizenship applicants was released in Nov/09 and will start being used this month to educate immigrants about Canada. It contains no reference to the equality rights of gay and lesbian Canadians and has been much criticized for this important omission. Comment: Another important omission is the lack of any reference to children’s rights, particularly their right to freedom from parental assaults for “correction” unless the force used is “minor, transitory and trifling”. This was a basic limit placed on corporal punishment by the Supreme Court’s 2004 reinterpretation of s. 43 and until the section is repealed, at least gives children some protection. Since most immigrants are from countries with no such limit, this change in Canadian law should have been brought to their attention. The guide is called Discover Canada: The Rights and Responsibilities of Citizenship but is more focused on history and the military than on rights. Feb 18/10   “Bullying Awareness and Prevention Week” in Ontario Toronto Sun - Elizabeth Witmer, Progressive Conservative Education Critic introduces a resolution calling on the Ontario government to officially recognize the 3rd week of each November as “Bullying Awareness & Prevention Week”. Witmer said one in three students experience bullying in school and almost one in three have bullied someone else. “It is my belief that by raising awareness of bullying and embarking on efforts to prevent it, students will understand there is support for those who are bullied, that there are consequences for bullying and that bullying is never acceptable.” Witmer’s resolution passed with all-party support. Feb 10/10  Maryland, US bill aims to restrict corporal punishment nospank.net – Two Democratic senators introduce a bill in the Maryland Senate to limit corporal punishment of children by making hitting with objects, fist, face slapping, kicking and similar acts of violence clearly illegal. Reasons for the bill as set out in its preamble include national surveys and research showing that 35% of infants are hit in the name of reasonable discipline, that the majority of child abuse and child abuse-related fatal incidents start as acts of corporal punishment, and that striking disabled children with electrical cords and causing injury by the fist have recently been deemed reasonable in some Maryland court decisions. Maryland's leading child-abuse prevention organization, “The Family Tree” endorses the Bill and says it will help protect Maryland's children from maltreatment by providing clear guidance about how a parent may discipline a child. In 2007, more than 1,500 US children died as a result of maltreatment and the annual cost of child abuse was over $100 billion, including more than $33 billion for direct costs like courts, foster care, law enforcement and health care, and $70 billion in long-term economic effects. (The 2003 University Western Ontario study noted on our Research chapter estimated the annual Canadian costs at close to $16 billion.) Feb 5/10 Editorial - It's not ok to beat your kids - we should have evolved beyond this The Daily Gleaner, New Brunswick - Summary of editorial re the Feb 3 assault noted above: Justice Paulette Garnett sent a powerful message to a Fredericton father in an appeal ruling this week - that his decision to beat his child won't be tolerated. Garnett overturned a lower court sentence of probation for the 46-year-old man who spanked his son hard enough to cause bruises and pain lasting a couple of days. She ruled, instead, that a 45-day jail term was in order. The judge sent the right message, but she made it clear the message was meant for this one offender. We applaud Garnett's decision to impose a stiff sentence in this case, but we lament the fact that a stronger message wasn't sent to parents and caregivers in general about the fine line between corporal punishment and child abuse. A stronger, wider message needs to be sent to the public in general, but it's probably not this one judge's place to send it. The Criminal Code of Canada is crafted by Parliament and, as such, the ultimate responsibility for sending such messages lies with our MPs. We recognize there's a valid debate in society about the value of corporal punishment. However, tougher sanctions on those who cross the legal line when it comes to using physical force to correct a child's behaviour are in order. So why should such a strong message be sent? The reason is clear: some people just aren't getting it. As evidence, we offer up the following reader comment that was left on the Canadaeast website in response to our coverage of the Crown's decision to appeal the spanking sentence: "It seems to me that the Crown needs a good spanking. The father left bruises on the bum, not the face or neck. And I say, spank away parents." This sort of comment would have been understandable decades ago, but in the 21st century, we've evolved beyond this sort of thinking in our community - or, at least, we should have. Feb 3/10  New Brunwick father jailed for injuring 6-year-old son by spanking The Daily Gleaner.com - A lower court's decision to put a Fredericton father on probation for spanking his son in May/08 hard enough to bruise and injure the boy is appealed and overturned. Justice Paulette Garnett instead sentenced him to 45 days in jail. The 46-year-old man had pled guilty to a summary count of assault causing bodily harm to the boy but said he still planned to use corporal punishment in raising his children. The man had "beat his son so hard that he left bruises which were clearly visible two days later". He also and had a previous conviction for assault. In the appeal, the court was urged to consider general deterrence as the most important factor in the case.  Feb 2/10 Preliminary hearing for 3 in Rideau Canal death of teen daughters CTV.ca Montreal - Mohammad Shafia, his wife Tooba Mohammad Yahya, and their son Hamed Shafia are accused of killing the couple's three teenaged daughters – Zainab, Sahari and Geeti, age 13 to 19 – and Shafia's 50-year-old first wife, Rona Amir Mohammad in June/09. Their bodies were found in a car submerged in a lock on the Rideau Canal. A National Post report says an unnamed person claiming to be a family relative wrote the Montreal Gazette, alleging that Shafia was ‘disgraced’ by his daughters’ behaviour in Canada and that he wanted his first wife to return to Afghanistan. Police are investigating claims the deaths were so-called honour killings but no further information is yet available. Jan 26/10  St. Thomas, Ontario father charged in death of baby London Free Press – Shawn Gallant, 23, is charged with manslaughter in the death of his 2-month-old son, Lucas Rozell Gallant, who was found unconscious in his St. Thomas, Ont home in May/08. "Because it's an infant, there was a lot of medical evidence required and it took a long time for the pathologist to come to some conclusions and give us their opinions," said police. Jan 19/10  PEI man sentenced to 2 years for aggravated assault on infant CBC News – David Evans Kelly is sentenced to 2 yrs in jail after pleading guilty to aggravated assault on a 10-week-old baby boy left in his care. The baby wouldn’t stop crying and 25-year-old Kelly shook him 3 times. When the mother returned and took baby to hospital his injuries included bruising and bleeding from the brain. Crown attorney told the court that Kelly "lacked the most fundamental of parenting skills" and that the little boy, now a year old, has a bleak future, needs constant medical attention and is fed through a tube. Doctors do not expect the boy's condition to improve. Jan 18/10  Singer Raffi opens "Centre for Child Honouring" in B.C. Winnipeg Free Press – Raffi Cavoukian is one of Canada's most popular children's singers and also an author and recipient of the Order of Canada and the UN's Earth Achievement Award. But the 60-year-old singer says his legacy will be "The Centre for Child Honouring", which he officially opened this weekend on British Columbia's idyllic Saltspring Island. The facility is described as a "training hub" where children's developmental needs will be discussed. Everyone from parents to world leaders will be invited to attend and teach. The first guest speaker at the Centre was University of Manitoba professor and clinical psychologist Joan Durrant who noted that discipline does not mean punishment and stressed that positive discipline does not mean permissive parenting. Former B.C. lieutenant governor Iona Campagnolo is patron of the centre. Comment: One of the basic principles of the Centre as stated on its website is that nonviolence is central to emotional maturity, to family relations, to community values, and to the character of societies that aspire to live in peace. Regarding children, the website notes that this means no corporal punishment, no humiliation, and no coercion. Jan 16/10 James Dobson to leave Focus On The Family New York Times – James Dobson, founder of Focus on the Family and influential voice for Christian conservatives, is about to depart from the organization he created and is starting a radio program that will give him greater leeway to hold forth on politics. Dr. Dobson, a psychologist, founded Focus on the Family 33 years ago to offer advice on parenting, but he has increasingly used his substantial following among evangelicals to influence policy debates and elections. Focus occupies sprawling headquarters in Colorado Springs. It had 1,400 employees at its height in 2002, but has 860 now. Its budget was cut from $160 million in 2008 to $139 million in 2009. The contraction is due not only to the recession but to Focus’s struggle to retain a younger generation of evangelicals who identify it with their parents. Click here and here for examples of psychologist Dobson’s advice on disciplining young children. Jan 15/10 Senator Hervieux-Payette will reintroduce amended Bill S-209 When Parliament resumes in March, Senator Hervieux-Payette confirms she will reintroduce Bill S-209. The bill was before the Legal and Constitutional Affairs Committee for study when Prime Minister Harper prorogued Parliament in December. The result is that all Private Members’ Bills in the Senate die. (Those in the House of Commons do not.) Jan 15/10 Abuse alleged at Nova Scotia schools for deaf by former students ChronicleHerald.ca – A class-action against the Nova Scotia govt for damages is brought by former students at schools for the deaf in Halifax and Amherst, Nova Scotia. It alleges physical, sexual and psychological abuse in the 1950s and 1960s by staff and older students. The lawsuit, launched in Sept/09, is one of several class-action lawsuits filed against provincial governments in Alberta, Saskatchewan, Manitoba, Quebec and Newfoundland alleging rampant abuse of deaf students at residential schools. Walter Wile, who filed the suit, alleges he was hit about 40 times during his years at both schools and that when he was 10, a staff member struck him repeatedly on both the hands and upper arms with a wooden stick. Wile claims he did not receive a proper education and has been emotionally scarred and has lived with depression for years. Jan 14/10 Manitoba apologizes for abuse at militaristic group home Globe and Mail – The province of Manitoba apologizes to dozens of boys who were raised in a “militaristic” provincial group home in Cathedral Valley, Grandview, Man, 30 years ago. The apology coincided with the release of an independent report that concluded residents “were emotionally harmed by [a] strict militaristic environment that used corporal punishment as a means to instill fear and control over students”. The lead plaintiff was eight years old when RCMP sent him to the home run by a retired military man and his wife. Jan 13/10 Oshawa man charged with 2nd degree murder of 2-year-old Toronto Star - The man charged is 26-year-old Michael Harvey Monckton and the deceased child is Keagan Davis. The child’s body was found in a basement apartment in Oshawa, where Monckton was present. Police said Monckton was “associated with the deceased”. A ban on publishing the names of the child and the man charged with his murder was lifted but a ban on publication of evidence is still in place. However, the Globe and Mail reported on Jan 9 that police say the child’s death resulted from bodily trauma and neighbours indicated the accused might have been the mother’s boyfriend. Jan 11/10 Canadian parents find low level of community support Toronto Star - A survey of 2,500 Canadian parents by Invest in Kids finds that only 26-27% of parents felt they had a high level of support from their communities. This contrasts with the support given to Swedish parents as outlined in the Never Violence report noted below. Jan 10/10 Father jailed for attempted murder of teen daughter, Ashna Thaindian News - Indo-Canadian father is jailed 52 months for attempted murder of his 14-year-old daughter, Ashna Khanna, two years ago at Alliston, near Toronto. Forty-six-year old Kamal Khanna was sentenced after the court heard how he punched and stabbed his daughter while she slept March 24, 2008, then chased her, stabbing her in the chest, head, face and abdomen. The mother of the victim told the court she was at work when her 10-year-old daughter called to say, “Daddy is killing Ashna!” Khanna, who works in a bank, told police he attacked his daughter because she was ‘disrespectful’. The family moved to Canada from India in 1982. See our Mar 5-6/08 item for other information. Jan 6/10 Father and brother of Aqsa Parvez to be tried in 2011 for murder Toronto Star – 16-year-old Aqsa was killed in Dec/07 and her father and brother charged with her first-degree murder. (See our Dec 13/07 item.) Lengthy preliminary hearings were held in 2008. All details revealed in them remain under a publication ban. Jan 6/10 US study says spanking makes children happy but CPS disagrees National Post - Young children spanked by their parents may perform better at school later on and grow up to be happier, according to a controversial new study that is drawing scorn from critics. Marjorie Gunnoe, psychology professor at Michigan's Calvin College, said her research “is not a green light for parents to spank their children, but rather a red light for those groups who want corporal punishment banned.” Prof. Gunnoe admits her research has been rejected by two professional journals, including the Journal of Family Psychology and that it contradicts other studies that associate spanking with negative effects. Dr. Diane Sacks, former president of the Canadian Paediatric Society, says research has proven that spanking, whether short or long-term, leads to "bad, physical behaviour." Grant Wilson, president of the Canadian Children's Rights Council, suggests that the study's results may have been influenced by Calvin College's Christian affiliation since some religious groups oppose abolition of corporal punishment on Christian principles. (Several letters to editors re this report and an article by NP columnist B. Kay have been published. See Articles/Letters 1990 -2010.) Comment: Prof Gunnoe’s study was presented orally at a conference in Denver, Colorado in April/09 but as yet has not been published in any academic journal. Her conclusions contradict most research on the effects of spanking and cannot be evaluated unless and until her study is published and analyzed by experts in research methodology. Nonetheless, it has been given wide publicity in US, British and Canadian media that support parental spanking. Releasing findings of an unpublished study through the media rather than in peer-reviewed journals is unusual and has the effect of influencing public and political opinion on the basis of research that can’t be adequately critiqued. From what we can gather from available information, the study is based on a sample of only 180 youth, age 12 – 17 years. They were selected from a much larger national project that interviews parents on how membership in various US subcultures affects their lives. The parents gave permission for the youth to be interviewed but we have no information on the criteria for the youth selection and the sample is obviously small. The youth were ethnically diverse and 73% of them identified themselves with a formal religion. They were interviewed by email or letter and divided into spanked and not-spanked groups based on their own recollections. They were then asked to evaluate themselves on positive or negative adjustment. As indicators of positive adjustment, they were asked how they ranked themselves on the basis of academic achievement, volunteer work, and optimism about the future. As indicators of adjustment difficulties, they were asked about lying, stealing, alcohol or drug use, whether they had physically attacked anyone, “had sex”, or experienced depression. Depending on methodology and bias, there will always be some research that differs from the mainstream. Research is therefore of limited value in deciding whether s. 43 should be repealed. Full legal protection from “corrective” assaults on wives, prisoners, and apprentices was not based on research that such assaults are harmful. It was based on the belief that it is morally wrong to hit any person for “correction” because this is a violation of the basic human right to dignity and full and equal protection of the law against assault. The same rationale applies to granting children the full protection of the law – and is even stronger – given that children are defenceless and particularly vulnerable. Never Violence report on Sweden’s corporal punishment ban after 30 years A report by the Swedish Ministry of Health and Social Affairs and Sweden’s Save the Children Never Violence – Thirty Years on from Sweden’s Abolition of Corporal Punishment, 2009, explains that the ban prohibits cp or any other humiliating treatment but does not prevent parents from restraining children to prevent harm to themselves or others. It briefly outlines the background of the ban and corrects claims made by opponents. It emphasizes that the ban was followed by an unprecedented publicity campaign, that the Swedish welfare system has a range of universal supports for parents such as generous parental leave, reduced workdays when children are young, housing allowances, sickness benefits for stay–at-home parents, available daycare, and antenatal and children’s health clinics. It reports that: in the 1960s, over 50% of children had been ‘smacked’ once or several times per year by 2000, only around 10% were smacked about 9% of parents still believe in using cp there has been a sharp decline in punishment by punching and using implements 2 years after the ban, 90% of Swedish families knew of the ban all reports are investigated and preventive and supportive measures provided as of 1999, there has been a 190% increase in reports of suspected assaults on children Contrary to claims made by opponents in Sweden and elsewhere: the percentage of reported assaults on children that are prosecuted has not increased increased reports of suspected assaults reflect public awareness- not more assaults youth crimes of theft and property damage have decreased, not increased violent crime rates have stayed relatively constant, not increased there is no indication of increased criminality among young people. For Report Click http://www.sweden.gov.se/sb/d/574/a/132337 Dec/09 Global Initiative Report to End All Corporal Punishment of Children The Global Initiative has issued an annual report for the past 4 years from its office in London, England on developments in the international campaign to end corporal punishment of children. It is an invaluable source of information on campaigns for prohibition and governments that have banned cp or planning to do so. Campaigns are increasing throughout the world. Among them, it notes that the Repeal 43 Committee leads the campaign in Canada. For link to the 4th Report, Click www.endcorporalpunishment.org Dec 23/09 Parents of Randal Dooley lose bid for new trial in horrific death Globe and Mail – The Ontario Court of Appeal unanimously rejects the appeal of the father and stepmother of deceased 7-year-old Randal. They were convicted of second-degree murder in the child’s horrific death from abuse in Sept/98. The trial judge wrote that Randal had lived a nightmare of parental abuse for most of his short life in Canada since being brought here by his Jamaican parents 2 years prior to his death. An autopsy revealed that he had suffered 13 fractured ribs, a lacerated liver, 4 brain injuries and weighed only 42 lbs at the time of death. An article by Corinne Robertshaw in the Ap 18/02 Globe and Mail, reminds readers that in a police interview three days after Randal’s death, his father stated that he had "flogged" his son a month earlier for vomiting and soiling himself. Then he told Randal he loved him and explained that he had to teach him a lesson. "I was brought up believing that if you spare the rod, you spoil the child," he told police. Dec 22/09 New Brunswick man gets house arrest for spanking 5-year-old son Chronicle-Herald – A 36-year-old father from Oromocto, NB, spanked his five-year-old’s bare buttocks leaving them red and bruised. The spanking was so hard the youngster couldn’t sit down the next day. Court was told child had been misbehaving and the father had been called to take him home from daycare. Judge Patricia Cumming said the Supreme Court of Canada has recognized that disciplinary measures can be taken against a child if they do not cause injury. "Measures taken in this case strike me as inappropriate," she said, and suggested the father could have been jailed if he were not taking counselling. He is sentenced to house arrest for 20 days and his identity withheld to protect the identity of his child. Dec 15/09 BC govt to pay for abuse at school for developmentally disabled The British Columbia government will pay about 1,100 survivors of sexual, verbal and physical abuse at Woodlands School for developmentally disabled people. The settlement comes eight years after former B.C. ombudsman Dulcie McCallum completed a review of Woodlands School records from 1950-96 and found that abuse at the New Westminster facility was systemic. It included reports of children being hit and kicked, resulting in broken limbs, black eyes and swollen faces. "It was a horrifically abusive environment," said Bill McArthur, a Woodlands survivor and a co-plaintiff in the lawsuit. Woodlands opened in 1878 and closed permanently in 1996. Dec 14/09 Witnesses of bullying may face more mental health risks than victims A Dec/09 article in the School Psychology Quarterly, Vol. 24, # 4 published by the American Psychological Association finds that students who watch their peers endure verbal or physical abuse could become as psychologically distressed, if not more so, by the events than the victims themselves. Bullies and bystanders may also be more likely to take drugs and drink alcohol, according to the findings of researchers at Boston College, US. They surveyed 2,002 students ages 12 to 16 at 14 public schools in England. Dec 11/09 Jamaica commits to banning school corporal punishment The Jamaica Gleaner – The Minister of Education, Andrew Holness, responds to recent reports of cp in schools by saying the govt intends to ban it next year. In one report, a 5-year-old schoolboy had his arm broken by a teacher who used a large ruler to punish him. In another, a child was hospitalized after accidentally being hit in the eye by a teacher who was punishing another student. The minister said that while there was not a social consensus on the use of corporal punishment, the Government had taken a moral and practical position on the issue, as it was a signatory to various conventions on the rights of the child. Dec 9/09 Conditional discharges in Alberta school hazing assault case Lethbridge Herald  - Seven of 9 high school students charged with assaulting younger students with a canoe paddle in Sept were given conditional discharges in Lethbridge youth court. (See Nov 1/09 item for previous note.) The Grade 12 students, all from Catholic Central High School, faced a charge of assault with a weapon, but pleaded guilty to a lesser charge of common assault. They were suspended for several days and had to write letters of apology to the younger students and families and are developing a power point presentation on hazing to be shown to other students. During their 6 -month conditional discharge, they must perform 20 hours of community service and are prohibited from possessing any weapons. In sentencing on Jan 9/10, Judge Fred Coward said such hazing incidents are tantamount to bullying and are unacceptable, even though students and even some parents may feel otherwise. “What it all boils down to, in simple terms, is it’s bullying,” Coward said. “It was wrong, it always has been wrong, and it always will be wrong.” Dec 9/09 US bill to prevent harmful school restraint/seclusion to be introduced US supporters of banning school corporal punishment advise that a press conference was held to introduce a bipartisan bill in Congress to prevent harmful restraint and seclusion in US schools, but lament that the bill does not prohibit corporal punishment. Apparently, there have been no federal laws to prevent abusive restraint and seclusion at schools. The 2000 Children's Health Act regulates how and when restraint and seclusion can be used in medical settings and community facilities, but is silent about its use in schools. Dec 8/09 Leading opponent of NZ smacking ban now says ban is working well stuff.co.nz - A leading opponent of New Zealand’s smacking ban says parents "can relax" about the new law. Television psychologist Dr. Nigel Latta said none of the cases highlighted by the pro-smacking lobby to bolster their argument that good parents were being made into criminals for smacking stood up to scrutiny. His finding, after a three-month review by him, Police Commissioner and head of the Social Development Ministry, found the truth often differed markedly from what parents told the lobby group, and in every case the police and protection response was appropriate. "In all of the case studies that I reviewed, it was clear that there were other aggravating features involved," he said. This has firmed the Government's position that there is no need to change the law despite a referendum in favour of change earlier this year and the continuing campaign against the law by groups like Family First. Dec 7/09 Grande Prairie, Alberta man charged with murder of 2-year-old Edmonton Sun – Tanj Marie Dibbelt, was found at her Grande Prairie home suffering from “extensive and critical injuries”. Police have charged Herbie Giroux, age 25, with second-degree murder but did not release details on the nature or cause of the child’s injuries. Friends said Jessica Dibbelt, the child’s mother, and Giroux were in a relationship, although it’s not known if they were still linked at the time of the death. The single mother is distraught at the death of her daughter and declined to talk about the night of the slaying. “She was a very happy little girl” said a neighbour. On Jan 23/10, the Grande Prairie Daily Herald-Tribune reported that Giroux has also been charged with assault and choking with intent. Very little information was given as to the specifics of this charge, but his counsel clarified that it relates to the mother of the deceased child. Dec 6/09 Parliament of World’s Religions urged to support smacking ban the age.com.au – Christine Dodd, Co-ordinator of the Churches Network for Non-Violence tells the Parliament of the Worlds Religions that smacking children should be made illegal throughout the world. She said corporal punishment infringed children’s rights and dignity, taught them that violence was a proper way to solve conflict, was on the same continuum as serious abuse, and was often based on misinterpretations of sacred texts. British missionaries, she said, were responsible for much of the corporal punishment around the world. Her network is active with religious groups in showing them that punishing and humiliating children did not fit core religious values. Dec 5/ 09 Times of Malta editorial advocates corporal punishment ban Times of Malta – Editorial Repercussions of hitting children: A visiting British legal expert says that the “reasonable chastisement” clause allows the fine line between a smack and physical abuse to be easily crossed and that if women are protected from such maltreatment, so too should children. Her arguments are perfectly reasonable. And there are plenty of other compelling ones too: hitting a child only teaches him/her to hit and increases the chances of resorting to violence in later life. If the object is discipline, it doesn’t work or, at least, not as well as other forms of punishment that do not entail physical hurt. It actually erodes respect for parents and it can impair a child’s healthy development. Proponents of a “ban on smacking” are not advocating that parents be prosecuted for minor infractions, indeed quite the opposite. Neither are they saying: Do not discipline your children, as the British expert has been misinterpreted as saying. But they see such a legislative measure as fundamental to provoking a cultural shift away from corporal punishment – unacceptable from a rights perspective – to other methods of discipline. Scorn was poured on the speaker in ensuing reactions to the report that appeared in The Times. But Malta has only one course of action to take and that is eventually to follow in the footsteps of the growing number of countries that have already implemented a ban on corporal punishment in the family; just as it has banned it in schools and outlawed domestic violence in the past. Dec 2/09 Natural Child Project emails MPs urging repeal of S. 43 The excellent email below was sent to MPs, including the PM and Minister of Justice, by Jan Hunt, Director, Natural Child Project: On behalf of all Canadian children who cannot write to you, please support the repeal of S. 43. Children may be small in size, but they are as fully human as we are, and as deserving as we are to be protected from physical and emotional harm, and to have their voices heard. Spanking, like all other forms of punishment, can only bring about temporary and superficially “good” behavior based on threats and fear. As the writer John Holt put it so eloquently, having feelings of love and safety in early life, far from “spoiling” a child, is like “money in the bank”: a fund of trust, self-esteem and inner security they can draw on throughout life’s challenges. Gentle, loving, and respectful guidance is the only truly effective way to help a child to grow and develop to his full potential as a loving and trusting adult. Spanking is unnecessary, harmful, disrespectful, and unfair. Let’s stop doing it! Jan Hunt, M.Sc., Director, Natural Child Project http://www.naturalchild.org Dec 2/09 New Zealand report finds no evidence of unnecessary state intervention The Report to the Minister of Social Development by Peter Hughes, Chief Executive of the Ministry, is mandated by the act that banned corporal punishment and is based on a review of statistical data from NZ Police and Child, Youth and Family. The Report finds no evidence that parents are being subjected to unnecessary state intervention for occasionally lightly smacking their children but notes that the possibility of unnecessary intervention for a light smack cannot be conclusively discounted. Click for Report Dec 1/09 Alberta man charged with manslaughter in death of 2-year-old Sun Media – Kadima Pierre Kakala, charged with manslaughter in connection with the death of 2-year-old Jaden Tshimanga, is denied bail. Paramedics initially responded to what was reported as a bathtub drowning in the Dover, Alberta home Kalala shared with the child and his mother. Jaden died in March of blunt-force trauma but police initially believed the death resulted from drowning. Nov/09 A Theology of Children asks ‘Would Jesus smack a child?’ This booklet, A Theology of Children, is a shorter 2008 version of a paper written by New Zealand minister, Reverend Nove Vailaau in 2005. The 2008 version, published by Barnardos New Zealand and the Royal NZ Plunket Society in 2009, supports the movement to end legal approval of corporal punishment. In its foreword, Bishop Richard Randerson, Wellington, writes that the biblical attitude to children emphasizes a positive, nurturing approach that reflects God’s love, that ‘discipline’ means teaching, not punishment, and reminds us that the text about sparing the rod and spoiling the child is not a quote from the Bible. Click http://www.barnardos.org.nz/home/index.asp. Nov 24/09 Ontario toddler in critical condition after assault Toronto Star – A 19-month-old toddler is in critical condition after being assaulted in his home in Walkerton. Terry Lee Clarkson, 27, is charged with aggravated assault. The child’s mother returned home to find her son in medical distress. No further information is currently available. Nov 19/09 Canadian students among worst in bullying related acts Toronto Star – A new study by Wendy Craig, psychology professor, Queen’s University, in conjunction with the World Health Organization surveyed 200,000 students in 40 countries about their involvement in bullying, either as a bully or person being bullied. The students surveyed were age 11, 13 and 15. Canada and the US were among the countries with the highest level of bullying. It found, for example, that 14% of 11-year-old Canadian boys reported being physically bullied and 30% verbally abused. Some provinces, such as Ontario, have put anti-bullying policies in place but Debra Pepler, PREVNet, says there is little proof that such policies work because they are not sufficiently monitored. In countries with low rates of bullying, such as Sweden, anti-bullying policies are continually evaluated. Nov 20/09 National Child Day: Repeal 43 Committee emails all MPs This year, Canada’s National Child Day celebrates the 20th anniversary of the United Nations Convention on the Rights of the Child. Unfortunately, funds were not available for an Open Letter in newspapers urging MPs to repeal s. 43 and listing Canadian organizations that support repeal. Instead, we emailed a message to all MPs in the Senate and House of Commons. Click for message. Click for Fr version Nov 20/09 Canada files reports to UN Ctee on compliance with UNCRC The federal government files its 3rd and 4th reports on Canada’s compliance with the UN Convention on the Rights of the Child. The reports are made to the UN Committee that monitors the Convention and cover key measures adopted in Canada from Jan/98 to Dec/07. They include measures taken by federal, provincial and territorial governments and are prepared by the federal Dept of Canadian Heritage. Canada’s 3rd report was due Sept/03 and the 4th Jan/09 but both were delayed. For full report, Click http://www.pch.gc.ca/pgm/pdp-hrp/docs/crc-eng.cfm. Paras 63 and 64 of reports deal with s. 43 by saying that the Supreme Court of Canada upheld the constitutionality of s. 43 in 2004, found the section consistent with the Convention, and set guidelines that allow only minor corrective force of a transitory and trifling nature. Without s. 43, the report says any force “falling short of what would be considered corporal punishment” would be a criminal assault and would risk breaking up families and be detrimental to children and, further, that the federal govt supports educational programs that promote non-physical discipline. It refers the UN Committee to a fact sheet on the Dept of Justice website entitled “The Criminal Law and Managing Children’s Behaviour”, which it describes as a plain language explanation of the current law. In its response to Canada’s first report in 1995, the UN Committee recommended that the physical punishment of children in families be prohibited. In response to Canada’s second report in 2003, it expressed “deep concern” that no action had been taken to remove s. 43 and that Canada had not enacted legislation explicitly prohibiting all forms of corporal punishment. We expect it will have a similar response to Canada’s current reports. NGOs may provide written information to the UN Committee on the Rights of the Child, Office of the UN High Commissioner for Human Rights, Palais des Nations, CH-1211, Geneva 10, Switzerland. Nov 20/09 UNICEF president stresses need for Children’s Commissioner Ottawa Citizen - Nigel Fisher, CEO and president, UNICEF Canada, stresses the need for a national commissioner for children, writing that at the federal level there is no one with the responsibility to bring together information and analysis on their status and needs. In a press release, UNICEF Canada reports that an estimated 120,000 children and youth are in the child welfare and justice systems - among the highest rate in industrialized countries – and that approximately 14 per cent of children and young people under 20 years have a mental illness but only one in five receives treatment. Nov 20/09 Globe and Mail editorial supports call for Children’s Commissioner Globe and Mail editorial - The way forward for the next generation of Canadians may well be a private member's bill, C-418, brought forward in June by the MP Marc Garneau. It calls for the establishment of a National Children's Commissioner. Like the auditor-general or the privacy commissioner, the appointed person would act as a watchdog, in this case working for government accountability on children's rights. This commissioner would also bring more co-ordination and focus to an extremely complex task, enabling Canada to implement the articles of the convention in a way that would genuinely change children's lives. See June 11/09 news item for copy of C-418. Nov 19/09 New trial in Toronto beating death of 2 -year-old Emmily Lucas Toronto Star – The trial of Erika Mendieta, accused of second-degree murder in the 2003 death of her 34-month-old daughter, Emmily Lucas, ended Nov 13/09 when the jury could not reach a unanimous verdict. Emmily had been taken to hospital by her mother with bruises and abrasions all over her body, face and head and died 10 days later of a severe brain injury. Emmily was small for her age, still in diapers, missed her aunt and cried frequently. The mother attributed the death to her failure to take Emilly to hospital after a fall down stairs. The Crown will continue the prosecution of Mendieta and a new trial is scheduled for Oct 25, 2010. (See Aug 13/04 for our first note on case.) Reports from the Toronto Star since the trial began on Oct 21 give the following background: The mother was living with a boyfriend and 5 of her other children. Emmily, however, had lived with a paternal aunt since birth. At the mother’s request, the aunt had left Emmily with her mother for a temporary visit about 4 months prior to her death. When the mother refused to return Emmily, the aunt applied to family court for custody but because of the unavailability of a judge, the hearing was delayed. It would have been held 10 days after Emmily was taken to hospital. Both Crown and defence agreed that only the mother or boyfriend could have caused the child’s injuries. The mother admitted she regularly ‘disciplined’ Emmily by hitting with the hand or slipper. The boyfriend testified under the protection of the Canada Evidence Act that he, not Mendieta, had administered the blows that resulted in the child’s death. Because of this protection, he cannot be charged with the offence. Comment: The mother ‘disciplined’ Emmily by hitting and spanking, saying she ‘knew her limits’. People who believe that such discipline has nothing to do with abuse are either unaware of or choose to ignore Canadian research showing that most child abuse in fact begins with such disciplinary hitting and spanking. This research is noted on the Research chapter of our website. If still unconvinced, perhaps this and other cases in which children have been ‘disciplined’ to death will bring home the reality of this link. Nov 18/09 Pro-spankers parade in New Zealand but govt stands firm on ban NZ Herald News - In his article ‘Mob rule no substitute for democracy’, reporter Brian Rudman writes that thankfully, Prime Minister John Key and his Labour opponents are staying firm in their support of the anti-smacking legislation they jointly supported in 2007. Despite the populist hysteria whipped up by the pro-beaters, he writes, they backed the bill removing the anomaly from the law books that allowed parents to do to their children something that would have resulted in assault charges if they had done it to each other, or to another adult. How humiliating, he adds, to live in a country where $500,000 is being spent encouraging people to march demanding the right to beat their kids. “Instead of parading and waving their wooden spoons and looking for bottoms to belt, the organizer who bankrolled this crassly named March for Democracy, and his supporters should be holding a candle for each abused child. Tragically, the turnout would have to be massive to achieve that.” Nov 18/09 Luxembourg confirms new law banning corporal punishment During debate on a new Children and Family law passed in Dec/08 prohibiting all physical violence and inhuman and degrading treatment within families and educational communities, it was argued that this new law was not needed because criminal law against assault in Luxembourg applies to all and does not include any special defence allowing corporal punishment of children. But MPs passed the new law, referring to the Council of Europe’s recommendation to do so. A recent review of the law confirms that it prohibits all corporal punishment, however light, including by parents. This confirmation makes Luxembourg the 26th country to expressly prohibit all and any corporal punishment of children. Nov 17/09 B.C. man charged with murder of 2-year-old stepdaughter Canwest News Service - The second-degree murder trial of a man accused of killing his step-daughter has begun in BC Supreme Court. A few days before Christmas in 2005, 2- year-old Isabel Rain-Ayala was taken to hospital, her lips blue and her stomach bloated. The crown says her stepfather, David Carl Sunshine, repeatedly beat her and burned her with a cigarette lighter because he didn't like her biological father. A pathologist is expected to testify the little girl bled to death when a vein in her abdomen ruptured. The crown says Sunshine confessed to an undercover officer that he beat the girl over a number of months and hit her in the stomach the night of the murder. He told them he would either wrap his hand with a towel or put a pillow over the girl to avoid causing bruising. Nov 15/09 Assembly member calls for corporal punishment ban in France Canadian Press - National Assembly member and pediatrician Edwige Antier asks France’s National Assembly to ban corporal punishment, including spanking. After 38 years of medical practice, she says children who have never been smacked are better behaved, listen more to adults and are more respectful of their authority. Dr. Antier is a member of President Nicolas Sarkozy's conservative party. Her comments are published in Le Parisien newspaper. Nov 11/09 How much progress since notorious ‘Baby P’ death in UK? The Guardian - Campaigners at London's Parliament Square delivered a petition to 10 Downing Street a year ago calling for urgent, far reaching changes to the child protection system because of the notorious death of Baby P. (See May 29/09 news item.) They tell The Guardian there has been an increase in referrals and the public's awareness of child abuse has heightened. But even with this awareness people still say that social workers take children away and destroy families. Many are leaving the profession because they feel overworked and underpaid and spend more time sitting in front of the computer rather than out with families. There is still a huge employee turnover. Campaigners say there is now a serious debate about the extent to which workers may be trying too hard to fix the worst families. Neglect of a child cannot be allowed to descend into abuse before a child is removed. Some say this view is "simplistic" and fails to balance the rights of the child with the rights of the parents. In law, there is no such balance. All that matters is what is best for the child. It needs to be recognized by the public and government that child maltreatment is rarely a one-off event, but describes a chronic, often ongoing serious problem for children's health and development. Click http://m.guardian.co.uk/?id=102202&story=http://www.guardian.co.uk/society/2009/nov/11/baby-p-vox-pops Nov/09 Senate Bill S-209 on committee order paper but no hearings yet Senator Hervieux-Payette’s private member’s bill to repeal s. 43, as amended by the Senate in June/08, is on the Legal and Constitutional Affairs Committee’s orders of reference, but as government bills take precedence over private member’s bills, a number of these must be dealt with before hearings can begin on S-209. Nov 1/09 Lethbridge, Alberta students charged with assault for hazing Lethbridge Herald - Eight Lethbridge high school students are charged with assault with a weapon stemming from the incident Sept. 9 when a group of first-year high school boys were taken into an alley and paddled by the older boys. Later, a homemade paddle with nails sticking out of it was seized. The Lethbridge youth advisory council will make a presentation to city council affirming that this behaviour is intolerable and inconsistent with building a safe community and school environment. On Oct 1, the Edmonton Journal reported that there have been several similar incidents across the province this fall. Oct 30/09 Children need a national commissioner to champion their rights Winnipeg Free Press – Brian Howe, Director, Children's Rights Centre, Cape Breton University, writes that Sir Alan Aynsley-Green, Children's Commissioner for England, is speaking to MPs on the virtues of a national children's commissioner. Former astronaut and current MP Marc Garneau’s private member's bill calls for a national Children's Commissioner for Canada that would monitor government and champion the voices and rights of children. His bill deserves serious consideration, Howe writes, as children - a quarter of Canada's population - need an agency to defend and promote their rights. The UN Committee on the Rights of the Child has urged Canada to establish such a commissioner, as has the Senate Committee on Human Rights. Oct 16/09 Is slapping a student corporal punishment? Sun Media –A teacher in Barrie, Ontario slaps a student for chewing gum and is charged with assault. Both police and a professor at the University of Toronto's Ontario Institute for Studies in Education decline to call the slap ‘corporal punishment’. "This isn't corporal punishment in the legal sense because corporal punishment is illegal in Ontario”, said the professor. The teacher was reassigned and is not in the classroom or working with students. The school board spokesperson refused to speculate on what would happen if the teacher were found guilty. Oct 16/09 Spanking risks children's well-being and should be illegal The StarPhoenix (Saskatoon) – Prompted by a "What do you think?" survey from a Conservative MP, George Georget checks off "Yes" to the statement: "I agree with Michael Ignatieff's Liberal senator -- all spankings should be illegal." He writes that MP Kelly Block should challenge herself, her party and our government to reconsider what is much more important - the well-being of our children or the risk of this being lost in this politically charged question. See his article under Articles/Letters. Oct 15/09 Sask MP wrong on spanking and wrong on Sweden The Star Phoenix - Ailsa Watkinson, social work professor, University of Saskatchewan, writes that a 2003 Canadian study found that 75 per cent of incidents that meet the definition of child abuse have been attributed to parental discipline that escalated from physical punishment. That same year 59 Canadian children under the age of 18 were killed, 31 of them by a family member. Without a doubt, she writes, the culture of acceptance that surrounds physical punishment of children contributes to these numbers, adding that research has shown that even mild to moderate forms of physical punishment have serious long-term effects, including disrupted child cognitive and mental development, increased depression and aggressive tendencies. Since the ban was passed in Sweden, youth involvement in crime has decreased, as have youth suicide and drug use. See her article under Articles/Letters. Oct 15/09 Couple appeal conviction in murder of 5-year-old Phoenix Sinclair Globe and Mail – Three Manitoba Court of Appeal judges reserve their decision in the appeal of the child’s mother, Samantha Kematch, and her boyfriend, Karl McKay, from their conviction and life sentence for first-degree murder in the beating death of 5-year-old Phoenix in June/05 on the Fish River reserve north of Winnipeg. The Court is asked to reduce the conviction to second- degree murder. (See March 15/06 news item.) Background from Toronto Star Oct 14 reports that Phoenix had been beaten, choked and shot at with a BB gun over a period of months after being returned to her mother. Previously she had been in foster care for much of her life. She was found dead on an unheated, filthy basement floor after a final assault and had suffered innumerable broken bones. Somehow her death was undetected for 9 months. The issue before the court was whether the child had been forcibly confined to the basement, as a slaying while forcibly confined elevates the crime to first- decree murder. Oct 8/09 Sweden marks 30th anniversary of ban on spanking CBC: The Current – Anna Maria Tremonti interviews Ruby Harrold-Claesson, founder, The Nordic Committee for Human Rights and Marvin Bernstein, Saskatchewan Children's Advocate. Harrold-Claesson says Sweden's smacking ban has produced "badly behaved" children and that any parent who smacks a child faces prosecution and the child can be taken away. She has represented parents who have had their children taken because of what they felt was reasonable discipline. Bernstein countered with the arguments against hittting he made in the Oct 6 Star Phoenix article summarized below. Comment: Ruby Harrold-Claesson’s human rights organization describes itself as being “For the protection of Family Rights in the Nordic countries”. She is not a member of the Swedish Law Society, although described as attorney-at-law, and says she does not belong because she cannot pay the fees. Her comments on corporal punishment do not appear to be supported by research and are simply anecdotal. She is from Jamaica but married to a Swede and lives in Sweden. Perhaps her views are influenced by the strong tradition of corporal punishment in Jamaica. Oct 6/09 Sask Children's Advocate says hitting children should be outlawed Star Phoenix – Saskatchewan Children's Advocate, Marvin Bernstein, is a non-political appointee looking out for the interests of the province's children. He believes Canada should outlaw hitting children. Calling Canadian law "archaic" and out of step with other industrialized nations, Bernstein says the law allows children age 2 to 12 to be legally assaulted and goes on to say that people think spanking is not a problem - but ‘spanking’ is a euphemism for hitting and has harmful effects. Spanking that often begins as well-meaning discipline too easily escalates into physical abuse. Being hit, for a young child is a traumatic experience that causes stress, disrupts cognitive skills and impedes learning. It's important to distinguish between spanking and discipline, he says. Spanking isn't discipline because it doesn't teach the child anything except fear of being hit again. Oct 6/09 Calgary father charged in death of 2-month old son CBC News - A Calgary father, Jamie Allen Dorey, 29, is charged with manslaughter in the death of his two-month-old son, Bryson Dorey-Fox. The baby, born prematurely, died as the result of blunt force trauma on Aug. 3, two days after his mother drove him to hospital with serious injuries. Police ruled out family claims that the baby's deadly injuries were caused by their dog. In an Oct 7 Calgary Sun report, the baby’s mother said that police are wrongfully accusing the father and that the hospital is responsible for the baby 's death. In an obituary, Bryson was called "Daddy's handsome little man" and the "light of everyone's eyes," including his parents and an older brother and sister and that he “was called home by our Father the Creator on August 3, 2009 at the age of 2 months.” Oct 6/09 MP favours spanking and asks constituents to fight Senate bill The Star Phoenix – Saskatoon-Rosetown-Biggar Conservative MP Kelly Block calls spanking a "traditional punishment" and is asking her constituents to help her fight a Senate bill that she says “is designed to make moms and dads into criminals” for using the traditional punishment of spanking. Block did not return multiple interview requests seeking comment. Oct 6/09 Conservative Sask MP supports hitting as "traditional punishment” Star Phoenix, Saskatoon: editorial: MP must clarify spanking stance – Hot on the heels of another scientific study about the deleterious effects of spanking, a reclusive MP issues an inflammatory and misleading flyer to her constituents. Saskatoon-Rosetown-Biggar MP Kelly Block has entered the debate squarely on the side of corporal punishment. To seem clearly to be advocating the use of force without defining its limits, such as Ms. Block's mail-out does, is particularly disturbing. Without some clarification on her part, it could be seen as advocating a form of discipline for which there is not one iota of scientific data to indicate it is anything but destructive. Almost as disconcerting as Ms. Block’s ambiguous position on what level of physical force she is willing to tolerate when it comes to disciplining children was Liberal MP Ralph Goodale's casual disregard for the issue. As Saskatchewan Children's Advocate Marvin Bernstein pointed out in an interview with The SP, the body of scientific evidence grows every year demonstrating that to hit children increases the likelihood of injury, mental health problems, anti-social behaviour, bullying and copied violence when these kids become adults. (The Regina Leader-Post republished the editorial Oct 9.) Oct 5/09 Globe says spanking stupid in light of evidence against it Globe and Mail editorial: Passing on a dim-witted legacy – Only stupid parents still spank their children in light of so much evidence that it’s harmful, say the editors, and cite a recent study by Murray Straus, University of New Hampshire as an example. (See Sept 28 item for information on Straus study.) Even so, it would be wrong to criminalize all corporal punishment, as some children’s advocates urge “as the evidence against spanking does not rise to the level of scientific certainty of severe harm by which the state can assume the right to interfere in private family disciplinary decisions.” But although the evidence is not definitive, there is enough to say that corporal punishment is probably harmful to most children. Comment: The Globe editorial is right in calling on parents to stop spanking but parents who spank aren’t necessarily stupid. Many are intelligent but unaware of research on the harm of spanking, or that alternatives exist and can be readily learned, or are simply carrying on an unnecessary and harmful tradition from their own childhoods that is still justified by s. 43 of the Code. But on the issue of ending s. 43, it is wrong. Firstly, referring to ‘criminalization’ suggests to readers that repealing s. 43 will result in criminal prosecution for any and all spanking. This is not how the criminal justice system works. Prosecutorial discretion, guidelines, and the de minimis rule all work against inappropriate prosecutions. Secondly, since when has it been necessary to establish “scientific certainty of severe harm” before conduct is made criminal? Common assault of an adult is a criminal offence. Has it been ‘scientifically proven’ to cause ‘severe harm’? If this is the criterion, then only assault causing grievous bodily harm should be ‘criminalized’. The editorial is calling for an impossibly higher standard for protecting children and respecting their basic right to physical integrity than exists for adults. Lastly, the decision to assault a child is not a ‘private’ decision that should escape legal scrutiny any more than should the decision to assault a spouse or an elderly parent. Sept 30/09 Mother and child ordered off BC bus because child crying Cowichan Valley Citizen: editorial Growing Intolerant – Andrea Rondeau, editor of this Vancouver Island newspaper, protests about a mother and child being ordered off the bus because the toddler was crying and about the reaction of the driver and passengers. See Articles/Letters for editorial. Sept 28/09 Murray Straus study finds spanking may lower a child’s IQ Montreal Gazette –A study by Professor Murray Straus, (referred to in the Oct 5 Globe editorial) University of New Hampshire, and one of North America’s foremost child psychology experts, finds that corporal punishment slows the development of mental ability, particularly in younger children age 2 to 6. Corporal punishment was defined for the study as hitting a child, usually on the buttocks, at least 3 times a week. David Day, associate psychology professor at Ryerson University, Toronto, studies aggression and anti-social behaviour in children and youth. He agreed that spanking doesn't promote cognitive development or language and problem-solving abilities in children and is very frightening for a child because at a young age, they don’t have the ability to deal with stress and are afraid of being hit. “It really has long-term consequences for children" he said. The study was presented Oct 2 at the International Conference on Violence, Abuse and Trauma in San Diego but has not yet been published. Sept 18/09 Parents in horrific abuse case ask for new trial Toronto Star – The stepmother and father of 7-year-old Randal Dooley, convicted in 2002 of 2nd degree murder in Randal’s death from horrific beatings, appeal their convictions and ask for a new trial. Comment: In an article written for the Globe and Mail in 2002, (see link at top of chapter), I reminded readers that the father told police he had "flogged" Randall a month earlier for vomiting and soiling himself, but told Randal he loved him, and explained that he had to teach him a lesson. "I was brought up believing that if you spare the rod, you spoil the child". Did the father's belief in corporal punishment contribute to Randal's death, and does this belief contribute to the over 42,000 cases of physical abuse in Canada each year? Parents who spank more likely to use harsher punishment - Reducing spanking may help reduce physical child abuse HealthDay – (This article was published Aug 27/08 and recently came to our attention) Researchers at the University of North Carolina, Chapel Hill, conducted an anonymous telephone survey of 1,435 mothers in North Carolina and South Carolina in 2002 and found that 45 percent of the mothers reported they or their partners had spanked their children in the previous 12 months, 25 percent reported spanking with an object on the buttocks and 4 percent reported using harsher forms of punishment. Although some surveys show evidence of a modest decline in spanking over the last 30 years, recent surveys show that up to 90 percent of children between the ages of 3 and 5 years are spanked by their parents at least occasionally. Researchers concluded that parents who report spanking children with an object and parents who frequently spank children are much more likely to report other harsh punishment acts consistent with physical abuse. Efforts to reduce spanking through media, educational and legislative means may help reduce physical child abuse, Dr. Zolotor, lead researcher, and his colleagues concluded. See Research chapter for more information. Sept 15/09 Spanking leads to aggression and lower cognitive development Science Blog – In a study funded by the National Institute of Mental Health, Researchers at Duke University and the Universities of Missouri-Columbia, South Carolina, Columbia, Harvard University, and North Carolina at Chapel Hill finds that spanking 1-year-olds leads to more aggressive behaviors and less sophisticated cognitive development in the next two years. Verbal punishment is not associated with such effects, especially when it is accompanied by emotional support from mothers. The study found that African American children were spanked and verbally punished significantly more than the other children in the study. See Research chapter for more information. Sept 12/09 Ontario teens charged in school hazing of grade 9 students Globe and Mail editorial: The tradition that must die – On their first day at M.M. Robinson High School, 5 Burlington grade 9 student are set on by a group of grade 11 and 12 students armed with wooden paddles. They were beaten and bruised in what one student described as a ‘long-standing’ hazing tradition at this suburban school of 1600 students. The students are facing charges of assault with a weapon and police say they will lay criminal charges in future incidents. The editors write that this hazing is a degrading, humiliating tradition that has to end. “Personal autonomy and dignity are also traditions in Canada. More than traditions. The law is there to protect them from those who cite specious reasons for harming others.” Comment: The same reasoning can of course be applied to another long-standing tradition – that of hitting children in the name of ‘discipline’. Sept 3/09 Globe views research on toddler depression with ‘bemusement’ Globe and Mail editorial: Truth about Tantrums – Researchers from the Universities of Montreal, Laval, McGill and Carnegie-Mellon, Pittsburgh find that 15% of preschoolers in Quebec suffer from atypically high levels of depression and anxiety. They interviewed mothers over a 5-year period and reported their research in the Journal of Child Psychology and Psychiatry. The Globe editors express ‘bemusement’ with the study, saying until we have a clear picture of what is meant by depression, we should probably leave toddlers to their tantrums and find other ways to practice preventive medicine. See Research chapter for link to study. Comment: Two letters published in the Globe take issue with the editors for their jocular tone and for mocking the problem of depressed toddlers. See Articles/Letters 2009. Sept 4/09 Alberta school hazing and parental silence perpetuates violence Edmonton Journal editorial: Speak out against bullying – In school hazings at Alberta high schools in Sedgewick and St. Albert, grade 10 students were beaten with belts, hockey sticks and bats by older students at a bush party marking the start of the school year. Neither students nor parents would make a formal complaint to police or assist in the investigation for fear of retribution. While understandable, says the editorial, this fear is misplaced. This silence perpetuates violence by labeling it a rite of passage in which the victims ultimately become the abusers. Violent hazing is not a harmless bonding ritual, but a crime. Sept 1/09 Ontario man charged with assault for spanking 9-year-old son CBC News – A witness reported to police that the boy was grabbed by the throat and spanked with excessive force by the father. The incident happened in the town of Renfrew, near Ottawa. Family and Children services were involved in the police investigation. The 1892 section 43 of the Criminal Code provides a defence where parents and parent substitutes use reasonable force to discipline children by corporal punishment. Aug 26/09 World Congress calls for end to corporal punishment At a conference on Family Law and Children's Rights in Halifax, a resolution was passed calling on all nations to undertake initiatives, including legislative action, to promote positive parenting skills and move toward the elimination of corporal punishment of children by parents and institutions. 2009 is the 20th Anniversary of UN Convention on the Rights of the Child On the 20th anniversary of the adoption by the UN general Assembly, the Chief of the Gender and Rights Unit of UNICEF’s Policy and Practice Division, says the Convention on the Rights of the Child represents a major milestone in the historic effort to achieve a world fit for children. As a binding treaty of international law, it codifies principles that Member States of the United Nations agreed to be universal – for all children, in all countries and cultures, at all times and without exception, simply through the fact of their being born into the human family. The Convention, he says, demands a revolution that places children at the heart of human development – not only because this offers a strong return on our investment (although it does) nor because the vulnerability of childhood calls upon our compassion (although it should), but rather for a more fundamental reason: because it is their right. Aug 25/09 Final result of citizen initiated referendum on smacking ban New Zealand Ministry of Justice - The final result of the referendum is that 56% of eligible voters voted, 87% of whom responded No and 12% Yes. See International Developments, New Zealand for more information on referendum. Aug 21/09 NZ referendum results not likely to change anti-smacking law BBC News – The referendum question was "Should a smack as part of good parental correction be a criminal offence in New Zealand?" Based on preliminary results, 54% of the voting population took part in the referendum, with nearly 90% responding “No”. Critics of the referendum, including the prime minister, said the question was loaded and ambiguous. The referendum is non-binding, and Prime Minister John Key has said he will not change the existing law but would put forth some proposals “to give parents added comfort that the law is working." The ban on smacking was brought in two years ago to lower the country's high rate of child abuse: the third-worst of OECD countries. The referendum provoked heated debate and the postal vote - at a cost of $6.1m - is considered by many to have been a waste of time and money. Aug 17/09 Corporal punishment contributes to right-wing paranoia Huffington Post – Stephen Ducat writes that not only does a right wing ideology justify and facilitate spanking, it also helps to create future right wing ideologues full of fury, vengeance, and a sense that a malevolent authority whose responsibility is to care for them is really out to humiliate, hurt and destroy them. Ducat cites a passage in a book by Michael Savage, whom Ducat describes as the bigoted, shrieking rage-monger of ultra-conservative talk radio. Savage wrote about his childhood: "Things were tough every day of our lives. And we made the best of it. Frankly, that's why I'm driven the way I am. I was raised on neglect, anger, and hate. I was raised the old-fashioned way." Aug 12/09 Mainstream New Zealand churches back smacking ban New Zealand Herald - The heads of the Anglican and Methodist churches say the current law, which bans the use of force against children for "correction", is working well and should not be changed. The Catholic Church aid agency, Caritas recommended a "Yes" vote on the basis that the current law was close to the compromise that bishops sought in 2007. "The Catholic bishops have clearly recognized in several statements now the importance of facing up to our responsibility to better protect children," said a Caritas spokeswoman. Aug 10/09 Disabled students in US schools paddled more than others New York Times – More than 200,000 US schoolchildren are subjected to physical punishment each year according to a study by Human Rights Watch and the American Civil Liberties Union and 19% of these are students with disabilities. “Corporal punishment is just not an effective method of punishment, especially for disabled children, who may not even understand why they’re being hit,” said Alice Farmer, who wrote the report. Aug 7/09 American Psychological Ass’n says no to corporal punishment Scientific American blog - The results of a 5-year effort to review the scientific literature by a task force appointed by the American Psychological Association concludes that parents should reduce and potentially eliminate use of any physical punishment as a disciplinary measure. The 15 task force experts in child development and psychology found correlations between physical punishment and an increase in childhood anxiety and depression, and an increase in behavioral problems including aggression, and impaired cognitive development. The task force was not unanimous in its conclusions, however, with psychologist Robert E. Larzelere arguing that the research is flawed. But the majority are firm in its recommendation against corporal punishment. The APA is reviewing the majority and minority positions and will issue its official recommendation at a later date. July 21/09 High rate of infant spanking by low-income US mothers Health 24.com - Researchers at the Jefferson Paediatrics/duPont Children's Health Programme in Philadelphia find that among a group of 1,265 mostly black, single, low-income mothers of infants up to 11 months old, 19% said they "valued" corporal punishment as a means of discipline and 14% reported spanking their infants. Further, mothers who suffered physical abuse or other violent experiences in childhood are much more likely to spank their infants than those who did not. The lead researcher, Dr Esther K. Chung, encouraged healthcare providers to ask pregnant women or new parents about their childhood experiences and their attitudes about spanking. See Research chapter for more information. July 27/09 Ontario woman charged with assault at her home daycare Toronto Star – A 38-year-old woman is charged with aggravated assault for breaking a child’s leg at her home daycare in Port Perry. The alleged assault occurred in 2006. She is also charged with failing to provide the necessities of life to a person in her care. July 30/09 Hitting kids should be banned ‘under any circumstances’ The Canadian Jewish News – The annual fast day commemorating the destruction of the First and Second Temples in Jerusalem was the occasion for a number of rabbis to urge their congregations not to hit children. Among them, Rabbi Mark Dratch, founder of the Jewish Institute Supporting an Abuse-Free Environment, said that historically there was an assumption that hitting a child was an appropriate form of discipline. But, he said, the proverbial rod referred to in Proverbs and invoked by some as a justification for hitting children may be a metaphor for proper education and discipline, and not a literal tool. July 31/09 US committee urges examination of school seclusion and restraint After hearings by the Education and Labor Committee of the US House of Representatives in May, the US Secretary of Education writes all chief state school officers saying he is deeply troubled by the testimony given to the committee showing that some seclusion/restraint techniques used on students were abusive and potentially deadly. He referenced his home state of Illinois as having regulations limiting the use of seclusion and restraint and promoting a Positive Behavior Intervention and Supports policy that trains staff in minimizing problem behavior. June 26/09 Child abuse victims more likely to develop cancer Globe and Mail – A new University of Toronto study finds that people who were physically abused as children are 49% more likely to develop cancer as adults. Using survey results from 13,000 people in Saskatchewan and Manitoba and adjusting for other causes of cancer, the researchers were surprised to see that the association between abuse and cancer did not disappear. A possible explanation for the link is that abused children are more prone to abnormal levels of cortisol, the hormone that helps to deal with stressful situations. The study is published in the July 15/09 issue of the American Cancer Society journal Cancer. See Research chapter for more information. June 22/09  Amended  Bill S-209 to be studied again by Senate Committee Senator Hervieux-Payette’s bill to repeal s. 43 as amended by the Senate in June/08 was reintroduced in Jan/09 when parliament resumed after being prorogued in Dec/08. On second reading today the bill is again referred to the Senate Standing Committee on Legal and Constitutional Affairs for study after Senator Sharon Carstairs speaks in support. She said Senator Wallace was correct when he said that changes made to the bill by thee 2008 committee were not seen by previous witnesses and that perhaps they could be heard when the bill goes to committee this time round. Click for Sen. Carstairs speech. June/09  Differing interpretations of S. 43 in some recent decisions Who is a ‘parent’ for the purposes of s. 43? How is parental authority delegated? Does anger prevent s. 43 from being a successful defence? Is a ‘push’ to the head or stuffing and taping a sock in a child’s mouth ‘reasonable’ under s. 43? What is ‘corporal punishment? Is there a common law defence apart from s. 43? See The Law chapter, Judicial Interpretation of Supreme Court of Canada Decision for some recent judicial decisions on these and other questions. June 16/09  Voting on New Zealand referendum on corporal punishment ban Dompost.co.nz - The citizen initiated non-binding referendum asks: ''Should a smack as part of good parental correction be a criminal offence in New Zealand?'' It will be voted on between July 31 and Aug 31. New Zealand’s PM says the question "could have been written by Dr Seuss - this isn't Green Eggs and Ham, this is yes means no and no means yes, but we're all meant to understand what the referendum means. I think it's ridiculous myself." He said he is satisfied the law is working and that stricter rules may be necessary for future referenda questions. Labour leader, Phil Goff, said the question was badly worded and “absolutely” the wrong question. The leader of the Maori Party said the referendum was a waste of money and its $9 million cost could have instead been spent on helping families. See International Developments chapter, New Zealand for information on the 2007 law and subsequent developments. June 15/09  Montreal father charged with murder in death of baby son Toronto Star – Mohamed Larmine Keita, 40, is charged with premeditated murder of his 11-month-old son. The child died earlier in June. No other information is given. June 12&13/09  BC teen charged with murder in death of toddler Globe and Mail – 21-month-old Jor-el Macnamara’s open-casket funeral in New Hazelton, north of Vancouver, showed huge bruises on his face. He died June 3 while in care of his aunt who was also raising a teenage son. Jor-el had been removed from his home and placed with the aunt by joint decision of the BC Ministry for Children and the band council of a first nations agency. A youth advocate and others in the community said they had told the ministry the child was in danger but nothing was done. The death is being compared to that of Sherry Charlie, a toddler who was placed with her uncle under the province’s ‘kith and kin’ program and killed by him shortly thereafter. Her death led to government promises to make significant changes in its approach to child protection. See our Aug 15/Nov 9/05 & Feb 18/06 News items for more information on the Sherry Charlie death. June 11/09 MP Marc Garneau introduces bill for Children’s Commissioner Marc Garneau, Liberal MP for Westmount-Ville-Marie, introduces a Private Member’s Bill, C-418 to establish a national Children’s Commissioner to ensure government implementation of Canada’s obligations under the UN Convention of the Rights of the Child and to advance the principle that children are entitled to special safeguards, including appropriate legal protection. Click for Bill. June 9/09   Senator John Wallace speaks against amended Bill S-209 Senator Wallace (C. New Brunswick) speaks against the bill on the grounds that the 2004 Supreme Court decision gives sufficient protection to children, parents and teachers and that if the public does not understand the law on s. 43, more public awareness should be created. He said the changes made to the bill were not seen by witnesses at the previous committee hearings and that perhaps this can be done when the bill is studied this time. See Senate Bills to Repeal S. 43 chapter for other information. June/09  Council of Europe "Raise your hand against smacking" campaign The CE campaign package against corporal punishment of children: "Raise your hand against smacking", contains a mix of publications addressed to different target audiences. The package suggests 3 approaches to successfully challenge corporal punishment – awareness raising, legal and policy reform and offers parents alternatives to violence in the form of positive parenting. Its 2008 “Off the Books!” brochure is particularly useful. Click ‘Raise your hand against smacking’ for link to ‘Off the Books!’  Three other brochures give brief definitions, reasons, and steps to take to support reform. Click for 3 brochures. June 7/09  Violent school corporal punishment continues in India The Hindu, Delhi, on line – Although the Supreme Court of India banned corporal punishment in 2000 when it directed States to provide education in an environment free from fear and ensure that children were not subjected to corporal punishment, reports of violence in the form of corporal punishment continue to pour in from schools across the country. The National Commission for Protection of Child Rights has written States requiring them to take action to prevent corporal punishment. June 5/09  Edmonton foster mother jailed 3 years for death of 3-year-old Toronto Star –  The foster mother was convicted of manslaughter in 2008 for the death of a 3-year-old boy in her care. The sentence was greeted with outrage by the child’s birth father and the detective who investigated case. The detective also criticized Alberta child welfare laws that prevent media from publishing the woman’s name. See our Dec 1& June 11/08 News item for circumstances of death and other information. May 29 & 15/09  UK ‘Baby P’ killers jailed and more children now in care Guardian Weekly – The mother in this horrendous British case is jailed indefinitely for causing or allowing her son’s death at the hands of a boyfriend and a lodger. She will serve at least 5 years, the boyfriend 12 years, and the lodger an indeterminate time in jail, with a minimum of 3 years. Because of a public outcry against the government’s woefully ineffective policies to protect children, policies were changed and as a result, there has been a surge in the number of children taken into care. See our Dec 21/08 News item on public demand for changes in handling such cases. On May 21, the Guardian reports that there was probably sufficient evidence to remove Baby P before he was brutally killed. This contradicts the legal advice given to social workers when the child was on the ‘at risk’ register that the threshold needed to trigger an application to take him into care had not been reached. On May 8, the Guardian reports that the boyfriend (described as the stepfather of Baby P) was also found guilty of raping a 2-year-old girl who, like Baby P, was also on the council’s at-risk register. The child, at the age of 4, gave evidence of the rape by video link to a police interview taken at age 3. She is the youngest person ever to give evidence at an Old Bailey trial. On June 5-11, the Guardian reports that the Attorney General will ask the Court of Appeal to increase sentences handed down to in Baby P case after child welfare organizations and the public complained that they were too short. May 28/09  Ontario formally bans corporal punishment in public schools Ontario Minister of Education, Kathleen Wynne, advises that regulations under the Education Act have been amended to eliminate any ambiguity about the use of corporal punishment in publicly-funded Ontario schools. Regulation 298 of the Act now states that corporal punishment is not authorized and pupils are not required to accept such punishment. Various individuals and organizations, including the Repeal 43 Committee, wrote the Minister requesting this change. Our Committee first wrote former ministers in 1994 and 2005 and Minister Wynne in 2008. We welcome the minister’s response and also wish to acknowledge the efforts of Dr. Bette Stephenson to ban school corporal punishment when Minister of Education in 1981. Her views were opposed by the Ontario Teachers Fdn. and Public School Trustees Assn. and were rejected by the government. Manitoba and Alberta are now the only remaining provinces that have not amended their education acts to bring them into conformity with the 2004 Supreme Court decision that ended s. 43 as a defence to hitting schoolchildren as a means of discipline. May 23/09  No charge against school aide for cutting boy’s hair Globe and Mail – A teacher’s aide at a Thunder Bay public school stood a 7-year-old boy on a chair and cut his hair bangs by 10 centimeters because she thought he was having trouble seeing. The boy wears long hair as part of his native heritage. His family complained that this constituted assault and a filed a report with police. However, no charge was laid as Crown prosecutor believed there was little chance of a successful prosecution, and further, that prosecution was not in the public interest because it would ‘re-victimize’ the boy. Comment: As in the May 14 racial insult case noted below, these are standard criteria that must be met before launching a prosecution. Opponents of repealing s. 43 ignore these criteria when they claim that minor slaps by a parent will be prosecuted. May 21/09  Irish children ‘lived in terror’ in catholic schools/orphanages Toronto Star – A 9-year govt investigation into child abuse in more than 250 church-run institutions finds that children lived in a climate of fear created by pervasive and excessive physical punishment, including beatings, rapes and humiliation. This abuse took place mainly in institutions run by the Sisters of Mercy for girls and those run by the Christian Brothers for boys. The report sharply criticized the Dept of Education for allowing these abuses to continue for decades. CNN news noted that the Irish Catholic Bishops' Conference declined to comment on the report. The Week Magazine (June 5) quotes some commentators as saying everyone in Ireland “knew these institutions were grim places,” but didn’t want to know just how grim they were. Others responded that the church wasn’t the only organization that used corporal punishment and that ‘virtually everyone believed in not sparing the rod’. The Independent  (June 21) has an opinion piece by a leading campaigner for the abolition of corporal punishment in Ireland in which he calls the above assertion a lie and writes that Irish lay people acted and demanded, and finally in 1982, forced authorities to end corporal punishment in Irish schools. In 1969, he writes, he placed an ad in national papers inviting people who wanted corporal punishment banned and received thousands of positive responses. The Irish people demanded on a massive scale that corporal punishment be banned from all schools and have reason to be proud of what they achieved. May 19/09   US govt finds wide abuse of seclusion and restraint in schools The U.S. Government Accountability Office reports on the first government investigation into schools’ use of seclusion and restraint. Rep. George Miller (D-Ca), Chair, House Education and Labor Committee requested the investigation. Seclusion is the term used to mean the involuntarily confining of a student in an area by himself. Restraint is the restriction of movement. The report examined 10 cases in detail; 4 of which were fatal. The report found these practices were used disproportionately on children with disabilities. May 14/09  Assault charge dropped against schoolboy in racial insult case Globe and Mail – A charge of assault causing bodily harm against a 5’ 2” grade-9 Toronto student who punched a fellow-student in the mouth for a racial insult is dropped after protests by his classmates and supporters in other countries. The Crown concluded it was not in the public interest to prosecute and there was no reasonable prospect of conviction. May 8/09  Research finds childhood bullying  may trigger schizophrenia Globe and Mail – A British study from the University of Warwick published in the Archives of General Psychiatry links bullying with psychotic symptoms that may trigger schizophrenia. The authors speculate that the stress caused by severe and chronic victimization may be enough to push a vulnerable person over the edge. The UK govt plans to meet stakeholders to address these abuses. See Research chapter for more information. April/09  European publicity campaigns against corporal punishment The Council of Europe is engaged in a Europe-wide awareness-raising initiative against corporal punishment of children. It aims to contribute to the full prohibition of corporal punishment, to promote positive parenting and raise awareness of children's rights throughout Europe. It currently runs a TV spot called Raise you hand against smacking! In addition, Germany’s Association for a New Education, UK’s National Society for the Prevention of Cruelty to Children and Poland’s Nobody’s Children Foundation are working on a project to advance the EU-wide implementation of a legal ban on corporal punishment and promote non-violent parenting across Europe. The project, called "Respect Works Out!" promotes non-violence as the basis for a child-friendly, democratic Europe in which all forms of physical punishment, including a light smack, are banned. Click for videos. April/09  Recent decisions on S. 43 added to Law chapter Summaries of 6 recent decisions involving s. 43 are added to The Law chapter. They deal with parents and teachers convicted of assault for pushing/hitting in anger and frustration/ hitting on the head/ and whether the nature of the child’s offence should be considered. In one case, a group home worker is assumed to be protected by s. 43. In another, a mother is acquitted because the force used in touching her daughter in an attempt to calm her and bring her home was reasonable. April 18/09  Parents who abandoned baby in parking garage sentenced Globe and Mail – Parents who abandoned an 8-month old in a freezing Toronto parking garage on Jan 30/08 are sentenced to time served in jail since May/08 and a $300 fine. The child, named Angelica Leslie by the CAS, has since been adopted. April 10/09  Hamilton police find children locked in filthy basement room Toronto Star – Two boys, age 2 and 5, are rescued from a feces-smeared, dark, windowless basement room in Stoney Creek Mountain where it is alleged they were kept by relatives for periods of time. A third child may also have been confined. The children were found in a state of anxiety and fear. Bunk beds were soaked with urine and dead rats found outside the room. But two children living on the ground floor with grandparents lived in ‘impeccable’ conditions and were well cared for. Hamilton CAS had been checking on these children but was unaware of the children in the basement until they heard cries during a visit after police received a 911 call, presumably from one of the older children. The father, mother and 60-year-old grandmother are charged with forcible confinement. The grandmother is also charged with assault. April 10/09  Violence breeds violence in Jane Creba murder Globe and Mail – JSR, age 17 when he joined a gun battle in downtown Toronto that resulted in the death of innocent bystander, Jane Creba, was convicted of second-degree murder and is in court to determine whether he should be sentenced as a juvenile or adult. Although he did not fire the fatal bullet, he wounded 2 other people. Outlining what he termed a tragic childhood, counsel said that as a child JSR was beaten regularly by his mother, his father was deported to Jamaica, and he attended 9 schools in 9 years. ‘Love begets love but violence begets violence’, said his counsel. Contending that JSR has shown signs of trying to turn his life around and could be reformed with treatment, counsel argued for sentencing as a juvenile. On April 25, however, the Globe reports that JSR is sentenced as an adult to life imprisonment and must serve at least 7 years before applying for parole. The judge said although he was ‘not unsympathetic’ to his troubled childhood, he must be ‘held accountable for what he chose to do.’ In an April 27 Toronto Star column, Rosie DiManno comments: “There can be little doubt, though, that knowing right from wrong is not so evident a moral choice when individuals are reared in a toxic environment of conflict and abandonment…” April 8/09  UNCRC – a new ‘wedge issue’ by a US congressman Politico 44 – A Republican member of the House of Representatives (Pete Hoekstra, Mich.) introduces a bill to amend the U.S. Constitution to permanently “enshrine” in American society an inviolable set of parents’ rights. The bill has 70 Republican co-sponsors and is intended, Hoekstra says, to stem the “slow erosion” of parents’ rights and to circumvent the effects of the UN Convention on the Rights of the Child, which he believes “clearly undermines parental rights in the United States.” The Convention emerged from relative obscurity most recently when, during the presidential campaign, then-Senator Obama replied to a question about it by saying he found it “embarrassing” that the United States stood with Somalia – the only other U.N. member that has not ratified the treaty — and promised to review it as president. April 8/09  Toronto school principal again in trouble with police Toronto Star – Elementary school principal, Maria Pantalone, is charged with 3 counts of threatening death and bodily harm following an incident that involved minors. As a result, she is on paid leave from her Ossington Junior School. The incident did not involve her school or her students and details are under a publication ban. She pled guilty on April 3/07 to throwing feces at a boy (not her student), was given an absolute discharge, and moved to another school by the board. Many parents think Pantalone an excellent principal and have petitioned for her return to school. Ap 2/09 Toronto mother convicted of assault and feeding cocaine to toddler Toronto Star – The mother who fed her 2-year old son cocaine over a period of 14 months, possibly in an effort to control him, and administered a near-lethal dose that left him brain-damaged is convicted of assault causing bodily harm, aggravated assault, failing to provide the necessities of life and administering a noxious substance. See Jan 23/09 News item for previous information. April/09  A community newspaper ad by an Ontario supporter A supporter of repealing s. 43 has a small but eye-catching ad in the Kingsville Reporter, Kingsville, stating ‘Spanking is Wrong’. It references 3 websites, including our own, that support the prohibition of corporal punishment for disciplining children. We commend him for sponsoring and financing the ad and hope it will encourage others to do something similar. Community newspapers are a useful and relatively inexpensive way for individuals and groups to show support for repeal. Click for ad. April/09  Repeal 43 member co-author of parenting workbook Nanci Burns, a founding member of the Repeal 43 Committee, co-authors with Nancy Rubenstein a workbook for parents entitled Take your Temperment!  It’s described as a fun, hands-on series of exercises to help parents gain insight into nine key temperament traits and offers a fresh way of thinking about children’s behaviours and choices. Nanci has worked for the Ottawa-Carleton District School Board for 17 years as a social worker and prevention specialist and was instrumental in developing the Safe and Caring Schools Initiative. Before that she worked primarily in the area of violence prevention and helped establish the National Clearinghouse on Family Violence/Health Canada. She also spent several years at the Family Research Laboratory, University of New Hampshire. Mar/09  Moldova latest country to ban corporal punishment Global Initiative Newsletter – Moldova prohibits corporal punishment of children in all settings, including the family home. Moldova’s  Family Code now states that the child has the right to be protected against abuses, including corporal punishment, by his parents or persons who replace them and that methods to educate children will exclude abusive behaviour, insults and ill treatment of all types, discrimination, psychological and physical violence. Including Italy, which ended corporal punishment by judicial decision in 1996, a total of 25 countries have now prohibited all corporal punishment of children. Mar 31/09  Alfie Kohn’s Unconditional Parenting – a new paradigm In a feature article on the Globe and Mail’s Life section, Alfie Kohn’s book Unconditional Parenting is mentioned in connection with a new parenting movement called Consensual Living. Kohn’s book was published in paperback in 2006, with the sub-title Moving from Rewards and Punishment to Love and Reason and is described as ‘eye-opening and paradigm-shattering’ in its approach to bringing up children. In a brief reference to the overwhelming evidence that corporal punishment is harmful, Kohn adds that fundamental values are enough to justify opposition to it. “Hitting children clearly teaches them a lesson”, he writes, “and the lesson is that you can get your way with people who are weaker than you are by hurting them”. March 30/09]  Inter-American Court confirms obligation to ban cp The Inter-American Court of Human Rights confirms the human rights obligations of Member States of the Organization of American States to prohibit and eliminate all corporal punishment of children. The Inter-American Commission on Human Rights had formally asked the Court for an advisory opinion on whether corporal punishment of children is compatible with various articles in the American Convention on Human Rights and the American Declaration of Human Rights and Duties. It did so because there is no inter-American standard stating that corporal punishment is incompatible with human rights and because it is widely practiced and lawful in most states – even though nearly all have ratified the Convention on the Rights of the Child. Mar 25/09  Judges reject new bill on non-family custody applications Globe and Mail – In the wake of the beating death of 7-year-old Katelynn Sampson in the apartment of a ‘friend’ who had been granted custody by a Toronto family court judge (see our Jan 9/09 News item), the Ontario government introduced Bill 133 designed to prevent such deaths in future. The bill would allow the court to require any non-parent applying for custody to provide police checks, criminal record searches, current prosecution searches, and Children's Aid Society records. These would be admissible in evidence in such custody applications. A group of 12 family court judges are opposing these requirements as unwieldy and obtrusive, saying it would make their job more difficult and burdensome. Mar 24/09  Senator moves 2nd reading of amended Bill S-209 Senator Hervieux-Payette moves 2nd reading of her amended bill to repeal s. 43 but asks leave of Senate to postpone her speech saying she has just received results from Europe of recent studies that provide new insights and would give senators ‘new food for thought’. She will speak on her bill when her research is finished. Mar 23/09  Sibblies sentenced to 6 ½ years for  manslaughter of 1-year-old Brampton Guardian – Garfield Sibblies was originally charged with 2nd degree murder but pled guilty to manslaughter of Elijah, a boy almost 1 year old. Sibblies was not Elijah’s father but was married to the child’s mother in a marriage of convenience. (See Nov 29/08 news item for first posting on case.) The child had 38 injuries to his scalp, face and torso. Sibblies also pinched the child and told the court that this was a form of discipline he believed was far less harmful than the belt he received growing up as a young boy. He is the son of internationally acclaimed reggae singer Leroy Sibbles. He is sentenced to 6 ½ years in jail, must submit his DNA to a national data bank and will be on 36 months probation during which he will be banned from being alone with children under 10. He must also undergo anger management and parental counselling. Mar 22/09  Philippines parliamentary committee approves cp ban Philippine Daily Inquirer, Manila – A House committee has approved in principle a bill that would prohibit corporal punishment and all other forms of humiliating or degrading punishment of children in homes, schools and other places. Mar 17/09  Research review shows negative effects of physical punishment Phoenix Children’s Hospital, Arizona, Press Release – A report by Elizabeth T. Gershoff, PhD, University of Michigan, is a concise review of one hundred years of social science research and hundreds of published studies on physical punishment by psychology, medical, education, social work and sociology professionals on the effects of physical punishment of children. It concludes that physical punishment doesn’t improve children’s behavior in the long term, makes it more, not less, likely that children will be defiant and aggressive in the future, puts children at risk for negative outcomes, including increased antisocial behavior and mental health problems and puts them at greater risk of serious injury and physical abuse. The report is endorsed by several US medical organizations. See Research chapter for more information. Mar 11/09  Former students of Sask school for deaf sue province for abuse Globe and Mail –  More than 50 students of a Regina school for the deaf sue province of Saskatchewan for alleged abuse suffered at a provincial school. They allege physical and sexual abuse by both older students and staff from 1931 until 1991, when the school was closed. Mar 7/09  Calgary toddler had life-threatening injuries in foster care Globe and Mail – A 14-month-old boy with life-threatening injuries apparently received while in foster care is to be taken off life support. RCMP are investigating. The boy and his now-2-year-old sister were temporarily removed from their 21-year-old mother’s care in June. The mother says she has not been told how her son was injured and Children’s Services Minister, Janice Tarchuk has declined to release any information. Mar 6/09  Nova Scotia mother furious after son confined in tiny closet Globe and Mail – The 8-year-old boy in grade 2 was awaiting assessment for autism and would react violently if feeling trapped. Mother agreed with school that son could occasionally be placed in time-out room but was furious when she learned on a visit to the school that he was screaming and hollering from a storage closet 1 metre square. The Superintendent of Schools acknowledged this was unacceptable and will change guidelines for time-out rooms. Feb 25/09  Ontario Child Advocate reports on 90 child deaths in 2007 In his first annual report as Ontario’s Advocate for Children and Youth, Irwin Elman, files his 2007-2008 report, entitled 90 Deaths – Ninety Voices Silenced. In it, he writes that 90 children known to Ontario child protection services died and that most of these deaths were preventable. Although 16 were accidental, almost all were accidents that could have been foreseen, 9 were suicides, 4 homicides, and the rest undetermined or still to be classified. 14 were not considered appropriate for investigation by a coroner. On the death of Katelynn Sampson in Toronto, he asks where were her schoolteachers who hadn’t seen her for months, where were her neighbours and other members of her community? In calling for more public investigation of these deaths, he emphasizes that the safety of children often depends on respect for their rights and on adults willing to listen. Feb 23/09 New Canadian study shows genetic imprint left by child abuse National Post – A new study at McGill University shows that childhood abuse can alter a person's genetic profile, making them more vulnerable to suicide and less able to cope with stress later in life. The head of the team, Dr. Michael Meaney states, “Abuse is believed to be prevalent, with as many as 10 to 15% of children physically or sexually abused.” Last week one of his projects to identify Canadian children at risk of serious cognitive and behavioural disorders was held up as an example of the type of research Ottawa is no longer willing to fund, although the work is considered so important internationally that Dr. Meaney was asked to establish a similar program in Singapore. The Canadian government did not renew the project last year. The study is published in Nature Neuroscience. See Research chapter for link. Feb 20/09  Evangelical lobbyist promoted to PM’s Deputy Chief of Staff CIV Chinese in Vancouver – Darrel Reid, former head of Canada’s largest anti-gay lobby group, Focus on the Family Canada, has been promoted to Prime Minister Harper’s Deputy Chief of Staff. While working for Focus, Reid lobbied against same-sex marriage, the adding of sexual orientation to the list of minorities protected from hate crimes, and has actively promoted the harmful and discredited practice of conversion therapy for gays. He was initially awarded a government job by Harper in 2006 and has since been promoted several times across unrelated departments. Comment: In an opinion piece for the Globe and Mail on Jan 23/02, Reid writes, among other things, that a concerted effort is being made in the courts to undermine parental authority by government funded activists such as the Canadian Foundation for Children, Youth and the Law and are “seeking to make criminals of the 70 per cent of Canadian parents who have spanked their children”. Focus on the Family, whose founder and international president writes that toddlers as young as 15 months should be hit with a switch for ‘willful disobedience’ is now well entrenched in our Prime Minister’s Office. Feb 6/09  Abductor’s brutal childhood taken into account in sentencing Toronto Star –  A 5-year prison sentence for an Ontario First Nations woman who abducted a baby from a maternity ward is cut in half by the Ontario Court of Appeal. The trial judge was faulted in a 2-1 ruling for not taking account of the woman’s background filled with physical, emotional and sexual abuse at the hands of her mother, uncle and common-law partners. The woman was beaten by 3 people while pregnant, causing her baby to be stillborn. Afraid to tell the father, she planed to replace her stillborn infant by one from the hospital and pled guilty when the abduction was discovered. The 2 appeal judges said the trial judge failed to follow a Supreme Court of Canada decision 10 years ago and now incorporated in the Criminal Code that requires courts to pay special attention to circumstances surrounding aboriginal people. Question: Shouldn’t the courts be required to pay special attention to circumstances in all sentencing? Feb 4/09  Winnipeg man sentenced for fracturing 8-year-old’s skull Globe and Mail – The man had slammed his stepson’s head into the ground causing extensive skull fractures, bruises all over his body and double vision. He had pled guilty to aggravated and common assault and breach of probation. In sentencing him to 3 and 1/2 years in prison, the judge said: ‘There is no excuse for hurting a child to the extent this child was injured.’ Question: Is the judge implying that it’s ok to hurt a child, but not quite to this extent? Feb 4/09   Community service for Halifax teacher who hit student Globe and Mail – There were no cuts or bruises, but a special-needs student who was slapped in the face by a teacher suffered ‘significant emotional injury’, said the judge in giving a conditional sentence to a 57-year-old Bedford junior high school teacher for assaulting the boy. He was ordered to perform community service, have no contact with the boy and put on probation for 2 years. Because of the conditional discharge, the teacher won’t have a criminal conviction but will have to tell potential employers that he was found guilty of assault. Jan 30/09  Youth accused of iPod murder ‘whacked daily’ as a child Globe and Mail – SM is accused at age 17 in stabbing death of Michael Oatway, a bus passenger and stranger who wouldn’t give up his iPod when demanded. Born in Jamaica and brought up in Canada by his mother, SM was whacked daily and at age 6 turned up at school sobbing because his mother had hit him with a broom. He was diagnosed with a profound learning disability but his mother resisted attempts to get help and he began showing serious behavioural problems in school. See Articles/Letters for Feb 3/09 letter Violence breeds violence. Jan 29/09 Bill S-209 to repeal S. 43 reintroduced in Senate True to her word to keep introducing her bill to repeal s. 43 until it is passed by Parliament, Senator Hervieux-Payette, reintroduces Bill S-209 the day Parliament resumes after being prorogued in Dec/08. The Bill is the same as amended and passed by the Senate in June/08. As it has already been studied by 2 senate committees and passed with amendments, we hope it receives quick passage in the Senate and reaches the House of Commons before the next election. The amended bill needs changes and restructuring to make it crystal clear that its main purpose is to end legal approval of corporal punishment. Click for amended Bill S-209. Jan 28/09 Elderly father sentenced for physical/sexual abuse of daughters Globe and Mail – Marcelle Hamelin beat and sexually abused his 2 daughters when they were in elementary school in the late 1950s and early ‘60s. The daughters finally complained to police after their mother died 4 years ago and asked the court to publish their identities to encourage others to speak up. The result of the abuse was severe. One daughter lived as a vagabond; the other sank into alcoholism and depression and twice attempted suicide. But both say their lives are now on track. In sentencing the 93-year -old Montreal father to 2 years to be served in his old-age home, the court said that he never showed any empathy or compassion toward his daughters and no remorse or regret for his actions. Jan 28/ 09 Should children be blamed and assaulted for correction? Globe and Mail – The Minister of Justice for Nunavut loses his post for suggesting in an email that women are partly to blame when they are assaulted during domestic disputes. In demoting him to Minister of Languages and Culture, the Premier said no victim of violence should be faulted for initiating conflict and nothing can justify violence in an intimate relationship. Comment: A child’s conduct in initiating conflict has always been at the heart of s. 43 and its justification for the violence inflicted as punishment. Although the Supreme Court wrote in its 2004 decision on s. 43 that ‘the punishment must not focus on the gravity of the child’s wrongdoing’, the law still sees children as blameworthy for initiating conflict and hence deserving of disciplinary assault by a parent. As the Nunavut Premier notes, an adult partner in an ‘intimate relationship’ cannot be legally assaulted for initiating conflict. The same reasoning should apply to children. Jan 23/09 Mother on trial for assault and administering cocaine to toddler Toronto Star – A 26-year old Toronto mother is on trial for aggravated assault, administering a noxious substance and failing to provide necessities of life for her then 2-year old son. Doctors found the toddler had numerous broken ribs in various stages of healing and that he had ingested cocaine over a 14-month period. He was admitted to hospital in 2005 after a massive cocaine overdose suffering from a seizure and close to death. He is now age 5, lives with his father, has permanent brain damage and requires a full-time teaching assistant at school. On the same date, the Toronto Star reports that a 46-year old Ontario mother pled guilty to exposing her daughter to drugs over a 12-month period. The mother was a crack addict and lived with her daughter in what was described as a flophouse visited by crack addicts. Also on the same date, the Globe and Mail reports that a mother in the UK pled guilty to child cruelty for letting her 3-year old son smoke cigarettes. Jan 15/09 Homicide of 3-month old girl from severe brain injuries Toronto Star – Niagara police confirm that a 3-month old baby girl died as a result of a deliberate act. The baby was taken to hospital in Nov/08 with severe brain injuries consistent with shaken baby syndrome and died in hospital. Charges have not yet been laid. Jan 15/08 Manitoba foster father charged with murder of foster son Toronto Star – Roderick Blacksmith, 29, of Gillam, Manitoba is charged with second-degree murder in death of his 13-month old foster son, Cameron Ouskan. The tattered reputation of child welfare in Manitoba is dealt another blow, says the report. Jan 14/09 Dignity the most basic core value says Globe editorial Globe and Mail – In an editorial about the polygamy prosecution of 2 men in Bountiful BC, the Globe writes that human dignity is the most basic of core values and that this implies protection of the vulnerable and commitment to equality. Polygamy is so unequal that it damages human dignity. Canada’s constitution, it writes, does not allow such affronts to dignity as (among other things) wife assault and ‘culturally specific practices as corporal punishment”. Question: Is approval of corporal punishment of children a Canadian ‘culturally specific practice? Jan 14/09 A more in-depth view of the Quebec parental punishment case Globe and Mail: Les Perreaux, Montreal – The decision of Quebec Judge, Suzanne Tessier, that the father of a 12-year old girl could not discipline her by barring her from a 3-day school graduation trip to Quebec City in June/08 is now before Quebec’s Court of Appeal. (See our June 21/08 news item for previous info.) The girl’s lawyer, Lucie Fortin, explained that the divorced parents share custody and the girl was living with her father but moved in with her mother in May/08. She did so because the father had barred her from the school trip as additional punishment for posting a ‘suggestive’ photo of herself on an on-line dating service. The mother was in favour of the trip, prepared to pay for it and planned to attend as a chaperone. The parents had therefore reached an impasse on the question and the school, which described the girl as a model student, refused to allow the trip because both parents didn’t agree. Lawyer Fortin argued that it was no ordinary trip because in addition to marking graduation, Quebec was celebrating its 400th anniversary. Since Quebec minors can initiate court proceedings on the exercise of parental authority, the 12-year old brought the action. Comment: One could argue that this is more a question of joint custody rights between divorced parents than a question of parental punishment. In Ontario, the mother could apply to Family Court to decide the question as a matter of joint custody rights. Perhaps it was for procedural or other reasons that the decision was made to have the action brought by the girl herself. Outraged comments on Judge Tessier’s decision see it as a parent/child discipline case rather than a dispute between divorced parents. Jan 10/09 20th Anniversary of adoption of UN Convention on Rights of Child The Newsletter of The Global Initiative to End All Corporal Punishment of Children reminds us that 2009 will be an important year for children. It is the target date set by the UN Study on Violence against Children for prohibition of all corporal punishment of children, including in the home; the 20th anniversary of the adoption of the UN Convention on the Rights of the Child; and 30 years since Sweden became the first state in the world to achieve equal protection from assault for its children. Jan 9/09 Why alleged murderer was given custody of Katelynn Our Aug 6/08 report on the beating death of 7-year-old Katelynn Sampson asks how it was that Katelynn’s alleged murderer, Donna Irving, obtained legal custody of Katelynn. The Toronto Star reports that Katelynn’s mother had been charged with trafficking $40 worth of drugs and a conviction on this would have resulted in Katelynn being made a CAS ward. Rather than give her into CAS care, the mother decided to give Irving, who she considered a friend, custody while she (the mother) faced the drug charge; hoping to regain custody when she got her life back on track. The Family Court approved the custody arrangement. Following the child’s death, it was revealed that Irving had convictions for prostitution, drugs and violence. MPP Peter Kormos filed a complaint to the Ontario Judicial Council against the judge who granted the custody order on the basis that she asked few questions during 3 hearings before awarding custody to Irving. On Dec 19/08, the Toronto Star reported that the Ontario Judicial Council dismissed the complaint, saying there were no indications that the child was in peril while being cared for by Irving and that it would not have been appropriate for the judge to undertake extensive inquiries on her own initiative. In Nov/08, the Ont govt introduced child custody reforms that will require potential custodians to undergo police background checks, a file check by CAS, and that both parents and non-parents will be required to produce a plan for care of the child. (About 10% of custody applications in Ontario are by non-parents.) On Nov 25, the Toronto Star editorialized that it ‘boggles the mind’ that these reforms weren’t already in place. On Jan 8, Katelynn’s mother was given a conditional discharge on the drug conviction. Jan 8/09 Preliminary hearing in death of daughter, Aqsa Parvez Toronto Star – Aqsa’s father, Muhammad Parvez, and her 27-year old brother, face a preliminary hearing to determine whether they should be tried for murder of 16-year old Aqsa. The hearing began yesterday in Brampton, Ont and will likely last several weeks. The case has drawn international attention after friends said she quarreled with her father over her refusal to war a hijab. See our Dec 13/07 news item for initial info on case. Jan 6/09 Manitoba mother appeals conviction for murder of 5-year old daughter Toronto Star – The mother of 5-year old Phoenix Sinclair is appealing her conviction of first-degree murder in the death of her daughter. She and her common-law husband were convicted last month and sentenced to life with no chance of parole for 25 years. For some of the details on this horrific case, see our Nov 14/08 news item. On Nov 28/08, the Toronto Star reported a Winnipeg pathologist’s testimony that the child was likely in constant pain the before her death. Jan 5/09 Australian research says prohibiting CP could reduce fatal child abuse Herald Sun, Australia – Research by Australian doctors reported in the Jan 5 issue of The Medical Journal of Australia concludes that child homicide rates could be slashed if parents were banned from smacking their children. Of the 165 cases of child homicide in New South Wales between 1991 and 2005, 36% were caused by physical punishment. Saying that the risks associated with physical punishment were too great to allow smacking to continue, the call for reform is being backed by the Australian Childhood Foundation. As well as being responsible for a third of child homicides, the lead researcher, Dr Olav Nielssen, of Sydney's St Vincent's Hospital, said hitting children created a circle of violence, with abused children often becoming bullies at school and behaving anti-socially in the community. He said smacking bans, combined with strong public education about ways to better discipline children, would make the biggest difference in reducing Australia's child homicide rates. See Research chapter for info and link to study. Jan 4/09 US boy convicted of murdering mother for slapping and yelling Toronto Star – A 12-year old Arizona boy who fatally shot his mother after an argument over chores is found guilty of premeditated murder. His lawyer argued that he did not intend to kill mother but only to get back at her for slapping and yelling at him. On Jan 5, The Independent reports that the mother slapped, cursed and had verbally abused the boy for years. The boy was sentenced to at least 4 years. (This is the second case of an Arizona boy killing a parent. See Nov 27/08 item.) Jan 1/09 Research finds spanking is common in most maltreatment cases A study conducted by Canada’s foremost researchers in the field of physical child abuse finds that ‘reasonable’ spanking of children, as allowed by the Supreme Court of Canada in its 2004 decision redefining s. 43, in fact characterizes most cases of child physical maltreatment in Canada. The research is published in the Journal of Aggression, Maltreatment & Trauma. See Research chapter for info and link to study. 2008 Global Initiative Report on world-wide campaigns to end CP This 2008 UK Report is published by the Global Initiative to End all Corporal Punishment of Children, London, and Save the Children Sweden. It lists global progress in ending corporal punishment, National Campaigns, the Council of Europe campaign, Recommendations, Resources for reform and other international information and is an informative and user-friendly 30-page report. Our Repeal 43 Committee is described in its 6-page review of national campaigns around the world. To obtain a copy, email info@endcorporalpunishment.org. Dec 29/08 More furor when Prince hits dog than when parents hit children? UK newspapers, as well as the Globe and others around the world, publish prominent pictures of Britain’s Prince Edward appearing to strike his hunting dogs. “Hitting a dog is a pathetic, cowardly and vicious act”, says the director of Animal Aid. How often do we hear hitting a child described in the same terms? Canadian, Autumn Philips, the latest addition to the Royal Family, was also on the hunt. Perhaps she’ll have a word on the subject with her new royal relation. Dec 21/08 Devastating picture painted of UK child protection services The Observer, London – A child, known only as ‘Baby P’, suffered 17 months of horrendous abuse at the hands of his East London mother and her boy friends. A submission to a govt taskforce to review how the case was handled paints a devastating picture of UK protection services. Britain’s National Society for Prevention of Cruelty to Children has damned the govt for lack of political leadership and called for substantial law changes, including removal of ‘at risk’ children after 90 days and ending the defence for parental physical punishment. It also states that social workers are struggling to meet ‘absurdly’ high thresholds for intervening in families. Dec 10/08 ‘Shocking’ British TV ad against child abuse upheld BBC News – A hard-hitting TV commercial by the children's charity, Barnardo's, will continue to be screened, despite attracting almost 500 complaints. In it, a teenage girl is pictured behind a prison door, then at a kitchen table where a man hits her hard on the back of the head and calls her a "worthless little cow". The next scene pictures her at school in tears before she appears in a deserted setting having just taken drugs. The scenes are repeated at increasing speed, emphasizing the sound of the slap and the girl's sobs. Text on the screen reads: "For thousands of children in the UK the story will keep repeating itself, until someone stops it." A Barnardo's spokeswoman said the vicious cycle of deprivation, exclusion, abuse and crime was the greatest threat to the UK's most vulnerable children, adding: "We hoped viewers of the ad would be able to look beyond the challenging story and realise that this is a very real issue and that the shocking fact is that for some children the story will keep repeating itself until someone stops it." Dec 3/08 Childhood abuse of accused murderer Jeremy Steinke Globe and Mail – At 25-year old Jeremy Steinke’s Alberta trial for the murder of an 8-year old boy and his parents, reporter Dawn Walton recounts his mother’s testimony that his father used to ‘whack’ him with a belt and drag him by the ears. His mother’s second husband would ‘swat’ him with a paint stick, and her third once pushed his head into a deep freezer. The mother said her son had always been bullied, once attempted to hang himself, and ‘continuously’ said ‘he wished he was dead, wished he was never born’. Comment: This is an all-too-familiar story about childhood ‘discipline’ endured by those who later commit violent acts. It is a welcome development that journalists are increasingly noting these childhood experiences in reporting on such cases. Dec 1/08 Edmonton foster mother appeals manslaughter of 3-year old Globe and Mail – A 3-year old foster child was rushed to hospital with severe head injuries 2 years ago, the 34-year old foster mother saying the injuries were accidental when the boy fell from her arms and hit his head. He died the next day. The Crown argued that the woman abused the boy repeatedly in the month leading up to his death. She was charged with second-degree murder but convicted of manslaughter and will be sentenced on March 7/09. Alberta’s Minister for Children’s Services has ordered a review of the foster care system and a fatality inquiry will be called into the death. An earlier review recommended that foster parents undergo a 6-month probationary period. About 4,600 Alberta children are living with foster parents or relatives. Nov 29/08 Brampton, Ont man pleads guilty to manslaughter of 1-year old Toronto Star – Elijah Sibblies, a few days short of his first birthday, had 38 injuries, including abrasions inside his mouth and on his face, scalp, nose and torso when paramedics brought him to hospital. There was also evidence of brain injury caused by shaking. Garfield Sibblies, 38, was not the child’s biological father but the child carried his name. He acknowledged to police that he ‘occasionally’ physically disciplined Elijah despite his young age. Sibblies was originally charged with 2nd degree murder but pled guilty to manslaughter and will be sentenced sometime in Feb/09. Nov 27/08 US boy charged with killing father vowed spanking limit USA Today – Police say an 8-year old Phoenix, Ariz boy charged with homicide of his father and friend may have kept a written record of spankings by his parents, vowing that the 1,000th would be his limit. In an interview with police, the boy's grandmother shouted out in an angry and loud tone that she knew this would happen because they (the parents) were too hard on the boy. Nov 22/08 Mental illness in children is their most pressing single health issue Globe and Mail – As part of its series, Canada’s Mental-Health Crisis, Erin Anderssen and André Picard report that depression, anxiety and bipolar disorder affect 13 to 22% of Canadian children. Dr. Ian Manion, Children’s Hosp, Ottawa, says he is “amazed” at how many people don’t believe that mental illness exists in children and says it is their single most-pressing health issue. At least 70% of mental illness in adults can be traced back to childhood, with many adults recalling frightening moments of sadness or anxiety. Nov 20/08  Open Letter to MPs in Globe and Mail asks repeal of Section 43 Nov 20 is Canada’s National Child Day that annually celebrates the Nov 20,1989 adoption by the UN General Assembly of the United Nations Convention on the Rights of the Child, which Canada signed in 1990 and ratified in 1991. The Open Letter calls on MPs to repeal section 43 of the Criminal Code; the section that justifies physical punishment of children. The UN Committee that monitors compliance with the Convention has twice urged the federal government to repeal this 1892 provision on the grounds that it violates Article 19 of the Convention. The Open Letter is endorsed by 137 Canadian organizations and is published in the Hill Times as well as the Globe. Click for Open Letter. Nov 19/08 Same old arguments re NZ referendum on smacking ban Otago Daily Times, NZ – In an opinion piece by Simon Cunliffe, Assistant Editor, on the amendment to New Zealand’s Crimes Act that ended the defence to assaulting children for correction, Cunliffe writes that the debate on the law change was framed by well-organized and well-funded opponents as an invasion of individual rights and an attack on the freedom of the family. In some cases, a compliant media bought into the language of the lobbyists. The leading opponents to reform were social conservatives such as Family First, For the Sake of our Children, and the Sensible Sentencing Trust, and their parliamentary proxy, the ‘Act New Zealand’ party. The amendment was a rallying point for the group who were offended by other progressive legislation. The "anti-smacking" law became a beachhead in an all-out attempt to unseat the Labour-led Government. Now that this govt has gone, the new National-led government will likely ignore whatever results emerge from the upcoming referendum on the new law. The same arguments are being used in the referendum. See International Developments chapter, New Zealand, for info on the referendum and other developments. Nov/08 NZ parents using more positive discipline after smacking ban Barnardo’s New Zealand, National Resource Centre – The research project on child discipline carried out by the University of Otago, Children’s Issues Centre, between December 2006 and July this year shows that parents are moving towards more positive disciplinary methods, says the CEO of Barnardo’s New Zealand. Recent police statistics show that the Crimes (Substituted Section 59) Amendment Act 2007 banning smacking is working well. It also shows that 70 per cent of parents who oppose the law do not understand it. That figure reinforces the urgent need for further public education and information about the law. The University of Otago has a long established tradition of research excellence. Nov 14/11/08  Mother/husband on trial in death of 5-year old Phoenix Sinclair Toronto Star – 5 year-old Phoenix Sinclair died alone in June/05 on a cold basement floor in a remote reserve north of Winnipeg after months of beatings while in the care of her mother, Samantha Kematch, and common-law husband, Karl McKay. McKay’s 18-year old son testified that both had regularly beaten the child, sometimes with their fists, sometimes with a metal rod. The mother told police that Phoenix was sometimes hit, choked and shot with a pellet gun and left all day in a pen in the basement for ‘misbehaving’. The child was not reported missing until 9 months after her death when her body was found near a garbage dump. The couple was charged with first-degree murder in March/06 and is now on trial in Winnipeg. The child had spent much of her life bouncing between her family and various foster homes. Child welfare workers had closed her file a few months before her death. The child welfare system is being reviewed as a result of this death. Nov 13/08  NZ Commissioner reports on attitudes to ‘smacking’ ban New Zealand’s Children’s Commissioner issues a report on a survey of public attitudes to New Zealand’s ‘smacking’ ban a year after it came into force. In it, a representative sample of adults was asked whether children should have the same protection from assault as adults. 89 % agreed that they should. The majority was aware of the change in the law and that it is illegal to hit children, but only a minority understood the actual provisions of the law. 43% clearly supported the new law, 28% were opposed, and the others were neutral. More effort is needed to improve understanding of the law and of positive parenting practices. Click for Report. Nov 11/08  Montreal parents charged in death of 9-month old son Toronto Star – A couple that disappeared after taking their baby son to the Montreal Children’s Hospital are located in Florida and will be extradited to Canada on a charge of 2nd-degree murder. An autopsy showed the baby had been abused and died from being violently shaken. The parents are refugees, age 20 and 21, and had been placed on Quebec’s list of 10 most-wanted criminals. Nov 10/08  Labour defeat in New Zealand could affect ‘smacking’ ban John Key, leader of NZ National Party, defeats Helen Clark’s Labour government after 9 years in office and is now the new PM. Under Labour, a private member’s bill repealed a NZ law similar to our s. 43. In a Nov 2/08 article in NZ’s Star-Times, the new PM is reported as having told a ‘Family First’ forum that he will consider changing the ban if a referendum shows strong opposition to it. But on other occasions has said he would only reverse the ban if there were compelling evidence that it was ‘not working’. Nov 7/08  Murder charge of infant against mother dropped Toronto Star – Mother was charged 3 years ago with 2nd- degree murder of her infant daughter after police received a call that baby had stopped breathing. The decision to withdraw the charge was made after an independent review of the case by experts in the wake of Ontario’s Goudge inquiry probing pediatric forensic pathology. The prosecutor decided there was no reasonable prospect of a conviction because the experts ‘can’t seem to agree with any degree of certainty’ on the cause of the infant’s death. Nov 1/08  Public ed campaign needed on New Zealand ‘smacking’ ban The Press – Research on public understanding of NZ’s ban on ‘smacking’ children, carried out by the Otago University Children’s Issues Centre, found that 70% of parents who are against the ban do not understand the new law. There seems to have been timidity and avoidance of objective information about the ban, the article states, perhaps because the government is nervous about the reaction from ‘extremely well-funded and powerful religious Right groups to any public information’. It concludes that the message that physical punishment in not a good idea is getting out to parents but there is a ‘massive need for more information and education’ about the change in the law. Nov 1/08  Foster father won’t be retried in death of 4-year-old Globe and Mail – The 4-year-old boy had been hit repeatedly, thrown against walls and died of multiple blunt trauma to the head in June 2000. His foster mother confessed to beating the child and pled guilty to manslaughter. The Northern Ontario foster father was convicted of manslaughter for criminal negligence but acquitted of manslaughter for failing to provide the necessities of life. The Supreme Court of Canada, with one dissent, decided that the two verdicts can’t be reconciled and refused to order a retrial of father. Oct 16/08  Couple charged with brutal assault on 10-month–old baby boy The Toronto couple, Revilla and Barreda, are charged with assault causing bodily harm, aggravated assault and failing to provide necessaries of life. It is not known whether they are the parents of the 10-month old baby. The child had a skull fracture, broken collarbones and numerous broken bones in the legs and arms and the couple were arrested at the hospital. The case comes during Child Abuse Protection month in which citizens are being urged to overcome a proven reluctance to report suspected cases of abuse. Oct 10/08  Statistics Canada  report on family violence includes children In its latest report on family violence based on information gathered in 2006, Statistics Canada reports 39,256 incidents of physical assaults against children and youth, almost 8000 of which were committed against children 3 to 11 years of age. Parents are the most commonly identified perpetrators. There were 60 homicides: 36 by parents, 16 by non-family members and 13 were unsolved. Incidents of physical violence are based on reports from 149 police services representing 90% of the population. They represent only a portion of the violence committed against children and youth who may be victims of other types of abuse and violence such as child maltreatment and neglect that are not reported to police. See Family Violence in Canada, Canadian Centre for Justice Statistics. Oct 9/08  EU Commissioner asks UK to give children same protection as adults Memorandum by Council of Europe Human Rights Commissioner, Thomas Hammarberg - The Commissioner visited UK in Feb and March/08 and wrote a 19-page memorandum on his visit for the Council of Europe. In it, he expressed concern that in England, Wales and Northern Ireland, the ‘reasonable force’ defence is still available to parents for common assault on children. It is also available in Scotland as a ‘justifiable assault’. He writes that children should have the same protection from assault as adults and that the government appears to have overlooked or dismissed the overwhelming response to its consultation that was in favour of banning all corporal punishment of children. Click for Memorandum. Oct 7/08  100 UK multi-party  MPs call for free vote on spanking ban Project NoSpank – The Daily Telegraph reports that a multi-party group of MPs who support a total ban on spanking say they will vote their conscience on the issue no matter what their parties decide. “The current law allowing so-called 'reasonable punishment' of children is unjust, unsafe and unclear, and must be abolished once and for all” said Labor MP, Kevin Baron, who is chairman of the multiparty group and of the Commons Health Committee. However, when the issue came up for debate on Oct 9, procedural constraints prevented it from being discussed because other matters took up the time allowed for its discussion. Sept 25/08  Oshawa parents arrested over fractures to 5-week old daughter Toronto Star – The baby was taken by her grandmother to an Oshawa hospital 6 months ago suffering from a fractured skull and broken bones. She was then transferred to Toronto’s Hospital for Sick Children where the injuries were ruled non-accidental. The parents, age 19 and 21, face assault and negligence charges. The child is in foster care and may have permanent brain damage. Sept 24/08 North Bay father charged with vicious beating of 6-month old The 29-year old father from North Bay, ON is sentenced to 5 years in prison for vicious beatings of his son. By 6 months of age, the baby had been repeatedly beaten, according to an expert at Toronto’s Hospital for Sick children. The child suffered multiple fractures to the skull, collarbone, jaw, ribs, arms and legs, hemorrhaging and torn tissues in the mouth. He is now being cared for by his grandparents, and at age 2 years lags in development and is receiving ongoing physio and speech therapy. The father was convicted of assaulting his 4-year old nephew 10 years ago. The baby’s mother, age 33, faces charges. Sept 7/08 Federal election means Senate corporal punishment bill dies Once again, progress on ending legal support for corporal punishment is set back by a federal election. The Prime Minister’s call today for an election on Oct 14 means that Senate Bill S-209 as amended, passed June 16 and introduced in the House of Commons the same day will not be proceeded with. This was the third bill to repeal s. 43 introduced by Senator Hervieux-Payette. However, she announced during the Senate debate that she would keep introducing a bill until one is passed. We expect she will do so in the new Parliament and either introduce a new bill or the amended Bill S-209. Click Senate Bills to Repeal S. 43 for Senate debate, committee hearings and Bill S-209 as amended. Sept 4/08 Alberta father charged with assault on infant son Globe and Mail – Lethbridge father, age 20, charged with assault causing bodily harm to his 2-month old son and failing to provide him with the necessaries of life. The police investigated when the baby was taken to hospital 2 days after his leg was broken. Aug 20/08 United States - Corporal punishment common in the South Ottawa Citizen - More than 200,000 children were hit as punishment - mostly with a paddle on the bottom - in U.S. schools last year, a report released today says. In 13 states in the U.S. South where corporal punishment is most common, black girls are twice as likely to be hit as white girls, says the study, compiled by Human Rights Watch and the American Civil Liberties Union. Aug 18/08 US study finds parents who spank with object more likely to abuse Kansas City Star - A study released Tuesday by doctors at the University of North Carolina-Chapel Hill finds that parents who spank their children with an object - such as a belt, switch or paddle - are nine times more likely to abuse their child through more severe means. Also, parents are much more likely to beat, burn or shake their children if they spank frequently, according to the study which is being published by the American Journal of Preventative Medicine. It's the latest finding in a growing body of research suggesting parents should use their voice, not their hands or household tools, to keep children in line. This study rests on anonymous admissions of 1,435 mothers of children from North and South Carolina randomly selected to share details of the discipline they and other caregivers use in the privacy of their own home. Rates of abuse, the researchers found, are alarmingly high, even in a survey dependent on parents owning up to behavior that could cost them the right to raise their children. Twelve percent of mothers who reported spanking a child's bottom with an object also admitted engaging in behavior researchers classified as physical abuse. Also, 12 percent of those who spanked 50 or more times in the last year admitted abuse such as beating, burning, shaking or hitting the child with an object about their body. Aug/08 Some Christian advice on when/where/how to hit toddlers A US Gospel website that gives spanking advice “in the name of Jesus” shows how far some will go in their quest to raise submissive children. Those who think spanking should continue to be legal should consider the implications of the following: We recommend zero tolerance for disobedience and didn’t permit our young children to say “no” to us. Make it clear from the start that this brings an automatic spanking. We recommend starting around eighteen months of age. It worked well for us to use a thin wooden spoon. We would pull the pants down in the back and spank one, two, or three times on the bare bottom. We would often tell them to get the spanking spoon and go upstairs to their room. If they didn’t relent and surrender, we would tell them they were going to get another spanking and then administer it in the same way. If necessary, this process would go on through numerous cycles, lasting forty minutes or more. Aug 6/08 Woman/boyfriend charged in death of 7-year old Toronto girl Globe and Mail – 7-year old Katelynn Samson is found dead in the apartment of Donna Irving, 29, and her boyfriend Warren Johnson, 46. Police say the child had been assaulted throughout her entire body on an on-going basis, did not have a bed to sleep in, and that Irving had a record of violent crimes. She and boyfriend are charged with second-degree murder. On Sept 6, the Globe reported that charges have been raised to first-degree murder because the child had been confined during the beating. Background: Subsequent press reports indicate that Katelynn’s mother was undergoing treatments for drug addiction, Katelynn had behavioural and learning difficulties, and Irving and Katelynn’s mother were friends. But how Katelynn came into the care of Irving and Johnson and what role the Toronto CAS and Native Child and Family Services played is not clear because of confidentially restrictions. Presumably, the two children’s aid organizations were approached and the mother agreed voluntarily to give custody to Irving and Johnson. This transfer of custody was made a year ago by application to a Family Court judge under Ontario’s Children’s Law Reform Act and finalized in June. Under this Act, the judge hearing the custody application can request the Office of the Children’s Lawyer to represent the child and make a clinical investigation of the potential custodians. According to MPP Peter Kormos, the judge failed to probe the circumstances of the case or request appointment of the Children’s Lawyer. He has filed a complaint against the judge. The Ontario government has announced its intention to examine how child custody cases are dealt with and will review child protection laws to see what changes need to be made. Aug 14/08 Teens charged with assault for paddling youngsters in hazing ritual Globe and Mail – 14 Edmonton area teenagers are charged with assault for paddling younger children with hockey sticks and cricket bats in a hazing ritual at a Catholic school. The children’s injuries ranged from reddening to bruises and bleeding. The Chair of the school board said he hoped these charges would convey that such incidents are assaults and not a fun, hazing ritual. July 29/08 Canadian professor lauds NZ ban on corporal punishment Otago Daily Times, New Zealand – University of Manitoba Associate Prof, Joan Durrant, says New Zealand is a world leader in eliminating violence against children and more countries should follow its "courageous move". Speaking at the Children's Issues Centre national seminar in Dunedin, NZ, Prof Durrant said other British countries had focused on the protection of adults rather than the protection of children. New Zealand does not attempt to define “reasonable” corporal punishment. Instead, it prohibits it. In Canada, we have not yet made the message clear. Professor Durrant is a children's clinical psychologist. July 16/08 Teacher/principal get absolute discharge for strapping schoolboys Canoe News – Principal and teacher at Old Colony Christian school in the Aylmer area of Ontario pled guilty in March to assault with a weapon for strapping 7 schoolboys for routine horseplay. See News/Archive items of Feb 16 and March 27/08 for circumstances. The school policy, approved by parents, allows discipline with an object. In 2004, the Supreme Court of Canada banned corporal punishment of school pupils and banned the use of an object for punishing any child. Their counsel told the court the two are law-abiding citizens who simply did not know they were “coming close to breaking the law”. In granting an absolute discharge, Judge John Getliffe said he managed to survive the strap and recognized the intent was “for our own good and out of love”. Absolute discharges mean that neither will have a criminal record. The school has now abandoned the policy. Comment: Judges should refrain from minimizing the harm of corporal punishment by referring to their own childhood acceptance of strapping as being for their own good and done out of love. The Supreme Court has made it clear that corporal punishment in schools is no longer allowed by s. 43 and that hitting any child with an object is now a criminal offence. Intent and suppositions that strapping is done “out of love” are irrelevant. July 7/08 US study finds pediatricians can help prevent violence Newswise Medical News – A study at Vanderbilt University Medical Center finds that pediatricians can help prevent future violent behaviors in their patients with a brief, one-time office intervention during a routine exam, according to a new study published in the July issue of Pediatrics. The research was based on changing factors previously shown to impact the risk of future violent behavior, such as excessive media time (computer games and television often depicting violence), access to unsafely stored firearms and corporal punishment. July/08 Newcomers to Canada advised that hitting children is illegal A Citizenship and Immigration Canada pamphlet A Newcomer’s Introduction to Canada recently came to our attention. Among other things, the July/07 revision of the pamphlet advises people coming to Canada that It is against the law to hit your spouse or children, either in the home or in public. We commend the minister and department for including this information. June 30/08 28% of children have cognitive/behavioural problems at age 6 Doug Willms, Research Chairman, University of New Brunswick, and author of Vulnerable Children, says 28.6 % of Canadian children exhibit cognitive or behavioral problems at age 6 and are not yet ready to learn. Many of these children live in well-to-do households. In answering the question of why this should be, Dr. Willms said that what matters most is the family environment of the child and good parenting skills of the family. June 27/08 New Zealand petition to re-instate ‘smacking’ may not proceed The Press, Christchurch, NZ – PM Helen Clarke says because of logistical difficulties, the petition to reverse New Zealand’s recent ban on corporal punishment of children probably cannot be voted on at the same time as the general election expected in November. In its editorial, The Press urges the PM to overcome these difficulties and hold the referendum “Now that the ban is in force and the predictions of dire consequences have shown to be false, the case for it has become even stronger. The referendum should be taken as an opportunity to show the diehards for the reactionaries they are.” Click International Developments, New Zealand for more information. June 25/08 Costa Rica bans corporal punishment of children CRIN – Costa Rica’s Legislative Assembly passes a law prohibiting corporal punishment of children as a method of discipline by parents and guardians. The parliamentarian who proposed the law, expressed satisfaction: “This move is not denying parents the power to discipline their children, but just saying they must do this without violence. It is not a case of not using discipline, but of re-educating ourselves in establishing boundaries. These boundaries must be set without humiliation, without smacking and without anger if we want to raise respectful, responsible and confident young people”, said the parliamentarian. Click International Developments, Other Countries for list of 25 countries that have banned corporal punishment. June 25/08 Ontario abuse expert calls for federal ban on spanking children Times Colonist – In an interview following his address to the Canadian Pediatric Society in Victoria, BC, Ron Ensom said that s. 43 of the Criminal Code leaves children unprotected against physical assault by their parents and should be repealed. The bill passed by the Senate allowing “reasonable force other than corporal punishment” is confusing and muddies the issue, he said. June 24/25/08 House arrest for Winnipeg soldier who broke babies’ bones Toronto Star - A Winnipeg soldier who squeezed his infant triples so hard that he broke their bones is sentenced to 19 months house arrest and psychological counseling. He said he was trying to stop them from crying and didn’t mean to hurt them. June 23-July 3/08 Senate ban on corporal punishment prompts letters to editors Letters from Canada and the US commend the Senate for passing Bill S-209 banning corporal punishment of children. Click Articles/Letters 1990 – 2008 to read them. June 23/08 New Zealand police report on effect of corporal punishment ban EPOCH, NZ - During the first three months of the current police review on the effect of NZ’s recent ban on corporal punishment, police reported an increase in the number of smacking events attended. The number decreased during the second 3-month period to levels similar to pre-enactment levels. They will continue to carry out six monthly comparisons from the next review period. June 21/08 Good editorial on a controversial Quebec discipline decision Globe and Mail - On June 19, Quebec Superior Court Judge Suzanne Tessier ruled that the father of a 12 year-old girl could not discipline her by barring her from a 3-day school trip to mark her graduation from elementary school. He had forbidden the trip as punishment for posting inappropriate photos of herself on an internet dating site. The decision created a public and media uproar on the basis that it undercut the father’s authority over his daughter. In its editorial, the Globe reported that the parents had been divorced for 10 years, had been before the court “for quite some time”, during which the girl had been represented by a government-appointed lawyer, the father had custody of his daughter but, she contended, had expelled her from his house and since May she has lived with her mother. In Quebec law, separated parents share important decisions about children and in some circumstances, minors can initiate court proceedings re the exercise of parental authority. The mother had given permission for the trip and the daughter herself applied to the court claiming that the father’s refusal of permission was excessive punishment. The Globe editorial concludes that the father’s refusal seems unjust and that Judge Tessier appears to have had the girl’s interests at heart in reaching her decision. June 20/08 Autistic boy suffocates from restraint device in Quebec school Toronto Star – A 9- year old autistic boy dies in hospital a day after being rolled in a weighted blanket at a Quebec school for the disabled. The 50 lb boy, who had been admonished for excessive ‘vocalizing’, was left in the blanket for nearly 20 minutes before being found unconscious. A coroner’s inquest slammed the guidelines for allowing such blankets. The lawyer for the boy’s parents wants the minister of education to set up a ‘legal framework’ to establish how restraints should be used in schools. June 18/28/08 Charges against brother/father raised to first-degree murder Globe and Mail - The charges against Mississauga, Ontario father of 16 year-old Aqsa Parvez and her 27 year-old brother are raised to first-degree murder, implying her death was planned by both for failing to wear a hijab, the Muslim head scarf. See Dec 13/07 News item for circumstances. June 17/08 Senate passes bill banning corporal punishment of children Toronto Star – The bill, as originally tabled by Senator Hervieux-Payette, would have repealed s. 43 but was amended by a senate committee to ban corporal punishment but retain the power of parents to use ‘reasonable force other than corporal punishment’ to prevent or minimize harm, or conduct of a criminal nature, or excessively offensive or disruptive behaviour. The bill passed without fanfare with some senators dissenting. Liberal MP Marlene Jennings will now introduce it in the House of Commons. She said it is time to abandon the use of force as a way to correct a child’s behaviour and that virtually all experts in child development agree. See Senate Bills to Repeal S. 43 for history of bill and comment. Click Bill S-209 for bill as amended and passed. June 15/08 Mother charged with murder of 12-year old daughter Toronto Star – A 33 year-old Nova Scotia mother is charged with first-degree murder after the body of her 12-year old daughter was found on a riverbank near Bridgewater, N.S. The mother reported her daughter missing in January/08 after an argument and appealed to the public for help at an emotional news conference. Police have not yet released details on how the child died. June 15/08 In-home counseling for beating ordered for BC couple The Province – An Aldergrove couple are ordered to receive in-home counseling twice a week after their 7-year-old told a teacher they beat him for misbehaving in school. The mother and husband used a wooden spoon or belt on the child for discipline three or four times as a last resort, mother said, but used the spoon only when the boy was wearing pants and her husband used a belt once on his bare bottom. June 13/08 UK commissioners urge ban on physical punishment by parents Guardian Weekly – Children’s commissioners from the UK present a report to the UN saying that in Britain, there are serious violations of the UN Convention on the Rights of the Child, including the lack of protection against physical punishment in the home. They continue to urge a ban on physical punishment. June 13/08 MP Margaret Mitchell recalls Commons laughter re wife abuse Toronto Star - In an interview with 82 year-old MP Margaret Mitchell, the former MP recalled how in 1982 she started a ruckus in the House of Commons when she said that 1 in 10 Canadian husbands regularly beat their wives. Male MPs erupted in laughter and shouting. She furiously replied: “This is no laughing matter.” The former NDP Vancouver MP said she had no idea she would get this response and that her statement helped to bring the question of domestic abuse into the open. Police did not check out abuse then – it was a silent topic, she said. Comment: When media interviews began in the 1990s about repealing s. 43 to end legal approval of ‘correctional’ assaults on children, a somewhat similar response came from some newspaper columnists who trivialized them as though hitting and spanking children were somehow amusing. 14 years later, we read fewer such comments. June 12/08 PM apologizes for abuse/cultural loss in Indian residential schools Toronto Star – Prime Minister Harper apologizes in the House of Commons to former students of Indian residential schools for removing them from their families and placing them in schools operated by churches. In addition to losing their families, language and culture, these children were often subjected to physical and sexual abuse and neglect by the staff of these Christian schools. June 11/08 Alberta changing foster care rules in wake of murder charge Globe and Mail – An expert panel has reviewed Alberta’s foster care rules and made several recommendations following the death of a 3-year old boy whose foster mother has been charged with second-degree murder and assault causing bodily harm. Among others, the panel recommends that foster parents be scrutinized more closely and undergo a 6-month probationary period. New Democrat MPP says that the training given foster parents is inadequate, especially since they are dealing with complex special needs children. Others say the real problem is the shortage of people willing to take in children. See Jan 30/07 News/Archives item for information on the child’s death. June 9/08 UK poll shows 52% say corporal punishment should be illegal Guardian.co.uk - A UN dossier on human rights abuses of children in the UK cites the lack of protection against physical punishment in the home. So the Guardian asked its readers ‘Should the government now make corporal chastisement of children illegal? 52.4 % answered ‘Yes”; 47.6% said ‘no’. June 3-5/08 Uncle slapped and kicked 3 year-old months before her death Toronto Star - At the Brampton, Ontario man’s trial for second-degree murder, the child’s mother told jurors the child’s uncle often slapped her and dragged her by the feet downstairs and kicked her months before her painful death. A pediatric pathologist told the court the child’s spine had been broken several weeks before the second fracture that ended her life. See May 29 News/Archives for other information. May 30/08  Father charged with murdering infant while on bail Toronto Star -  Hamilton father, Terry Legacy, age 26, charged with 2nd degree murder in death of his 6-week-old son. At the time, Legacy was on bail in connection with aggravated assault (a broken hip) on his girlfriend’s child by another relationship. The girlfriend is the mother of his deceased son. The injury to the girlfriend’s child was initially ruled accidental but Legacy was charged after the death of his son. May 29/08  Council of Europe says ‘Spare the rod’ The Economist - “As part of their daily lives, children across Europe and the world continue to be spanked, slapped, hit, smacked, shaken, kicked, pinched, punched, caned, flogged, belted, beaten and battered in the name of discipline, mainly by adults whom they depend on.” But in some places, says the Council, it happens less than before, and there is a chance to stop it altogether. Its campaign to abolish physical punishment is to be launched in Croatia in mid-June with debates, puppet shows, television spots, pamphlets in many languages and stirring calls to “raise your hand against smacking”. A consensus against hitting children is clearly gathering momentum in the developed, law-governed parts of the world. Also growing is the belief that a light parental cuff and serious forms of child abuse are points, albeit quite far apart, on the same spectrum. May 29/08  Uncle pleads not guilty to murdering 3-year-old niece Toronto Star – Brampton, Ont man, Davinder Singh, pleads not guilty to 2nd degree murder of 3 ½ year-old niece who died in June/05 of internal bleeding from a broken back and torn aorta. The uncle, age 40, claims his niece died accidentally by falling head first into a wading pool. Prosecutors say he has a history of abusing the child. May 14- 15/08  Senate committee begins new hearings on bill to repeal s. 43 The Standing Senate Committee on Legal and Constitutional Affairs (LCAC) begins hearings on Senator Hervieux-Payette’s Private Member’ Bill S-209 to repeal s. 43. Senator Joan Fraser, Chair, opens hearings by noting that this is the same bill that was considered by LCAC as Bill S-21 in 2005 and as Bill S-207 by the Senate Committee on Human Rights in 2007. Hearings on S-21 ended because of the federal election and those on S-207 were completed but failed to reach 3rd reading because of summer recess. After Senator Hervieux-Payette spoke to Bill S-209, the Committee heard from a representative of the Canadian Council of Criminal Defence Lawyers who opposed the bill. For more information, see Senate Bills to Repeal S. 43, Committee Hearings on Bill S-209. More witnesses will be heard in June. 2008  New book on New Zealand’s ban on physical punishment of children This excellent paperback, Unreasonable Force; New Zealand’s journey towards banning the physical punishment of children, traces New Zealand’s successful struggle to end its equivalent of our s. 43. Written by 3 principle activists who spearheaded this movement for legal reform, and published by Save the Children New Zealand, it is a clear, readable and useful account of the efforts and compromises made by all parties involved. We highly recommend it to everyone concerned about s. 43. See Research chapter for more information. May/08  A World without Spanking Today’s Parent – Writer, John Hoffman, visits Sweden to report on attitudes to spanking 50 years after Sweden ended its defence to correctional assaults on children and almost 30 years after making this reform clear in its civil code. His interviews with Swedes showed that most parents think it’s wrong to hit a child. For those parents who continue to hit, the response is an early involvement with help and support for families – not prosecution. Sweden, Hoffman reports, has its share of children’s problems but in a recent UNICEF report on child well being in rich nations, Sweden ranks second. Canada ranked 12th. For full article, see Articles/Letters section of this chapter. April 30/08  Punitive parenting a factor in teen violence and aggression Toronto Sun – New studies by the Canadian Institute of Health Information show that one in two boys between the ages of 12 and 15 is violent or aggressive. Punitive parenting, rejection by parents, and plain ‘bad parenting’ are the factors noted by the Institute as feeding into high levels of youth violence and delinquency. In contrast, 2/3 of young people who said their parents are proud and supportive don’t indulge in aggressive acts. April 30  Children’s Rights Council reminds parents not to spank   thestar.com –  On Spank Out Day, Children's Rights Council’s president, Grant Wilson, says people need to be reminded not to spank their kids. “We'd like to see parent educators be an extension of the health services provided by the province. This would help parents get a really terrific start at using the principles of democratic parenting… Section 43 of the criminal code allows hitting of children as a form of correction. Other countries don't. The Supreme Court can call it correcting but it's beating somebody up to get them to submit to your world.” April 26/08  Windsor Essex CAS holds No Spank Day Family Event Windsor Star – The child abuse prevention committee of the Windsor-Essex Children's Aid Society puts on a weekend event with face painting and crafts for kids and information for the parents. "We're finding that if we do a parenting event, and talk to parents about positive discipline and discourage the use of corporal punishment, that they're more open and willing to listen to us than if we were out picketing against spanking," said Tina Gatt, CAS manager of Public Relations and Prevention. April 17/08  Couple accused of assaulting baby daughter Toronto Star – A Brampton, Ont couple will stand trial in Jan/09 for assaulting their 1-year-old daughter. Doctors found 28 fractures allegedly suffered between Sept-Nov/06. The child is now in CAS custody with supervised visits by the parents. April 16/08  Toronto father pleads guilty to delaying child’s medical treatment Toronto Star – In Oct/05, his 15-month-old son had a seizure and lost consciousness. The parents doused him with water until he revived but delayed 14 hours before taking their vomiting, crying child to hospital where he was diagnosed with a skull fracture and bleeding of the brain. The father told police the child’s injuries probably caused by falling off a table or hitting his head on the side of crib. Parents were charged with criminal negligence causing bodily harm. The child now walks with a limp, has a shunt in his brain and will continue needing physiotherapy. No details on sentence available. April 8/08  Rabbi wanted for ghastly child abuse hiding in Canada Globe and Mail – Israeli police have issued a warrant for the arrest of a radical Israeli rabbi described as the ‘spiritual mentor’ of a group involved in the systematic, horrendous abuse of young children. Gruesome stories of children being burned, beaten, and tortured in order to ‘correct’ their behaviour and beat ‘devils’ out of them have filled Israeli media for several days. April 7/08  US politician tries again to limit hitting young children The Sacramento Bee –Sally Lieber, a California Assemblywoman, ‘isn't one to let a little nationwide jeering and hooting get her down. The Democrat who authored a measure last year to ban parental spanking, only to see it become the target of late-night TV ridicule and outrage from various conservative groups – then ultimately be killed by Committee – is back with another effort to rein in corporal punishment.’ Her bill would among other things make it unlawful to hit a child under the age of 3 with a fist or implement or a ‘whack’ on the face or head. April 4/08  Man charged with murder in death of 5-year-old girl Toronto Star – A Cornwall, Ont man is charged with murder after the body of a 5-year-old girl was found in a Cornwall home. The child’s body showed obvious signs of trauma when her mother called police. The accused is described as a ‘remote acquaintance’ of the mother and police do not believe the child was sexually assaulted. Mar 31-Ap 2/08  Quick-thinking Ontario 6-year-old saves family Globe and Mail –  Six-year-old, George Denniss, saved his parents and baby sister after they fell through ice on a frozen pond. The child ran almost half a kilometer home, called 911, and police arrived in time to save all. A year and a half ago, the mother had taught the child how to dial 911 in an emergency. He remembered. Instead of running to his parents, young George ran home and placed the call. Comment: We doubt that George, at age 5, had been spanked in order to instill this lesson in his mind. As Dr. Robert Fathman, EPOCH USA, likes to put it: ‘Good discipline is instilled in the mind, not the behind.’ April 1-2/08  Father cleared of assaulting teen daughter in R. v Swan case Globe and Mail – When his 15-year-old daughter sneaked out of the house to meet her drug-dealing boyfriend, her father, Barry Swan, went to look for her, grabbed her by the shirt and shoved her into his truck to take her home. Once there, she left again and parents called police. Father charged with assault for grabbing shirt and choking. He argued that s. 43 gave him the right to use reasonable force to correct child but was convicted on basis that s. 43 doesn’t apply to teenagers. On appeal to the Ont Superior Court, conviction was overturned; the Court holding that s. 43 applies to teenagers where the force is used for restraint or control. Since the father’s arrest, he has had counseling, the daughter is back home and things ‘are going somewhat better’. The Crown has not yet decided whether to appeal. See The Law, Judicial Interpretation of Supreme Court of Canada Decision for further information and comment on decision. Mar 27/08  Schoolteacher and principal plead guilty to assaulting boys Sun Media – Principal and teacher of the Old Colony Christian School near Aylmer, Ont plead guilty to 7 counts of assault with a weapon for hitting seven boys, ages 9 and 10, with a belt on the buttocks over their clothes. The boys were hit for such things as leaving school property at lunchtime and spinning a friend around at recess. All parents knew that corporal punishment could be used and the strapping was done in accordance with school policy. Their lawyer argued accused had ‘no thought of violence’ in striking the boys and that the Supreme Court’s 2004 decisions had left the issue  ‘frighteningly vague’. Parties will be sentenced July15. Their lawyer is confident they will be given a discharge and ‘will not walk away with a criminal record’. Comment: The Supreme Court decision may indeed be ‘frighteningly vague’ on much of its interpretation of s. 43. It was, however, clear on disallowing objects to be used for hitting children – although what objects constitute a ‘weapon’ may be open to question. Mar 27/08   Boyfriend gets conditional sentence for breaking infant’s ribs Toronto Star ­– A 33-year-old Halifax man living with the baby’s mother, squeezed her 2-month old infant in an attempt to stop his crying and broke 6 ribs. He is given an 18-month conditional sentence with 9-months house arrest and a year’s probation. March 26/08  Violence against Jamaican children/women “appears normal” The Gleaner – A survey of students conducted and published in 2005 by the University of the West Indies' Centre for Gender Development Studies showed that most students thought physical discipline of children could only be considered violence based on the level of severity and how it was administered. Many seemed to think violence is an integral part of society and can only be stopped by divine intervention. Violence against women was also deemed acceptable. "This is a sign which indicates that violence is ingrained in their psyche," said Professor Barbara Bailey of the Centre. According to her, violence is so prevalent in many of the households, communities and schools that it appears normal. Mar 13/08 Senate Bill S-209 to repeal S. 43 again referred to committee Conservative Senator Raynell Andreychuk joins those who do not believe in corporal punishment but is concerned about what defences, absent s. 43, would be available to parents and teachers who use force to restrain children. ‘We looked at the issues from a human rights issue point of view, from a child's perspective and from a Convention issue point of view. It is now appropriate that we not revisit the corporal punishment issue but that we look at the consequence and the intent of repealing section 43 in its full extent, which was not the mandate of our committee.’ She therefore moves that the Bill be sent to the Standing Senate Committee on Legal and Constitutional Affairs to study these issues. The motion is agreed to, on division. See Senate Bills to Repeal S. 43 for more information. March 7/08  New Zealand father to stand trial under new ban on cp Nelson Mail – In hearings before the trial, a woman who shared a flat with father, Rowan Flynn, gives further evidence of his assaults on his 11-year-old son. These assaults included repeated hitting with a stick. The father had previously told the Nelson Mail that he believed it was his right as a parent to ‘smack’ his son. See Dec 7/07 News/Archives item for other information. Mar 5-6/08  Father charged with attempted murder of 14-year old daughter Globe and Mail – Alliston, Ont father, Kamal Khanna, is charged with attempted murder, aggravated assault and assault with a weapon. His daughter was stabbed repeatedly and is in critical condition. No other details are available. Mar 4/08 Senator Cochrane calls Bill S-209 ‘political spin’ Conservative Senator Ethel Cochrane resumes debate on 2nd reading of Bill S-209 to repeal s. 43 by first commending Liberal Senator Hervieux-Payette (sponsor of Bill) for bringing forward the issue of preventing violence against children as ‘a goal we all share’ and then calling her bill a ‘knee-jerk reaction’, ‘exercise in political spin’, and ‘political tinkering… designed to side step the real issues’ re violence against children. She does not identify what she believes these issues are and opposes S-209 on the grounds that the Supreme Court held it constitutional and repeal would result in criminal charges for restraining, protecting or disciplining children. Comment: It’s odd, to say the least, to call a bill to repeal s. 43 ‘political spin’ etc when repeal was recently recommended by two Senate Committees, when more than 196 Canadian organizations and the UN Committee that monitors the UNCRC advocate repeal, and when 24 countries consider legal approval of corporal punishment so harmful they have changed their laws and banned it. See Senate Bills to Repeal S. 43 for more information. Mar 1/08   Chief Justice McLachlin on the constitution and ‘bad laws’ Globe and Mail – The Supreme Court of Canada rejected a constitutional challenge to mandatory minimum sentences and decided that judges could not use a constitutional exemption to impose a 2-year sentence when the Criminal Code mandated a minimum of 4 years.  In rejecting the challenge, Chief Justice McLachlin said: “Bad law, fixed up on a case-by-case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.” Comment: This statement could also be applied to the Supreme Court’s 2004 decision upholding s. 43 – and written by the Chief Justice – in which courts are now, in effect, expected to fix up s. 43 ‘on a case-by-case basis’ using criteria that one lawyer recently referred to as ‘frighteningly vague’. Feb 28/08 Spanked children more likely to have sexual problems USA Today – Children whose parents spank or inflict other corporal punishment on them are more likely to have sexual problems later in life, according to research presented today to the American Psychological Assn by Murray Straus, Co-director of the Family Research Laboratory at the University of New Hampshire-Durham. Four studies by Dr. Straus suggest that such children have a greater chance of physically or verbally coercing a sexual partner, engaging in risky sexual behavior or engaging in masochistic sex, including sexual arousal by spanking. His work on violence in families is regarded as landmark research. See Research for more information. Feb 27/08 5th grade pupil dies in Pakistan after alleged beating by teacher The News, Karachi – A press statement by Pakistan’s Society for the Protection of the Rights of the Child condemns a brutal beating by a child’s teacher at a government primary school as the cause of the child’s death in hospital the next day. It said the teacher has a past record of inflicting corporal punishment on students and accused the authorities of being apathetic in implementing the ban on such punishment. Thus far, police have taken no action. Feb 23/08 New Zealand petition goes to parliament for certification Radio New Zealand – There are over 320,000 signatures on a NZ petition to reinstate the law that allows hitting children for discipline; a law that was repealed last June. The petition now goes to the clerk of parliament and will take about 2 months to certify. The government and its coalition partner, the National Party, see no evidence to reverse the June decision. See International Developments, New Zealand for more information. Feb 16/08 Schoolteacher and principal facing assault charges Toronto Star – A schoolteacher and principal at Old Colony Christian School in Aylmer, Ontario are charged with assault with a weapon after police allege several incidents of corporal punishment of 9 – 10 year old children. The school is a private school in an agricultural community. School boards determine the use of corporal punishment in Ontario schools and there is no province-wide legislation banning the practice. Click here for letter to editor on need for such a ban. Feb 15/08 UK Labour MPs urge govt to hold free vote on cp ban The Guardian - 50 senior Labour MPs ask colleagues to support a free vote on banning all parental corporal punishment saying it is a moral issue and should not be subject to a govt whip. MP Greg Pope said: ‘It is simply wrong that a form of violence that would lead to criminal charges if it was inflicted on an adult is lawful so long as a child is the victim.’ The MPs argue a free vote would satisfy the concerns of opponents of smacking, and allow ministers to put some distance between themselves and the issue. They expect to secure support from more than 100 Labour MPs. Feb 7/08 Manitoba father raises s. 43 defence in death of 4-year-old A father who shook and threw his 4-year-old daughter on a bed when she refused to go to sleep is convicted of manslaughter. The force of the throw caused the child to bounce off the bed, hit the wall and fall onto the floor. As a result, the child later died. The father appealed his conviction to the Manitoba Court of Appeal arguing that s. 43 is a valid defence because the child was ‘misbehaving’ and the force used was reasonable and intended to control or express disapproval of child’s conduct. It was therefore a lawful assault and could not be the basis for a manslaughter conviction. His appeal was rejected. See The Law, Judicial Interpretation of Supreme Court of Canada Decision for the Court’s reasons and for other decisions on s. 43. Feb/08 UK Public Policy Institute recommends corporal punishment ban In this wide-ranging 92 page report Make Me a Criminal: Preventing Youth Crime, the UK Institute for Public Policy Research argues for a more therapeutic and family based approach to youth offending. On page 7, it recommends banning corporal punishment of children as the third of several primary and secondary prevention recommendations. The other primary prevention recommendations are tackling child poverty and providing better support for families. Evidence from more than 40 years of research, it says, shows that hitting children increases the chances of aggression, anti-social and criminal behaviour. The Institute is the UK’s leading progressive think tank. Feb/08 CP in US African-American community is a legacy of slavery In a presentation for Black History Month, Jordan Riak, Founder and Executive Director, Parents and Teachers Against Violence in Education (PTAVE), writes: ‘Until children receive full protection against being assaulted and battered, the legacy of the plantation era lingers. This should have a special meaning for parents who are the descendents of slaves. The field boss’s whip reaches across the generations in the form of spanking, beating, switching, paddling, belting -- or whatever else one wants to call it. That message has its psychological roots in slavery.' Click here for full presentation. Feb/08 SpankOut Day April 30 in US, Canada and other countries SpankOut Day is an innovative US initiative designed to persuade parents and educators to stop using corporal punishment as a method of disciplining children. It began in 1998 and has since been adopted by groups in Canada and elsewhere as a day on which to organize events bringing attention to the dangers of corporal punishment and commending parents who use non-violent methods of discipline. For information and suggestions on how to mark the Day, see www.stophitting.com Jan 30/08  Abused baby abandoned in Toronto parking garage CBC News – A baby girl, about 8 months old, is found abandoned in the frigid stairwell of a Toronto parking garage. Police say she was bleeding from the mouth and showed signs of obvious trauma. The baby was spotted by a passer-by, was taken to hospital, and is now in foster care. Jan 30/08  Some 2007 decisions re S. 43 noted on Law chapter See The Law, Judicial Interpretation of Supreme Court of Canada Decision for assault charges against daycare teacher and parents. Jan 27/08  Referendum likely on New Zealand ‘smacking’ ban Glisborne Herald, NZ – Opponents of New Zealand’s May/07 ban on corporal punishment have inaugurated a petition for a referendum on the ban. If the petition is signed by 10% of registered electors, the referendum will be held during the elections expected this year. The principal organizer of the petition is a former opposition MP. For more information, see International Developments, New Zealand. Jan 24/08  Norwegian Bishops challenge Biblical meaning of ‘chastisement’ Ekklesia.co.uk – The Bishops’ Conference of Norway has adopted a proposal by the Norwegian Ombudsman for Children to replace the word ‘chastisement’ in new translations of the Bible on the basis that such language is wrongly used to justify corporal punishment of children. The Bishops stated: ‘Today this word is unsuitable for reflecting what is involved when the Bible speaks of parents’ responsibility to raise and guide their children’. Jan 22/08  Most Council of Europe members commit to banning cp Council of Europe – Thomas Hammarberg, the Council’s Commissioner for Human Rights announces that a majority of the 47 member states of the Council of Europe have committed to ending corporal punishment of children. Full prohibition in law, he says, has so far been adopted by 18 member states and at least 7 others have publicly pledged to do the same in the near future. If they do, Europe will be more than halfway to universal prohibition. The announcement is a follow-up to the Council’s 2004 call for a Europe-wide ban of corporal punishment. Jan 18/08  Edmonton foster mother charged in death of 3-year-old Globe and Mail – A 32-year-old foster mother who has 2 children of her own was charged in Jan/07 with 2nd degree murder after a 3-year-old boy died of severe head injuries while in her care. The foster mother will stand trial for the murder of the child. Jan 16/08  Saskatoon woman charged in death of 7-month-old girl Toronto Star – Woman, age 26, charged with 2nd degree murder in death of baby girl who was brought to hospital in Sept with what police described as suspicious injuries. She died 2 days later. A preliminary autopsy indicated blunt force trauma to the head. Jan 10/08  MP accused of ‘callous response’ to beating of children in India Globe and Mail – While on an official visit to Punjab state, India, Liberal MP Ruby Dhalla’s purse was stolen by 2 children. The children, around age 9, snatched the purse at a public event when the MP’s back was turned. They were quickly apprehended and, according to The Times of India, ‘beaten black and blue’ by the police before being taken to jail. The Times reported that Ms. Dhallas’s initial response was ‘I cannot control what the police do…I hope these young kids learn from this incident’. It characterized her response as ‘shockingly callous’. Ms. Dhalla replied that media reports were blown out of proportion and that the children were not beaten black and blue. She said they were not bruised and asked that they be released from jail. Jan 9/08  Ontario mother charged with aggravated assault on 3-year-old son Toronto Star – The child suffered severe burns to his hands in Oct/07 when they were dipped into boiling water. Doctors at Toronto’s Hospital for Sick Children say he will require extensive physiotherapy until he is about 18 years old. His 22-year-old Belleville, mother is charged after a 2-month police investigation. Dec 20/07  NZ police review their approach to ‘smacking’ ban Deputy Police Commissioner, New Zealand – A police review finds no increase in the number of smacking events police attended during the 3 months since NZ banned corporal punishment The Deputy Commissioner says claims that the repeal of NZ’s reasonable force defence would lead to the prosecution of parents and removal of children from their homes for minor acts of physical discipline have proved unfounded. See International Developments, New Zealand for more information. Dec 20/07   Spain 24th country to ban physical punishment of children Reuters – Over opposition by the conservative Popular Party, the Spanish parliament  amends its Civil Code to make it clear that the physical and psychological integrity of children must be respected. Until this change, Art. 154 of the Code allowed parents to ‘administer punishment to their children reasonably and in moderation’. The UN Committee on the Rights of the Child had called for removal of this provision. Dec 18/07  Chile bans corporal punishment of children www.crin.org/ – At the request of Michelle Bachelet, President of Chile, the Chilean Senate Committee on Justice unanimously agrees to amend Art. 234 of Chile’s Civil Code. The amendment removes the provision that allows parents to punish their children as long as it does not amount to ‘abuse’. The Code now states that correction excludes all forms of physical punishment. Other amendments authorize Family Courts to be notified of any physical punishment and take preventive measures to protect children. The Minister of Justice welcomed the Committee’s decision and is developing a ‘Treat Children Well’ campaign to make the public aware of this change in the law. Dec 13/07  Ontario father charged with murder of teen-age daughter Globe and Mail – Muhammad Parvez, a 57-year-old cab driver from Mississauga, Ont is charged with murder in the strangulation death of his 16-year-old daughter, Aqsa. The daughter died in hospital on the night of Dec 12 after a man called police to say he had killed his daughter. Prosecutors will decide later whether the circumstances warrant a charge of 1st or 2nd degree murder. The man’s 26-year-old son has been charged with obstructing police in their investigation. The father is in custody pending his next court appearance. Aqsa’s school friends say she argued with her father, a devout Muslim, about having to wear the hijab headscarf and had been sleeping at the homes of friends to avoid her family. The case has drawn international attention and sparked a debate about the role of Islam in the West. The Imam at the Islamic Fdn of Toronto maintains that it is not just about Islam but also about parenting issues and anger management. Two weeks previously, he had held a parenting issues event for his congregation that included representatives from Children’s Aid and govt agencies. Dec 10/07  Venezuela bans corporal punishment of children www.crin.org/ – The new law defines corporal punishment as the use of force with the intention of causing any degree of physical pain or discomfort to correct, control or change the behaviour of children and young people. It is the culmination of a campaign stressing that corporal punishment is a violation of the human rights of children. The law now states that all children and young people have a right to be treated well; that parents and teachers should use non-violent methods of education and discipline; and that all forms of physical and humiliating punishment are prohibited. It also obliges the state and society to ensure that policies, programs and protection measures are in place to abolish all forms of physical and humiliating punishment of children and young people. Dec 12/07 Senator Cochrane to reply to 2nd reading speech on Bill S-209 Hansard – Senator Gerald Comeau, Deputy Leader of Govt, asks the Senate to reserve 45 minutes for Senator Ethel Cochrane to reply to Senator Hervieux-Payette’s Nov 14 speech that began 2nd reading debate on Bill S-209. Senators agree. Senate rules give Senator Cochrane 5 more weeks (when Senate in session) to reply. This means that unless she does so before the Christmas recess, her reply would be sometime in Feb/08. Senator Cochrane spoke against Senator Hervieux-Payette’s previous bill to repeal s. 43 (Bill S-207). See Senate Bill to Repeal S. 43 chapter, June 26/06 items, for her remarks and our comment. Dec 12/07 Senator Poy speaks in support of Bill S-209 Hansard – Senator Vivienne Poy reminds senators of the work done by the Senate Cmttee on Human Rights in examining Canada's international obligations with respect to children's rights; its conclusion that section 43 violates the UN Convention on the Rights of the Child; and that Art. 19 of the Convention mandates the protection of children from all forms of physical or mental violence, injury or abuse. Click here for full speech. A statement by Senator Lorna Milne the next day pursues the international obligations theme; noting that while Canada ratified the UN Convention on the Rights of the Child in 1991, ‘we are disrespecting the terms of this convention by maintaining section 43 of the Criminal Code’. She also refers to the Supreme Court decision Canadian Foundation for Children, Youth and the Law v. Canada, saying that limiting legal approval of hitting children by restricting hitting to certain ages, degrees of force and parts of the body is not a viable solution to the problems posed by s. 43. See Senate Bill to Repeal S. 43 for link to statement and other information. Dec 7/07 New Zealand father pleads not guilty in test of NZ law reform Nelson Mail – A father, Rowan Flynn, is charged with 2 counts of assault on 11-year-old son by hitting him 5 times on the bottom with a wooden spoon and for ‘clipping’ him on the face about a week later. The son called police. The 52-year-old father says the boy was disobedient and that as a father, he believes very strongly in ‘smacking’ as a form of discipline. ‘I'm a Christian and believe it's what I've been commanded to do.’ He says he is prepared to go to jail for his ‘right as a parent and a Christian to hit his child’. The son had been living with him after the parents separated. See International Developments chapter, New Zealand, for other information. Dec 3/07 Prof. Murray Straus supports Massachusetts bill to ban spanking Centre for Effective Discipline – There has been intense public scrutiny of a bill in the Mass. Legislature that would ban spanking children. Professor Murray Straus, co-director of the Family Research Laboratory and professor of sociology at the University of New Hampshire agrees with the bill. A top researcher in his field, Straus has studied spanking by examining large and representative samples of American parents since 1969. Straus says spanking is not effective as discipline and that the harm it causes is reason enough to abandon it. ‘One review of 119 studies found a 93 percent agreement in the results, showing the harmful effects of spanking. There is nothing else in child research where the results are so consistent and yet are ignored. There is a cultural myth that spanking may sometimes be necessary’. Nov 27/07 27 No jail for day care operator in violent shaking of baby Toronto Star – A Quebec day-care operator who violently shook a 6-month-old baby girl causing 2 brain hemorrhages is sentenced to 20 months to be served in the community. The baby spent 1 month in hospital as a result of the assaults. The 45-year-old woman had operated a centre in her home near Montreal for more than a decade. Nov 27/07 UN appoints Special Rep on Violence against Children Child Rights Information Network – The appointment follows the release last year of the UN Secretary-General’s Study on Violence Against Children. More than 1,000 non-governmental organizations from 134 countries signed a petition calling for the appointment of the Special Representative. However, the NGO Advisory Council expressed deep regret that the resolution had once again failed to explicitly identify corporal punishment among the many forms of violence that states are urged to prohibit and eliminate. This is a key recommendation made both by UN Secretary-General’s Study on Violence Against Children and the Committee on the Rights of the Child. The only country voting against the resolution was the United States. Nov 27/07 New Zealand Press editorial supports smacking conviction NZ TV3 News –Hitting back: The pro-smacking lobby continues to use hysteria and selective facts to drag the country back to a place which belongs in the past, says The Press, in this editorial criticism of the NZ pro-smacking lobby. Click here for editorial. Nov 26/07 New Zealand Herald editorial supports smacking conviction NZ Herald – Smacking law is working and critics need to accept the fact: Good parents do not bruise kids: The first conviction under the Crimes (Substituted Section 59) Amendment Act 2007, says the editorial, has probably realized the worst fear of those who opposed it: that, far from bringing an end to orderly family life as we know it, the law would be applied with wisdom and common sense and people would be stopped doing something they ought not do. Nov 22/07 New Zealand father pleads guilty in first test of NZ law reform NZ TV3 News - The first parent prosecuted after New Zealand removed its ‘reasonable force’ defence pleads guilty to assaulting his 8-year-old son and is given a 9-month supervision order requiring parenting and anger management classes. The father became angry after being told his son had caused problems at school, grabbed him by the shoulder, flipped him over his knee and ‘smacked’ him on the bottom 3 times with his open hand. The assault left bruises and was reported by the man’s wife. Nov 21/07 Uruguay ends ‘moderate’ physical correction of children Prensa Latina, Montevideo - Uruguay abolishes article 261 of its Civil Law that empowers parents to ‘moderately’ correct their children. The main opposition to change came from the National Party on the grounds that children have always been smacked throughout the world for ‘good guidance’. The change in the law does not foresee sanctions if violated and will not come into force until enacted by the Executive Power of the government. Nov 20/07 National Child Day statement by Senator Hervieux-Payette Hansard – Honourable Senators: In 2004, the Children's Hospital of Eastern Ontario put together a coalition of national organizations concerned about child welfare. The coalition's purpose is to ban corporal punishment. Over 270 organizations have signed a Joint Statement on Physical Punishment of Children and Youth. They believe the government should ban outright the use of corporal punishment as a way to discipline children. All these organizations believe that respect for the fundamental rights of children means banning corporal punishment. I urge you to offer them your full support to protect children's rights. Nov 20/07 National Child Day question by Senator Munson Hansard – Question to Senator LeBreton, Leader of Govt in the Senate: The president of UNICEF Canada says there is no national focus on the child in Canada. Our report Children: The Silenced Citizens recommends a national children's commissioner. Is the government ready to implement that key recommendation by our Senate committee? Senator LeBreton: The government is well aware of the committee's recommendation and has responded to the report but has not addressed that particular issue. Nov 20/07 National Child Day question by Senator Hervieux-Payette Hansard – Knowing that Canada is violating children's rights to life and security by maintaining section 43 of the Criminal Code, can the Leader of the Government in the Senate tell us when her government plans to amend the legislation and comply with the convention? Senator LeBreton: If the Senator is specifically asking about her bill, we will let the bill make its way through Parliament before commenting on it. Nov 15/07 Sask Child Advocate says ‘paper rights’ not good enough Star Phoenix – In an opinion piece for National Child Day, Marv Bernstein, Saskatchewan Children’s Advocate, says children’s rights must go beyond words on paper. It is now 18 years since Canada ratified the UN Convention on the Rights of the Child, he writes, so Canadian youth who reach 18 as of Nov 20 are the first generation born with rights under this Convention. However, ‘these rights have not been sufficiently implemented and have been relegated to mere ‘paper rights’. The piece also appeared in the Regina Post and globeandmail.com. Click here to read. Nov 15/07 Murder convictions/sentences of Farah Khan parents upheld Globe and Mail – The Ontario Court of Appeal upholds the murder convictions and sentences of the parents of 5-year-old Farah Khan who was beaten to death and her body dismembered in 1999. See April 22/04 News/Archives item re this case. Nov 14/7 Govt responds to Senate Human Rights Report on UN Convention Hansard – The federal government responds to the Senate Committee on Human Rights Report Children: The silenced Citizens. This report deals with a wide range of issues re implementing Canada’s obligations under the UN Convention on the Rights of the Child, including a recommendation that s. 43 be repealed by April 2009 and that the Department of Justice study existing common law defences to assault. The govt responds with 2 paragraphs on page 16 stating that it has published 3 booklets on positive parenting and that in 2004 the Supreme Court found s. 43 consistent with the Charter and the Convention. No reference is made to studying common law defences to assault. The 29-page govt Response can be read on the Parliamentary website. Nov 14/07 Senate begins 2nd reading of Bill S-209 to repeal s. 43 Hansard – Senator Hervieux-Payette moves 2nd reading of her Bill S-209 to repeal s. 43. She refers to international commitments, research, defences to assault and other key issues. Click here for full speech. Nov 13/07 Open Letter to Senators re National Child Day and Bill S-209 Over 130 Canadian organizations endorse an Open Letter to Senators urging them to mark this year’s Nov 20 National Child Day by voting for Bill S-209 to repeal S. 43. Toronto Public Health and the Repeal 43 Committee sponsored the letter. It lists national, provincial and local organizations concerned about the rights and protection of children and was sent by post and email to all senators. In addition to listed organizations, the SCAN program at Toronto’s Hospital for Sick Children and The Regional Municipality of Peel, Ontario, also announced support for the Open Letter. National Child Day celebrates the UN Convention on the Rights of the Child adopted by the General Assembly in 1989. Click here for Open Letter (English and French). Nov 13/07 Montreal man pleads guilty to beating 3-month-old baby Globe and Mail – A 19-year-old Montreal man pleads guilty to 2 counts of aggravated assault on a 3-month-old baby boy. The baby was beaten and choked and could have permanent brain damage as a result. Nov 12/07 Corporal punishment predicts early childhood behaviour problems EPOCH USA – A study reported in the Sept/07 vol 21 of the American Psychological Assn. Journal of Family Psychology indicates that parental corporal punishment uniquely contributes to negative behavioural adjustment in young children. Click here for this 9-page report. Nov 12/07 Public hearings begin into pediatric forensic pathology system Toronto Star – The public hearings part of the inquiry into Ontario’s pediatric forensic pathology system begins in Toronto. Led by Ontario Court of Appeal Judge Stephen Goudge, the inquiry was sparked by a review of 45 child deaths in which Ontario pathologist, Dr. Charles Smith, conducted autopsies. The review found that Dr. Smith made questionable findings of foul play in the deaths of a number of children. It is expected that more than 30 witnesses, including Dr. Smith, will be called and recommendations made in April. Nov 9/07 Supreme Court orders new trial in death of Trotta infant Toronto Star – The Supreme Court of Canada orders a new trial for the parents of 8- month-old Paolo Trotta on all charges ranging from criminal negligence to murder in the child’s 1993 death. At the time, the cause of death was dismissed as SIDS but reconsidered on exhumation after their other child was brought to hospital with a broken thigh and bruises on the buttocks. In the parent’s appeal, the Crown conceded that pathologist, Dr. Charles Smith, may have made errors but contended there was ample evidence that ‘horrendous abuse’ caused the baby’s death. The Court held that even without the faulty forensic analysis, there was evidence from which a properly instructed jury could support the convictions. The Crown intends to re-prosecute on all charges. Some background from press reports at the time is given below. Marco Trotta, the baby’s father, was convicted in 1998 of 2nd degree murder and his wife, Anisa, of criminal negligence and failing to provide the necessities of life. The court found she was aware of the abuse and elected to do nothing. The father has served 9 years of a life sentence and the mother has completed her 5-year sentence. They were age 29 and 25 at the time of the death. In May and June/98, the Toronto Sun and Toronto Star reported testimony by the maternal grand-mother that she frequently asked her daughter about bruises on the baby’s face; a witness explained the mother covered-up for the father because she ‘worshipped’ him; another described the ‘fanatical cleanliness’ of the father; and neighbours told of hearing his foul tempered shouting when the baby cried. On June 27/98, the Star reported the trial judge’s findings that the infant had suffered a continuous barrage of assaults by the father until death; including slaps to the head, beatings, broken limbs and bites – all in an apparent attempt to show the baby who was boss or to deliver ‘macho-type’ discipline. He convicted both parents. Nov/07 Repeal of corporal punishment law victory for New Zealand children EPOCH Fall Newsletter – Beth Woods, spokesperson for EPOCH – New Zealand, praises the NZ Parliament for repealing s. 59 of its Crimes Act. Although a majority of the public did not initially support repeal, support grew as debate progressed in Parliament. An example was an ecumenical service at the Anglican Cathedral shortly before the vote was held. It was attended by senior clerics from different Christian churches, the Prime Minister, Helen Clark and many MPs. The strongest opposition came from vocal, well-organized groups whose religious convictions include physically punishing children. Oct 26/07 Boyfriend in ‘house of horrors’ abuse appeals 8-year sentence Globe and Mail – The man convicted in the ‘house of horrors’ physical and sexual assault of his girlfriend’s 4-year-old daughter (see Sept 27/07 news item) appeals his 8-year prison sentence. The Crown, which had sought up to 15 years in prison, is cross appealing for a sentence longer than 8 years. Oct 25/07 General Dallaire puts corporal punishment in global peace context Globe and Mail – General (now Senator) Roméo Dallaire is quoted by columnist Lawrence Martin as telling peace and disarmament crusaders that ‘Just as corporal punishment is not an acceptable way of disciplining children, violence and physical aggression are not an acceptable way of resolving disputes between nations.’ The occasion was the launch of Douglas Roche’s new book Global Conscience. Mr. Roche is the former Progressive Conservative MP for Edmonton, Canada’s disarmament ambassador, and senator who retired in 2004. Oct 24/07 Chief Justice McLachlin says Canada must address child abuse CBC News – The abuse of Canadian children undermines the future of the country, says Chief Justice of the Supreme Court of Canada, Beverley McLachlin, in an address to the Muriel McQueen Fergusson Fdn., a charity that funds research into domestic violence. ‘What is needed is a hard-headed look at why child abuse continues and what can be done to stop it… Canada must seek out the causes of abuse and understand them, if children are to be protected’, she said. Comment: In her 14-page speech, the Chief Justice singles out poverty, bullying, humiliation, aggression, custody fights and sexual abuse as examples of the abuse of children. She says we must prevent child abuse and recognize its causes and asks: What can be done about it? More particularly, what has the law done and what more can it do? The CJ says the criminal law has been altered to see children as being fully human and possessed of human dignity and rights. As examples, she cites more vigorous police pursuit of child abusers, better methods for allowing children to testify in court, relaxation of hearsay evidence rules and the hearing of victim impact statements. Although the law no longer views children as the property of their parents, she believes our attitudes too often place the interests of the parents above those of the child. The CJ’s comments are more than a little ironic given the decision she wrote for the majority of the Supreme Court in the 2004 constitutional challenge to s. 43. This s. 43 defence to ‘correctional’ assaults on children by parents and persons acting as parents was challenged on the very basis that it humiliates children and violates their rights and dignity. In addition, research was submitted to the Court showing the connection between hitting as discipline and physical abuse. Instead of ending this defence, the majority of the Court elected to continue it in a reinterpreted version. The opportunity to prevent much of the abuse and bullying the CJ condemns was therefore lost. The decision was not mentioned in the written version of her speech. Click here to read it. Oct 23/07 Sentence hearing for 12-year-old girl who killed family members Globe and Mail – At a sentence hearing for the Alberta girl convicted of 1st degree murder of her father, mother and 8-year-old brother, the Crown prosecutor describes her as suffering from a host of mental afflictions, including conduct order. According to expert evidence, factors contributing to conduct disorder can include child abuse and traumatic experiences and often first present themselves as defiance in middle childhood. Described as highly intelligent, the Crown seeks a 10-year sentence that will include Intensive Rehabilitative Custody by psychiatrists, psychologists and caseworkers. After release, she will qualify for up to $100.000 per year in additional therapeutic resources. Oct 17/07 New Senate Bill S-209 introduced to repeal Section 43 Senator Hervieux-Payette’s Bill S-207 to repeal s. 43 died when the government prorogued Parliament in Sept/07. When Parliament resumed on Oct 16, the Senator introduced her new Bill S-209 with the same purpose and identical wording as her previous one. The Senate was in adjournment for 2 weeks since resuming in Oct and the bill has not yet come up for 2nd reading. Click here for new Bill. Oct 4/07 Portugal amends criminal law to ban corporal punishment Global Initiative to End All Corporal Punishment of Children, London – Portugal amends its Penal Code to make it an offence to inflict corporal punishment on a child. The new law came into force Sept 15/07 and ends the uncertainty created by Portugal’s Supreme Court decisions in 1994 and 2006. Oct 1/07 New abuse claim against Christian Brother at BC schools A 40-year-old BC man files a civil claim against the Christian Brothers and Roman Catholic Archdiocese of Vancouver arising out of alleged physical and sexual abuse at 2 schools in Burnaby, BC. The Christian Brother, Edward English, had taught at both schools when the plaintiff was in grades 7 and 8 in 1978-80. He alleges repeated sexual and physical abuse, including beatings on the bare buttocks with a leather belt. He states he has attempted suicide, suffers from addiction, depression and cannot keep a job. English also taught at Mount Cashel in Newfoundland and in 1991 was sentenced to prison for abuse of boys at that school. Oct 1/07  Child abuse a major  problem in Ontario OACAS News Release - Child Abuse Prevention Month Begins today. In 2006/2007, the Ontario Assn. of Children’s Aid Societies received more than 160,000 calls about child protection concerns from citizens, neighbours, health professionals, teachers or police officers. This is a 25% increase over 2000/2001. The number of children and families receiving services from CASs keeps increasing, indicating that Ontario must continue to take the necessary steps to end child abuse and neglect. ‘Our children are precious and the most vulnerable citizens of our society, they deserve a life free of fear and violence,’ said Jeanette Lewis, Executive Director, OACAS. Sept 29/07  Quebec teacher investigated for threatening pupils Globe and Mail – Several pupils allege their music teacher in a Quebec grade school lost his temper and threatened to harm and even kill them. The children are afraid to return to class and police are investigating. Sept 27/07  Man sentenced to 8 years for abuse of girlfriend’s 4-year-old Globe and Mail - A 26-year-old Edmonton man is sentenced to 8 years for sexual assault, assault with weapon, common assault, threats and unlawful confinement of girlfriend’s 4-year-old daughter. Witnesses testified the child lived in a ‘house of horrors’. A Sept 25 report from the Toronto Star states the child is so traumatized she cannot sleep, learn or form normal emotional relationships. The former girlfriend is sentenced to 2 years house arrest for common assault and causing a child to be in need of protective custody. Sept 26/07  Father sentenced to 12 years in death/injury of shaken infants Toronto Star – Quebec father sentenced to 12 years for shaking 2 infant boys, including his own son who died from the trauma. The other infant suffered a brain hemorrhage and broken leg. Sept 22/07  Police inquire into abuse at Grenville Christian College Globe and Mail – Ontario police are studying allegations by former students who claim they were abused and assaulted at this Anglican college in Brockville. The college accepted children from the age of 6 and recently closed because of declining enrolment. The students allege physical, sexual and psychological abuse dating back to the 1980s. Former headmasters deny any wrongdoing. In an Aug 31 Globe article, students described the school as a bizarre environment in which they were ordered from their beds in the middle of the night to sit in the dark while teachers and staff shone lights at them and repeatedly accused them of ‘being sinners’. The school is associated with a US organization labeled a cult by American media. The bishop of the diocese in which the college is located said he had been aware of ‘controversy around styles of leadership’ but that he wouldn’t ‘blow a whistle on them’, and that complaints made were not serious enough to warrant investigation. Sept 19/07  Mother charged with murder in toddler’s death Toronto Star – Toronto mother, age 22, charged with 2nd degree murder in death of her 18-month-old son who died in hospital.  The child showed obvious signs of trauma. An autopsy concluded the injuries were ‘submersion-type burns’. Sept 18/07  Soldier father charged with assaulting infant triplets Globe and Mail - A 24-year-old father, based in a military housing complex in Winnipeg, is charged with assault causing bodily harm to his premature, infant sons. Father has served in Afganistan and has been troubled with sleeping problems since his return. In-laws say they have repeatedly asked for help for the parents who also have a 2-year-old son and were reaching a ‘breaking point’. They say no help was given. Sept 18/07  Father accused of scalding 2-year-old daughter Toronto Star – Toronto father pleads not guilty to aggravated assault, assault causing bodily harm and assault with a weapon for the bathtub scalding of his 2-year-old daughter. He testified the scalding was an accident when he left child in tub while answering telephone and was too confused to call an ambulance or take her to hospital. Sept 14/07  Father charged with murder in death of infant daughter Globe and Mail – Manitoba father, age 20, charged with 2nd degree murder in death of 1-month-old daughter. The child died from injuries suffered at her home in Thompson. Sept 13/07  Parents charged with aggravated assault on 5-month-old Toronto Star – Toronto parents, both in their thirties, are charged with beating their 5-month-old daughter. Police allege the infant had been severely beaten since birth and had 27 fractures when treated in hospital. Sept 13/07  Chimp research shows importance of supportive mothers Toronto Star – After 20 years of research on chimpanzees, ethnologist Jane Goodall, concludes it is increasingly clear that young chimps have a much better start in life if mothers are affectionate, protective, playful, patient and supportive than if punitive and harsh. Saying her studies offer insights into humans as well, she told reporter John Goddard that seeing the grim situations some children endure in their early years makes it easier to understand their later dysfunctional behaviour. Sept 5/07  Daycare worker charged with assaulting 3-year-old boy Globe and Mail – Toronto daycare worker, age 54, charged with assault for ‘forceful grabbing’ of 3-year-old boy. She has worked at the centre for almost 20 years and police suspect there may be other victims. Police say hitting or spanking is not involved. Sept 3/07  Mother charged with murder in death of 3-year-old daughter Toronto Star - Toronto unemployed, single mother is charged with 2nd degree murder in death of  3-year-old daughter. There was ‘visible trauma’ to the child’s body and an autopsy showed she died from ‘pressure on the neck and chest’. Police were alerted by landlord because of a burning smell from apartment. The  32-year-old mother had no history of  involvement with CAS or police. Neighbours described the little girl as very bright and cheerful. Sept 3/07  UK inquiry held into restraint technique used on 14-year-old A 14-year-old boy hanged himself some hours after being restrained by staff in a privately run training centre in Durham, England. A ‘nose distraction technique’ in which the boy was struck on the face left him covered in blood. He had a history of mental health problems, drink and drug abuse, suicidal tendencies and self-harming. On being forcibly returned returned to his room, he struck out at staff who then struck him at the base of the nose. An inquiry into his death calls for an urgent review of restraint techniques that involve punching children. Sept/07  UNICEF Canada calls for national Children’s Commissioner UNICEF Canada supports the recommendations of the Senate Standing Committee on Human Rights in its report, Children: The Silenced Citizens and believes a nationalChildren’s Commissioner is crucial to focus national responsibility and accountability for the implementation of the UN Convention in Canada’s federal system. This has been a recurring recommendation of the UN Committee on the Rights of the Child and is a primary recommendation of the UN Secretary General’s Report on Violence Against Children. Aug 31/07  Senate  debate on bill to repeal s. 43 will resume in Sept/Oct The debate on Bill S-207 will resume some time after Parliament returns from summer recess. Aug 27/07  Couple charged with assault on 9-year-old girl Toronto Star – Police allege the child’s hands were deliberately burned when the couple, both in their thirties, pushed the child’s hands against a pot of boiling water. The incident occurred when the girl was visiting her mother and mother’s boyfriend. Both are charged with assault with a weapon. Aug 1/07  Caregiver charged with manslaughter in death of 2-year-old Globe and Mail - A 52-year-old Winnipeg woman is charged with manslaughter in the death of a 2-year-old boy she had been caring for (along with 2 other children) in her home. She claimed the 2-year-old had fallen down stairs in July. He died the day after the fall. The charge was based on autopsy results. July 28/07  Supreme Court of Canada affirms child's interests are paramount Globe and Mail editorial – The Supreme Court of Canada rules unanimously that in decisions under provincial child protection laws, the child’s interests must come first even though addressing the needs of the child may result in indirect harm to the family. The case arises from a $40 million lawsuit brought by the child’s parents and other family members. The 14-year-old daughter had written a story at school alleging her parents had physically and sexually abused her. The parents claimed this was a delusion and no criminal charges were laid. After a year in treatment facilities, the girl consented to become a Crown ward. The editorial says the SCC dismissal of the parent’s action clears up the confusion as to whose interests are paramount in child protection cases. ‘If this wasn’t obvious before, it should be now’, it concludes. The editorial also states that preventing or successfully treating a single case of conduct disorder – which may include violence, vandalism, truancy or running away from home – is estimated to save $1.7 million in lifetime costs of special education, justice and mental health. Comment: This July 27/07 Ontario judgment, Syl Apps Secure Treatment Centre v. B. D., can be read on the SCC website. The family claimed that treating the daughter as if she had been abused was negligent and caused her to stay away from her family, thereby depriving the family of a relationship with her. The judgment makes it clear that the Ontario Child and Family Services Act is designed to protect the best interests of the child, not those of the family. July 27/07  Canadian Paediatric Society warns of children’s mental health problems Toronto Star – The Canadian Paediatric Society reports that about 14% of children and youth under age 20 – over 1 million in number – suffer from mental health conditions that affect their lives and that there is a potential shortage of doctors to treat them. It estimates that these conditions will increase over the next decade. It also asks for a national injury prevention strategy to correct the current ‘patchwork’ of policies. A 2007 UNICEF study ranks Canada 14th out of 26 OECD countries in deaths from accidents and injuries among children and youth. The Report was released June 29/07 and is noted below. July 6/07  Alberta judge wants to bring back whipping for convicts Globe and Mail – In sentencing a man to prison for raping his former girlfriend in front of their 2-year-old son, Provincial Court Judge, Michael Stevens-Guille, laments the demise of corporal punishment for convicts and says that if he had his way, he would bring back whipping as punishment. July 4/07  New trial ordered for aggravated assault on baby boy Toronto Star – The Ontario Court of Appeal orders a new trial for a mother convicted of aggravated assault in 2005 on her newborn, premature son. The Court corrected the trial judge who had found the mother guilty for failing to protect the baby from assaults by the baby’s father. It was not enough, said the Court, that she had ‘stood by’ while the child was being assaulted. The Crown must prove that she intended to assist or encourage the assault. June 29/07  Man convicted of assault for violently shaking baby girl Toronto Star – A 32-year-old man who shook and severely injured his girlfriend’s 7-month-old baby girl in 2005 is convicted of aggravated assault endangering life. The man and baby were waiting in a van for the mother when he shook the baby to keep her quiet while he talked on the phone. The baby is now at the lower end of development as a result of the assault. June 29/07  Pediatricians call for federal and provincial Child and Youth Commissioners Globe and Mail – A 28-page report by the Canadian Paediatric Society titled ‘Are we Doing Enough?’ calls for an independent federal Child and Youth Commissioner to ensure that the voice of children is heard in legislative and policy matters. ‘In the absence of advocacy, the needs of children will be lost in a tidal wave of adult concerns’, the CPS president stated. Currently, only some provinces have child advocates and these are principally focused on children in state care. All provinces should have child commissioners with a wide mandate. June 29/07  Spanking paddles advertised free on Fox network PTAVE website - Joe Salvati, Pittsburgh, USA, thinks hitting children with a paddle is God’s way of disciplining them. He says God visited him while taking a shower and instructed him to make paddles available for this purpose and that he will continue to do so until God tells him to stop. Fox TV Inc. was so impressed that it gave him free advertising. Apparently, such products are commonly sold in gift shops and novelty stores in the US and are marketed by mail order. June 19/07  Senate committee reports bill to repeal s. 43 for 3rd reading Senator Hervieux-Payette’s bill to repeal s. 43 is reported by the Senate Committee on Human Rights to the Senate for 3rd and final reading without amendment or observations. Parliament resumes in Sept or October and it is possible that 3rd reading of the bill may take place then. See Senate Bill to Repeal S. 43 chapter for further information. June 15/07  Police seek witnesses to violent shaking of child in store Toronto Star – Police charge a father with assault after he was seen violently shaking a child in a Halton, Ont. Wall-Mart. He swore at the child and cursed a woman who witnessed the incident. June 15/07 Brazil launches national campaign against physical punishment The campaign, ‘Don’t hit, educate!’, is launched at the Presidential Palace by a network of Brazilian NGOs and attended by the country’s president, Lula da Silva, the Minister of Human Rights, other dignitaries and 100 children. The campaign host told the children “When an adult raises a hand to you, say ‘I’m just a child, let’s talk.” June 4-18/07  Senate HR C’ttee holds hearings on Bill S-207 to repeal s. 43 The Senate Committee on Human Rights heard 8 witnesses on Senator Hervieux-Payette’s Bill S-207 to repeal s. 43. Five presented in favour of the Bill and 3 against. Click Committee Hearings on Bill S-207 for main points made by witnesses. May 29/07 Provinces in South Africa pass spanking ban The National Council of Provinces (similar to our Senate) passes a bill to ban corporal punishment and abolish the ‘reasonable chastisement’ defence. The bill requires that offenders be sent to ‘an early intervention service’ such as a parenting program. The bill must now go to the National Assembly and President Thabo Mbeki for approval. May 16/07 National survey shows scant knowledge of SCC limits on physical punishment Toronto Public Health releases results of 2006 survey on public knowledge of the law allowing physical punishment of children and, in particular, of the limits placed on this law by the Jan/04 judgment of the Supreme Court of Canada. This national survey of 2450 adults showed that only 19% were aware of this SCC judgment and only a small minority of these were aware of all the limits on punishment placed by the Court. For complete information on TPH survey click http://www.toronto.ca/health/pdf/summary_report_200703.pdf. Comment: Given that the media mainly reported the SCC decision as 'spanking law upheld', and that the public does not generally read 90-page legal decisions (this one included 3 dissents), the survey findings are not surprising. It is also not surprising that the federal government has made no attempt to educate the public on these SCC limits. Doing so would have the unintended consequence of publicizing the fact that spanking and hitting young children are still legal in Canada. Since Health Canada advises parents that that 'it's never okay to spank children. It's a bad idea and it doesn't work', the government would in effect be promoting a practice it is trying to discourage. May 16/07  New Zealand repeals ‘reasonable force’ defence! With the support of almost all opposition MPs, New Zealand’s Green Party MP, Sue Bradford, has succeeded in ending legal approval of corporal punishment of New Zealand children. Her private members’ bill to repeal section 59 of its Crimes Act passed third reading May 16 with amendments by a vote of 113 to 7. Section 59 is a defence to assaults on children similar to s. 43 of our Criminal Code. The opposition conservative National Party initially opposed the bill but supported it with amendments allowing reasonable force for control but not for ‘correction’ and affirming that police have discretion not to lay charges where the force used is inconsequential and not in the public interest to prosecute. The bill will come into force one month after receiving Royal Assent in June. For more information click International Developments, New Zealand. May 16/07  Letter to editor re Senate Report and James Dobson Windsor Star – Referring to the April 26 report of the Senate Human Rights Committee, a writer to the Windsor Star disparages the report for ‘labeling spanking as violence’ and refers approvingly to Focus on Family founder, James Dobson. Dobson is the 71-year-old religious fundamentalist and extreme right-wing  Republican who advises parents to hit children as young as 15 months with a switch or paddle for ‘willful disobedience’. If children don’t stop crying within 5 minutes, ‘give them more of the same’ is Dobson’s advice. Ap 30/07  Spank Out Day April 30 SpankOut Day was initiated in the US in 1998 by EPOCH-USA to bring attention to the need to end physical punishment of children. It is observed in several countries, including Canada. Click www.stophitting.com for info on the kind of events held. Ap 27/07  Parents teach toddlers to hit/punch/kick each another Guardian Weekly – A UK grandmother and her 3 daughters in their 20s forced children, (age 2 and 3 years) of one of the daughters to punch, hit and kick each other. They videoed the children crying and fighting in the living room of the house. If the boy stopped fighting, he was sworn at and called a ‘wimp’ and a ‘faggot’ by the laughing and chatting adults. The father, a soldier back from Iraq, saw the 8-minute video, was horrified and contacted authorities. The grandmother told police the fight would ‘toughen them up’. She and daughters were given a 1-year suspended sentence and the children placed in care of other relatives. Ap 26/07  Senate Committee recommends repealing s. 43 by Ap/09 The Senate Committee on Human Rights issues its final report, Children: The Silenced Citizens and makes 24 recommendations on Canada’s international obligations concerning the rights of children, particularly with respect to the UN Convention on the Rights of the Child.  Its 2nd recommendation is that the federal government: immediately launch an extensive public and parental education campaign on negative effects of corporal punishment and need for alternative forms of discipline, call on Dept. of Health to undertake research on alternative methods of discipline and the effects of corporal punishment, repeal s. 43 of Criminal Code by April 2009, and direct Dept. of Justice to analyse whether common law defences – such as necessity and de minimis should be expressly available to person charged with assault against a child. Also included are recommendations on bullying and the establishment of a federal Children’s Commissioner to monitor implementation of the UNCRC. The recommendation to repeal s. 43 seems to have attracted the most press coverage. Click www.senate-senat.ca/rights-droits.asp for full report. Ap 25/07  Residential school left children ‘angry at the world’ Globe and Mail – In a native residential school north of Halifax, Nova Scotia, thrashings with a leather strap were a daily occurrence according to Isabelle Knockwood, author of Out of the Depths. The school principal during the 1930s denied this was excessive punishment even though some of the pupils had marks on their backs 3 months later. Most of these residential schools run by the Roman Catholic Church were closed in the mid 1970s. In 1992, the Archbishop of Halifax apologized for the suffering caused at the Halifax school. Ap 25/07  Court told Edmonton 4-year-old ‘covered in bruises’ Globe and Mail – Mother and stepfather charged with assault and unlawful confinement of 4-year-old daughter. The child was hit, slapped, handcuffed to furniture and called ‘stupid’ and ‘bitch’ for not obeying orders. The parents, both in their 20s, were reported by a roomer who bought marijuana from the couple. Ap 10/07  Quebec school board gives spanking lessons Le Journal de Montréal – (our translation) La Commission Scolaire Val–des–Cerfs, Quebec, offers parents a course in how to spank difficult children. During ten 3-hour sessions, the course offers advice on such things as rewards and anger management. One session dealing with punishment advises parents that if a 2-year-old won’t stay in a chair or corner for a time-out, the parent can spank the child. In order to gage the force of the spank, school psychologist and originator of the course, Richard Gagné, advises parents to try the force first on the thigh of a partner. School boards in the Montreal region do not offer such a course. Comment: Journal de Montréal Columnist Richard Martineau ridicules this advice and suggests that it’s the psychologists who need the spanking – not the children. In a speech to senators, Senator Hervieux-Payette said teachers don’t need a ‘Spanking 101’ course. What they need is advice that any form of corporal punishment by parents is totally unacceptable. Ap 6/07  Australian govt funds ‘anti-smacking’ campaign The Australian govt will fund a $2.5 million campaign advising parents not to ‘smack’ their children. The campaign will be carried out by a child welfare agency and will tell parents that smacking teaches children that violence is acceptable in later life, has an adverse effect on emotional development, undermines feelings of love and security, and can cause them to become anxious, fearful or rebellious. The campaign will be made available in 16 languages. Ap 3/07  US educator tells conference bullying spreading ‘like wildfire’ Toronto Star – Speaking to the third international conference on bullying, a California educator tells the ‘I am Safe Conference’ in Ottawa that children are growing up in a society where they see images of cruelty and violence every day and that teachers and parents need to intervene early to promote programs of kindness and caring. Kindergartens are suspending children as young as 3 for swearing and hitting. Bullies have to be dealt with, she said, but restitution, not punishment, should be the goal. Ap 3/07  School principal given absolute discharge for assault on child Globe and Mail – A Toronto public school principal pleads guilty to assault for throwing human excrement at a child in June/06. Information on the child is not given to protect his identity but the child is not a student at the school. The principal is a sister of Toronto’s deputy mayor and was described in ‘glowing terms’ by supporters. An absolute discharge means she will have no criminal record but her position with the school board is being reviewed. April 1/07  Political will needed for new push on early childhood development Toronto Star –  Political will is needed by Ottawa and Ontario to develop a national and provincial network of early childhood learning centres as proposed 8 years ago by Fraser Mustard and Margaret McCain in their Early Years Study. Their new report Early Years Study 2 provides a blueprint for such a network. The cost of centres would be 1/3 of the cost of future behavioural and mental health problems caused when parents lack the skills, time or money to supply the stimulation children need. Canada is last among 30 leading developed nations in investing in early learning. An estimated 25% of our children display learning and behavioural problems by age 6. Mar 30–Ap 5/07  UK ‘pillar of community’ guilty of horrific abuse Guardian Weekly – A 62-year-old foster mother, described as a Jehovah’s Witness and pillar of her community in Bristol, England is found guilty of sadistic and horrific abuse of 3 foster children over a 20-year period. The abuse only came to light when 2 of them left the home as adults. Although various doctors, a psychiatrist and dentist had treated the children and reports of concern had been investigated by social workers several times, no action was taken. They were schooled at home. Local authorities have begun a review of the case. Mar 30/07  Man pleads guilty to horrific beating of 6-year-old Toronto Star – Montreal man pleads guilty to aggravated assault for beating his girlfriend’s son in May/05. Bus passengers spotted the bruised child on the bus and notified police The boy is partly paralyzed and now walks with a limp. The 33-year-old boyfriend is sentenced to 5 years in prison. The mother is found guilty of failing to provide her son with the necessities of life and given a conditional sentence of 15 months. Mar29/07  Parents learn spanking is not good for mental development Toronto Star – The biggest fans of the parenting centres being funded by the Ontario government are often new immigrants who learn ‘many important things, like spanking is not good for the child’s mental development’ as one parent told the Star reporter.  The Ontario government recently granted $6 million to operate centres, half of which will go to centres located in 54 Toronto schools. The grant was announced days before publication of the Mustard, McCain, Shanker Early Years Study 2 calling for more such centres. Mar 29/07  Anti-bullying conference in Montreal on May 18 PREVnet –Promoting Relationships and Eliminating Violence is holding its 2nd annual conference, Rise up for Respectful Relationships! at McGill University in Montreal on May 18/07. PREVNet is a collaboration of academic, community groups, government and businesses led by Dr. Debra Peplar and Dr. Wendy Craig. For info and registration, contact Dr. Craig at craigw@post.queensu.ca. Mar 30–Ap 5/07  UK Commons committee calls for bullying inquiry Guardian Weekly – A House of Commons committee calls for a national inquiry into bullying in the UK because it fears the problem is downplayed by schools seeking to protect their reputations. It singles out Catholic schools, which, it says, should be forced to make a pubic commitment to stop bullying of gay pupils. All schools should be required to record instances of bullying, indicating whether they relate to race, faith, disability or homophobia. The committee also raised concerns about cyberbullying – said to be increasing. Mar 28/07 NZ bill to end ‘reasonable force’ defence close to passing New Zealand govt website – The Committee studying Green Party MP Sue Bradford’s Private Members’ Bill to repeal s. 59 of the Crimes Act concluded its hearings in February and recommends passage with amendments allowing parents to use reasonable force for restraint and control but not for correction. See International Developments, New Zealand for more info and a summary of recommended amendments. Final reading is expected to take place in April or May. Supporters believe it will pass. Mar 28/07  Senate report on rights of children expected soon The Report by the Senate Committee on the Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children is expected to be published around the end of April/07. Section 43 is one of several issues it will address. Mar 26/07  Early Year Study 2: Putting Science into Action The Council for Early Childhood Development publishes this follow up to the 1999 Mustard/McCain Early Years Study. Drs. Fraser Mustard, Margaret McCain and Stuart Shanker, President of the Council, authored the follow-up study. It finds that discoveries in molecular biology show an interplay between early experiences and how genes work, said Dr. Shanker. The healthy development of the brain is affected by positive early experiences in the child’s environment and sets the stage for future developments. These appear related to the amount of stress experienced by children in their early years. See the Council’s website for the full study. Mar 23/07  German judge removed for holding domestic violence culturally acceptable Globe and Mail – A Frankfurt judge refuses a divorce to a Moroccan woman on the grounds that Moroccan culture and the Koran accept corporal punishment of wives by husbands. The decision creates a public outcry with spokespersons for the Christian Democrats and women’s groups stating that in Germany only German law applies and that religion cannot be used to justify abuse. Germany’s Muslim Council criticized the decision, stating that violence is also grounds for divorce in Islam. The judge has been removed from the case. Mar 8/07  Psychiatric disorders associated with physical punishment Using a national survey on mental health, a 2006 US study published in Child Abuse and Neglect, 30, 1093-1103 finds that physical punishment in childhood, defined as minor assault such as being slapped, spanked, pushed, or shoved, is associated with an increased likelihood of major depression and alcohol abuse or dependence. Abuse, defined to include being kicked, hit with an object, beaten up or choked, was also associated with these and other psychiatric disorders. Mar 6/07  Netherlands 19th country to ban corporal punishment Ministry of Justice press release – The Dutch Senate passes a new law stating that parents must not use emotional or physical violence or other humiliating treatment in bringing up children. The law follows a government-commissioned study on the effects of banning corporal punishment in other countries and led the Minister of Justice to take the initiative in promoting this new law. Its objective is to set a standard for parents, help reduce child abuse, and comply with the recommendations of the UN Committee on the Rights of the Child. The Netherlands has no defence in its criminal code similar to s. 43. However, there is a cultural acceptance of corporal punishment by parents, and child abuse is a serious problem with 50,000 to 80,000 estimated victims each year. Hence, the new law is set out in its Civil Code – as is the case in several other European countries where such a defence to assault does not exist in criminal law. The govt believes the new law will make it easier for childcare workers to convince parents not to use corporal punishment in disciplining children. Feb 27/07  Aunt whips naked 7-year-old in front of schoolmates Washington  Post – The aunt of a grade 2 boy in a US, Maryland publicly-funded charter school orders the boy to strip and beats him with a belt in front of his teacher and classmates. Corporal punishment is banned in Maryland schools but it is allowed by parents. One of the pupils told her mother and she reported it to school authorities. The principal said it was a ‘family matter and shouldn’t have occurred in school’. The mother has withdrawn her daughter from the school and the case is being investigated. Feb25/07  UN targets 2009 for prohibiting all violence against children The UN Global Study on Violence against Children sets 2009 as the target for prohibiting all violence against children, including corporal punishment, saying nobody would suggest that a little bit of violence is acceptable. The UN Committee on the Rights of the Child welcomes this target and asks all countries to move quickly toward this goal, adding that concern about societal violence is questionable as long as we do not seriously address violence against children. Feb 23-Mar 1/07  UK parent-child relationship worst in Europe Guardian Weekly – UNICEF research finds UK children have worse relationships with parents than children in any other wealthy country. They are the most likely to feel left out, awkward and lonely. Various children’s agencies said that negative attitudes towards children must change and British parents must take time to talk and listen to their children. The number of UK youth who smoke, abuse alcohol and drugs, engage in risky sex and become pregnant at an early age is the highest in Europe. Feb 23/07  19th century philosopher Schopenhauer was so right! California lawmaker Sally Lieber’s bill to ban any hitting of children that causes physical or mental pain, and in particular, hitting with objects, or hitting a child under the age of 3 on the face or head is derailed by TV comics in the US who see it as fodder for ridicule and parody. Her bill has now been watered down since her plan to introduce it early this year. See Jan 18/07 news item below. As Schopenhauer said: All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident. How right he was. It may be a while before Californians advance to his second stage. Feb 22/07  Mother charged with aggravated assault on 3-year-old A 3-year-old Brampton, Ontario girl suffers cuts and bruises after being allegedly dangled over a third floor balcony by her 23-year-old mother. The child was spotted by a passer-by who called police. The child is now in the care of her father who was not present at the time. Feb 22/07  NZ bill to repeal ‘reasonable force’ defence passes 2nd reading Globe and Mail – The New Zealand bill to repeal the defence to assault in s. 59 of its Crimes Act passes second reading by a vote of 70-51 in spite of ‘deep opposition’ from some parents and Christian groups. Final reading is expected in a few weeks. See International Developments, New Zealand for latest information. Feb 22/07  NZ bill to end corporal punishment comes closer to enactment New Zealand Herald – Green Party MP Sue Bradford’s private members bill to repeal s. 59 of the Crimes Act passes 2nd reading by 70 votes to 51. (Section 59 allows reasonable force for correction in words almost identical to our s. 43. It was first read in Parliament in July/05 and, with govt support, was referred to a Select Committee for study. The Committee considered written and oral submissions from Oct/05 until Feb/07.) Third reading will take place in about 3 weeks and will deal with a proposed amendment by a National Party MP. His amendment would continue to allow force that causes 'transitory and trifling discomfort'. Bradford intends to fight this amendment 'tooth and nail' because while well meaning, it would continue to legitimize force and allow children to be ‘hit in some ways and not in others' and thus fails to give children the same legal protection that adults take for granted. Bradford’s Bill is expected to pass by a slim majority when it comes up for 3rd reading next month. Feb 12/07  SpankOut Day reminder from EPOCH-USA SpankOut Day is observed on April 30 each year in the USA and other countries, including Canada. Its aim is to encourage parents and caretakers to use non-violent discipline instead of corporal punishment. EPOCH asks organizations to sponsor informational events on the issue. Last year, organizations in Canada and eight other countries participated in this no-hitting day. Check www.stophitting.com for ideas on how to participate. Feb 11/07  Authoritarianism of religious right dangerous, says author Toronto Star – A new book, American Fascism: The Christian Right and the War on America, by Pulitzer Prize reporter, Chris Hedges, warns that authoritarian forces in the US aim to create a nation ruled by a fundamentalist interpretation of biblical law. In Toronto to debate Charles McVety, president of Canada Christian College, Hedges argues that America’s religious right is a mass movement that reflects many elements of fascism. In connection with this movement, he cites “ultra-conservative ‘family values’ advocate” James Dobson. Comment: Obedience to authority is a theme that runs through the pro-corporal punishment parenting books by Focus on the Family founder and president, James Dobson. Parental authority becomes the cornerstone for future obedience to authority in places such as school and work and, he writes, a wife’s willingness to yield to the ‘confident leadership’ of her husband will be influenced by her father’s authority. Feb 10/07  Quebec parents say grade 4 son caged in classroom Globe and Mail – Parents of a 9-year-old, grade-4 boy in a Shawinigan-Sud, Quebec school, complain about their son being placed in a semi-enclosed pen for being a ‘turbulent child’. The school board says it is normal practice to place turbulent children in an isolation area for about an hour so they can calm down. The parents contend the practice should end. Comment: This brings to mind school discipline techniques recommended by Focus on the Family founder and president, James Dobson. In one of his many books on child discipline, he relates how he and a 6th grade teacher constructed an isolation area in a remote corner of the schoolroom where a boy was ‘sentenced to a week in the isolation booth whenever he choose to be disruptive… and later spent one entire month in relative solitude…’ In another recommendation for classroom discipline, Dobson suggests a technique used by his schoolteacher wife on children in grades 2-5. She draws a scull and crossbones on the blackboard labeled ‘Poison List’ to which she explains ‘in ominous overtones’ that the name of misbehaving pupils will be added: this from America’s ‘best-selling classic’ for parents and teachers. Jan 30/07  Edmonton foster mother charged in death of 3-year-old Globe and Mail – A 32-year-old foster mother is charged with second-degree murder of a 3-year-old boy in her care. The boy died of head injuries in hospital on Jan 27 and had been in care since early Dec/06. His father said the child had bruises and burns on his body when admitted with serious brain damage. The foster mother is a single mother working at a local college. According to a Feb 1 report in the Toronto Star, she was caring for 2 of her own children and 4 foster children in the weeks before the boy’s death and was ‘feeling overwhelmed’. About 6000 children are living with foster parents or relatives in Alberta. Jan 22/07 Repeal 43 files brief and appears before Senate Committee The Repeal 43 Committee was invited to make a presentation on s. 43 to the Standing Senate Standing Committee on Human Rights. This Committee has been holding hearings since early 2005 on implementing Canada’s international obligations respecting the rights of children and issued an Interim Report in Nov/05. It is mainly concerned with how international treaties on the rights of children are negotiated, monitored and implemented, with particular reference to the UN Convention on the Rights of the Child. Since all violence against children is prohibited by the UNCRC, the Senate committee has solicited views on s. 43. Corinne Robertshaw filed a brief on behalf of the Repeal 43 Committee on Jan 22/07 and appeared before the Senate committee. Click here for copy of brief. Jan 18/07 Schwarzenegger has ‘open mind’ on Calif. spanking ban KansasCity.com – California Assemblywoman Sally Lieber’s plan to introduce a bill to ban spanking children under 3 years of age has sparked heated debate in California but Governor Schwarzenegger has expressed an open mind on the issue. Growing up in Austria, he says he was ‘smacked about everything’ but was exposed to different child-rearing strategies by his wife, a member of the Kennedy family. As a result, they use talking and withdrawal of privileges as discipline and have never spanked or hit any of their 4 children. Jan 18/07  Senator Hervieux-Payette named Leader of Opposition in Senate New Opposition Leader Stéphane Dion names Senator Céline Hervieux-Payette as Leader of the Opposition in the Senate. Senator Payette has introduced 2 Senate bills to repeal s. 43 of the Criminal Code. Her Bill S-207 has been referred to the Standing Senate Committee on Human Rights. See Senate Bill to Repeal S. 43 chapter for further information. Senator Payette was elected in 1979 and held Cabinet posts in previous Liberal governments. She was appointed to the Senate in 1995 and is a lawyer and member of the Canadian and Quebec Bars. Jan 9/07  Texas 4-year-old dies in fire fearing ‘spanking or something’ nbc5i.com – A 4-year-old boy dies in an Arlington apartment fire after his older sister tries unsuccessfully to rescue him. His sister says ‘he was so scared he didn’t want to listen to nobody because he knew he was going to get a spanking or something for starting the fire’. The boy had been playing with lighters around a Christmas tree. Jordan Riak, of the California based Parents and Teachers Against Violence in Education comments, ‘Being spanked throws children into a state of powerful confusion, making it difficult for them to learn the lessons adults claim they are trying to teach.’   Dec 22/06  Quebec pays $26 million for abuse in Catholic orphanages Globe and Mail – 1,700 adult Quebecers receive $26 million in compensation for years of abuse in Roman Catholic orphanages where they were interned because born out of wedlock. Their memories of beatings, name-calling and dawn-to-dusk farm work are still with them. Francine Fournier, a former head of the Quebec Human Rights Commission, said there was a systemic pattern of abuse in at least 9 orphanages. Punishments included punches, strappings and cold baths by nuns who were ‘very strict’. These victims, dubbed the ‘forgotten orphans’, are different from the ‘Duplessis orphans’ who were interned and abused in church-run psychiatric hospitals during the premiership of Maurice Duplessis because they were ‘illegitimate’. The Quebec govt paid compensation to them in 2001. Dec 20/06  Man charged with assault for ‘severely spanking’ stepson Ottawa Citizen – A 33-year-old Cornwall, Ontario, man is charged with common assault after police allege he ‘severely spanked’ his common-law wife’s 10-year-old son on Dec 12. The news report cites pressure to repeal the law (s. 43) that allows reasonable force by way of correction and criticism of this law by Stephen Lewis at a recent world forum on child welfare in Vancouver. Comment: The case is still before the courts, but because the man’s name is withheld to protect the identity of the child, it is not possible to identify the case and determine its status. Knowledge of the outcome of the case will depend on whether newspapers report it and/or whether any judicial decision is reported in the law reports. Often such cases are not reported and it is therefore difficult to find out how they are resolved. Dec 16/06  Settlement of residential school abuse will cost Canada billions Globe and Mail – The class action suit against the federal govt by thousands of children abused in aboriginal residential schools has been settled after years of dispute. It is expected that the federal govt will have spent as much as  $5 billion in restitution. Up to one-quarter of the estimated 80,000 people entitled to benefits were victims of physical and sexual abuse. Dec 14/06  Senate Bill S-207 to repeal s. 43 referred to HR Committee Hansard –  Senator Hervieux-Payette concluded debate on second reading of her Bill S-207 by reminding senators the UN has recommended that all countries, including Canada, prohibit all forms of violence against children, however light. The Senate agreed on second reading of the Bill and referred it to the Standing Senate Committee on Human Rights for further study. This Senate committee, she said, is holding hearings on the Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children and should be well placed to examine s. 43 of the Criminal Code. (These hearings have now been concluded but it is not possible to say at this time when hearings on Bill S-207 will begin. See chapter Senate Bill to Repeal S. 43 for history of Bill.) Dec 12/06  Taiwan bans corporal punishment in all learning institutions Humanistic Education Fdn – Taiwan’s Fundamental Law of Education is amended to ban corporal punishment in all public and private schools from kindergartens to universities. The amendment is in response to the UN’s study on violence against children and reads: The state should protect students’ rights to learning, to education, to their physical integrity and their human dignity, and should protect them from any form of corporal punishment, which constitutes a physical and psychological violation. Dec 2/06  UK mandates classes for parents of delinquent youth (In 1998, the UK govt introduced legislation allowing ‘Anti-social Behaviour Orders’ to be made against anyone whose conduct causes alarm or distress to persons not of their own household. These orders are made in civil courts and generally involve problems such as aggressive street behaviour by groups of youth and acts of nuisance by neighbours such as misusing fireworks and failing to clean up after dogs.) Globe and Mail – In 2005, as part of it’s ‘tough on crime’ agenda, the UK govt announced new ‘Asbos’ allowing restrictions on unruly youth without involving them in the criminal justice system. Parents of such youth are also targeted as a ‘first line of defence’ against anti-social behaviour by offering them parenting-support classes – in some cases under court order. Essentially, classes are based on principles of empathy, setting clear boundaries, communication, praise, and teaching children the consequences of their actions. So far, all parents have attended voluntarily and their response has been positive. In another approach, child psychologists are being provided to troubled areas of the country. Dec 1 &2/06  CASs fail to promptly assess and follow up reports   Globe and Mail – The Ontario Auditor-General’s in–depth audit of 4 Ontario CASs finds that in 1 of every 10 cases, initial assessment by the CAS was an average of 17 days later that the 24 hour deadline required by provincial child protection law. When the risk is assessed as ‘moderately severe’, the child is required to be seen within 12 hours or 7 days depending on the nature of the risk. In one-third of reported cases, children waited an average of 3 weeks before being seen. Ontario CASs conduct more than 82,000 investigations each year. Comment: Throughout 6 years of the constitutional challenge to s. 43, courts hearing the challenge held that s. 43 must be considered in the ‘framework of provincial child protection laws designed to prevent child abuse’; the implication being that s. 43 plays only a minor role in protecting children. This has also been a frequent theme in letters from ministers of justice. This implication that s. 43 plays a minor role in preventing abuse is contradicted both by research into the link between corporal punishment and abuse and the difficulties and delays of child protection authorities in responding to abuse reports. Courts and ministers fail to appreciate that child protection workers respond mainly after the fact, and often late, and that their role in preventing abuse is hampered by the law’s justification of hitting as a form of discipline. Dec 1/06  Ontario Law Reform Commission revived by provincial govt Globe and Mail – Ten years ago, the Ontario Law Reform Commission was axed by Ontario’s Conservative government. (Last year, the current federal government axed the federal LRC). However, Liberal Attorney-General Michael Bryant has revived the Ontario LRC saying law commissions play a vital role. They are free to consider legal reforms in contentious areas, explore new solutions to legal problems and ‘tackle social-policy issues that a government may be reluctant to address’. The new LRC will be attached to 7 law schools, the Law Society of Upper Canada, the Law Fdn of Ontario and the Ontario Ministry of Justice. Comment: No previous Ontario Law Reform Commission has addressed s. 43 but as long ago as 1977, the Ontario Human Rights Commission in its report, Life Together: A Report on Human Rights in Ontario recommended that Ontario’s Attorney-General consider initiating discussions with the federal govt ‘aimed at eliminating such discriminatory provisions from the Criminal Code’. Nov 27/06  B.C. govt appoints Representative for Children and Youth BC Govt website – Acting on a key recommendation of the Hughes report into the 2002 beating death of toddler Sherry Charlie, the BC govt announces the appointment of Mary Ellen Turpel-Lafond to be the Representative for Children and Youth as of Feb 1/07. Ms. Turpel-Lafond will be an independent officer of the legislature to advocate for children and families and investigate injuries and deaths in the child welfare system. She will be fully independent of the govt. A Select Standing Committee on Children and Youth is being established to work with her to foster better understanding of the system. Nov 24/06  Law students protest axing of Court Challenges Program Toronto Star – Osgoode Hall law students, carrying signs demanding ‘Access to Justice’, demonstrate against the federal government’s cancellation of the Court Challenges Program. The Program funded court cases challenging laws considered discriminatory and in violation of the equality rights guaranteed by the Charter. The protesters said the CCP was the only way disadvantaged groups and minorities could afford the cost of such cases. Comment: The challenge to s. 43 launched in 1998 is a good example of the kind of case that would not have been brought without this funding. It ended in a decision by the Supreme Court of Canada in 2004. See Sept 22/06 item below for previous comment. Nov 22/06  Susan Betinsky asks: Where are the child whisperers? Baltimoresun.com – Monty Roberts trains horses through non-violent means. Cesar Milan does the same for dogs. But where are the child whisperers who believe that inflicting pain is not the way to correct children? asks US law professor Susan Betinsky. Solicitude for animals, she says, led the way to protection for children – reminding us that little Mary Ellen Wilson was the victim of years of physical abuse by her foster mother until 1874 when the American Society for Prevention of Cruelty to Animals ultimately intervened to rescue her. Nov 21/06  Stephen Lewis and UNICEF call for repeal of section 43 Times Colonist – UN Special Envoy, Stephen Lewis, condemns Canada for violating the UN Convention on the Rights of the Child by continuing to condone corporal punishment under s. 43 of the Criminal Code. Under the guise of ‘reasonable’ force, children are subjected to ‘gratuitous, offensive and damaging violence’ he said at a world forum on child welfare in Vancouver. Nigel Fisher, president of UNICEF Canada, endorsed his comments. This call for repeal was widely reported in papers such as the Ottawa Citizen, Globe and Mail and National Post. Nov 20/06  National Child Day Open Letter to MPs calls for repeal An open letter to Members of Parliament co- signed by over 100 organizations appears in the Globe and Mail and the Toronto Star on Nov. 18 and Nov. 20 to mark National Child Day celebrating the UN Convention on the Rights of the Child. It calls on MPs to repeal s. 43 and send the message that children have the same right to protection from assault as all other Canadians. The letter also appears in the Hill Times, Ottawa, on Nov. 20. Click here to read the open letter. Nov 19-22/06 UN Violence against Children study launched in Vancouver Public Health Agency of Canada – The Canadian launch of the UN study Violence against Children will be held in Vancouver, Nov 19-22 as part of the World Forum 2006: FutureDirections in Child Welfare Conference. Paulo Pineiro, the author of the study will attend and Senator Raynell Andreychuk, Chair of the Senate Committee on Human Rights, will lead the Govt of Canada delegation. Nov 12/06 Europe should be a corporal punishment free zone Noticias.info - The Deputy Sec’y-General, Council of Europe says she wants Europe to be a “corporal punishment free zone”. Children are not mini persons with mini rights, she said. The UN study Violence against Children led by Paulo Pinheiro recommended that corporal punishment be prohibited and the Deputy-Sec’y opposes any effort to have the Council dilute its resolution supporting this recommendation. She also supports the appointment of a special representative to monitor progress in eliminating violence against children. Nov 8/06 US Court holds that belting and bruising child is not abuse News Channel 3 – The North Carolina state Court of Appeals rules that hitting and bruising a 13-year-old child with a belt is not abuse unless it causes ‘serious physical injury’. Examples of abuse are pulling out a child’s hair, burning or hitting with the fist; all of which require immediate medical attention. Nov 4/06 Addressing roots of crime - not quick fixes – best, says former CJ Toronto Star – Former Ontario Chief Justice, Patrick LeSage, says that Canada is not experiencing a “crime wave” as alleged by the media and public officials. Speaking to the Toronto Criminal Lawyers Ass’n re the government’s proposed “three strikes” law, he said that doing something about the roots of crime would be a better approach and reminded his listeners that an ounce of prevention is worth a pound of cure. Nov 3/06 NZ Committee to report on repealing corporal punishment defence EPOCH New Zealand  – The Select Committee studying a Private Member’s Bill to repeal s. 59 of the NZ criminal code will report back to parliament on Nov 22 rather than in Oct as intended. (See June 30/ 05 News/Archives item for note on bill.) As Parliament will begin Xmas recess soon after Nov 22, the report will likely be put over to 2007. Nov/06 Bill S-207 still before the Senate Bill S-207 is still before the Senate for second reading but there has been no further discussion on it. The Senate is occupied with government bills and these must take priority over Private Member’s bills. If there is an election in the spring, it seems unlikely that the bill will come up again in this parliamentary session. Nov 3/06 Three-year-old “spanked to death” in Georgia, USA www.weartv – The adoptive mother of  3-year old Amad King is convicted of murder and sentenced to life in prison. She testified that she lost control while spanking the boy more than 50 times with an object. Oct 24/06 Bishop’s College School sued for 1950-60 physical/sexual abuse Globe and Mail – A former student of this Quebec private school starts a class-action on behalf of himself and other students against a teacher for physical and sexual abuse in the 1950s and 1960s. He alleges that at age 14, the teacher called him into a private room and spanked him with a brush before fondling his buttocks. The teacher also acted as housemaster, chaplain, and choirmaster.  The suit comes at the same time as another class-action for abuse of students against Montreal’s Selwyn House school. Oct/06 Toronto Health “Spanking Hurts More Than You Think” campaign Toronto Public Health launched this campaign in Oct/04 for Child Abuse Prevention Month in collaboration with other community partners. The campaign is ongoing and consists of posters and leaflets in the Toronto subway and bus shelters and TV ads on some local stations and medical waiting rooms. Brochures and posters are distributed to over 3000 settings that serve children and families in Toronto.These inform parents and caregivers about the risks of physical punishment to children's growth and development, effective and safe methods of discipline, and where they can go for additional support and information. This is an excellent initiative by TPH and a model for campaigns by other cities. For more info click http://www.toronto.ca/health/children. Oct 23/04 Ont Ass’n of Children’s Aid Societies defends workers Toronto Star – Jeanette Lewis, executive director of the OACAS, says the Ontario child welfare system works with limited resources and overwhelming caseloads. When tragedies occur, privacy laws limit disclosure of information and workers often cannot explain their decisions because of privacy concerns. Ms. Lewis stressed that family, friends, neighbours and the general public must be the eyes and ears of CASs but that a recent survey shows that 55% of respondents said it is difficult report actual or suspected abuse by someone they knew. The comments were made in connection with a recent death in Barrie, Ont. Oct 19/06 Greece latest country to prohibit corporal punishment Endcorporal punishment.org – Greek Parliament passes new law stating “Physical violence against children as a disciplinary measure in the context of their upbringing brings the consequences of Article 1552 of the Civil Code.” The Article refers to various consequences for abuse of parental authority. The new law was drafted by a committee of government and non-govt bodies following a finding by the European Committee of Social Rights that Greece was in violation of the Social Charter. The Greek Ombudsman was disappointed that “corporal punishment” was not specifically referred to but ministers made it clear that this is included in “physical violence”. Oct 16/06 Ottawa Citizen lauds UN study Violence against Children Ottawa Citizen – The editorial expresses astonishment at the worldwide scale of abuse and the fact that the UN is speaking so firmly about it. It goes on to call it a sad truth that children have less protection than any other group and tend to be seen as property of adults. It quotes the study’s declaration that the adult justification of violence against children in the name of tradition or “discipline” must end. Click Articles/Letters 2006-1990 for letters re this Citizen editorial. Oct 14/06 Globe and Mail editorial on failure to protect children Referring to child protection failures in Newfoundland and Manitoba, the editorial states that there are deeply rooted failures in the child protection system in which the parent rather than the child has been treated as the primary client. Reviews conducted in Manitoba found that 20 children involved with protection authorities were killed between 2003 and 2006, mostly by parents or guardians, and that 24 children had committed suicide. When, it asks, will child protection agencies learn from all these tragedies? Oct 12/06 Manitoba calls for public inquiry into death of 5-year-old Five-year-old Phoenix Sinclair disappeared in June/05 and her body found in April/06. (See April 23/06 note on death.) The mother and her boyfriend have been charged with first-degree murder. Phoenix had been in care of child welfare authorities for most of her short life. The Manitoba government has called for an inquiry because of a “pattern of difficulties” in welfare services that include insufficient resources, training and standards. Oct 11/06 Children’s Day in Croatia promotes physical punishment ban Croatian Embassy – Croatia’s Family Act has prohibited physical punishment by parents and other family members since 1999. Its recent National Plan for the Rights and Interests of the Child includes labeling consumer goods, including milk containers, with a special sign alerting the public to this prohibition. Oct 3/06 Saskatchewan Children’s Advocate recommends repeal of S. 43 In a presentation to the Senate Committee on Human Rights, Sask. Children’s Advocate, Marvin Bernstein, recommended that the federal government repeal s. 43. He stated that the Supreme Court’s decision on s. 43 has reduced Canadian children to the status of mini-persons with diminished human rights. Even the Court’s limitations that appear to be absolute, he said, are being treated as discretionary by many lower courts. Sept 30/06 300,000 US schoolchildren disciplined with paddle in schoolyear New York Times – Federal statistics show that during the 2002-3 school year, more than 300,000 US schoolchildren were disciplined with one or more blows with a thick wooden paddle, sometimes with holes cut in it to make the beating more painful. 70% of these children were in the southern states of Texas, Mississippi, Tennessee, Alabama and Arkansas. In 28 other states, school corporal punishment has been banned.  Many organizations, including the American Academy of Pediatrics and Medical, Bar, and  School Psychologists associations, have spoken out against it. Adherents of the practice include James C. Dobson, founder of Focus on the Family and influential evangelical leader. Sept 22/06 McVety applauds cut to Court Challenges Program Press Release by CFAC – Charles McVety, president of the Canada Family Action Coalition, and president of Canada Christian College, Toronto, complains that “Liberal extremists” are changing the law   through “judicial activism” financed by the Court Challenges Program. CFAC describes itself as having “a vision to see Judeo-Christian moral principles restored in Canada”. One of the complaints McVety makes is that the Supreme Court of Canada is “criminalizing spanking”. Comment: McVety’s complaint refers to the Court’s Jan/04 decision limiting the scope of corporal punishment allowed by s. 43 – but not in fact “criminalizing” all spanking. Some of the Court limits were quite ambiguous but one was clear, viz, that s.43 can no longer be used to justify hitting children with objects. According to McVety and Realwomen, however, (Feb 2/04 LifeSiteNews) this limitation is “culturally insensitive for some faith groups which regard use of the hand in spanking as a problem.” McVety then adds,  “an inanimate object such as a wooden spoon could be used” and describes hitting with objects rather than the hand, as “logical advice”. Without funding from the Court Challenges Program, it would have been impossible for the non-profit group that challenged section 43 to bring this court action. Without this action, hitting children with objects would still be legal. McVety, his Coalition and Realwomen regret that the law no longer allows parents to hit children with wooden spoons. Hitting children with wooden spoons apparently accords with their Judeo-Christian vision and moral principles. Sept 22/06  Violence is major but neglected public-health issue Globe and Mail – Violence is a major, and largely neglected public-health issue, writes André Picard, the Globe’s public-health reporter. Referring to the recent Dawson College murder and suicide, he highlights the need to invest more in violence prevention. Instead of equipping schools with metal detectors, he suggests money would be better spent equipping them with counselors to help prevent violence. Comment: Violence prevention in the home is even more basic. As Murray Straus and other sociologists and psychologists have emphasized for years, corporal punishment of children makes the home the “cradle of violence” and hence a root cause of other domestic and societal violence. Legal approval of it must be ended and non-violent methods of discipline promoted to reduce this violence. Sept 21/06  Govt appoints pro spanking lawyer as Ontario judge Globe and Mail – The federal government appoints Toronto lawyer, David Brown, to Ontario Superior Court, Toronto region. Spokespersons for various groups active in promoting equality rights expressed concern that David Brown personally shares the views of the conservative “family-value” groups he has represented, such as Focus on the Family and Realwomen. He acted as counsel for both in defending spanking in the constitutional challenge to section 43. Comment: The concern expressed is certainly valid in so far as spanking is concerned. The PM’s new appointee has defended spanking personally on radio and TV as well as defending it as counsel. Sept 21/06  Netherlands to prohibit spanking www.libération.fr/monde – Justice Minister of the Netherlands has majority support for amending the Civil Code to make spanking (fessée) illegal, as is all other mental or physical violence against children in his country. The amendment would come into force in 2007 but it would still be acceptable to slap a child’s hands for such things as stealing candy. Advocates for the prevention of child abuse say that 50,000 to 80,000 children are victims of violence each year. The goal is to enact a new standard and avoid the use of spanking for discipline as an excuse for abuse. When the law comes into force, it will be accompanied by a publicity campaign and support programs for parents who are used to hitting for discipline. Sept 20/06  Bill in US Congress aims to ban sale of devices to hit children www,nospank.net – A bill to ban devices sold or marketed for the purpose of hitting or whipping children is introduced in the US House of Representatives by Rep. Ed. Markey, Massachusetts. The bill responds to mounting concern in the US over the sale of paddles, whips and similar objects for inflicting corporal punishment on children in the name of discipline. The bill is sponsored by Susan Lawrence, a member of the Board of Directors, Parents and Teachers Against Violence in Education (PTAVE) based in California. PTAVE is one of the most active and successful organizations in the US campaign against “paddling” children in US schools. Click here for text of bill. Sept 19/06  Senate Human Rights Committee urged to say no to spanking Winnipeg Free Press – Witnesses at the Winnipeg hearings of the Senate Standing Committee on Human Rights are told that s. 43 is sloppy legislation that still allows children to be hit and denies them equal protection of the law against assault. They are urged to say no to spanking.  One senator said he was “flabbergasted” to learn about this legislation on corporal punishment. (See “Sept/06 Senate hearings resume on children’s rights and UNCRC” for more information on committee.) Sept 8/06 Corporal punishment’s hidden Costs in black American community In These Times – “If the civil rights community began a movement to discourage corporal punishment among African-Americans, I believe it would do more to stem the tide of interpersonal violence than any other strategy”, writes Salim Muwakkil, senior editor of the website and also an op-ed columnist for Chicago Tribune. “Growing numbers of experts who focus on the black community are also raising questions about the high costs of using physical violence to punish children. Dr. Alvin Poussaint, a professor of psychiatry at Harvard Medical School who has written extensively on African-American issues, has long opposed the use of corporal punishment… One reason for the reticence  [on the issue among many black Americans] is the influence of the church. All spanking advocates need to do is cite a biblical justification not to spare the rod and for far too many, the case is closed”, he says in concluding his article. Sept/06  Summary and questions re Jeffrey Baldwin death See Jeffrey Baldwin Death for summary of information on the death of this Toronto 5-year-old at the hands of his grandparents and their conviction for his murder and for the unlawful confinement of his 7-year-old sister. Some questions raised by the case are noted at end of summary. Sept/06  Quebec decision on de minimus as a defence to assault A Quebec decision, The Queen v. Freedman, is an excellent review of the de minimis defence to assault and includes discussion of the Supreme Court of Canada decision on the constitutionality of s. 43. (De minimis refers to the rule that trivial offences should not be prosecuted.) The decision concludes that the de minimis defence is “well alive in Canadian criminal law”. It also touches on implied consent and prosecutorial discretion. A recent Saskatchewan case on s. 43 and the Supreme Court decision is also noted. See The Law, Judicial Interpretation of Supreme Court of Canada Decision. Sept/06  Senate hearings resume on children's rights & UNCRC During the week of Sept 18/06, the Senate’s Standing Committee on Human Rights resumes public hearings on Canada’s international obligations on the rights of children, and in particular, its obligations under the UN Convention on the Rights of the Child. These hearings will be held in western Canada in September and conclude in Ottawa in October or Nov/06. Hearings began in other parts of Canada and other countries in Dec/04. In Nov/05, the committee published an Interim Report Who’s In Charge Here? on how the federal government deals with the UNCRC and other international treaties. The committee is expected to issue a final report on specific issues of children’s rights, including corporal punishment and s. 43, in early 2007. There is still time for individuals and organizations to make a written submission to the Senate committee to advocate repeal of s. 43. See International Developments, Senate Report on Implementing UNCRC for information on the Interim Report. Aug 25/06  Auckland City Council, New Zealand, supports repeal of S. 59 defence Green Party MP, Sue Bradford, receives support from City of Auckland, New Zealand’s largest city, for her bill to repeal section 59 of New Zealand’s criminal law. Like our s. 43, section 59 allows corporal punishment of children. The City Council of Porirua also passed a similar resolution this month. A parliamentary Select Committee is presently studying the Bradford bill and is expected to file its report in late October/06. Aug 23/06  UN report on violence against children seeks to end physical punishment The report Rights of the Child is a worldwide report on violence against children by independent expert, Dr. Paulo Pinheiro. It covers violence in all settings, including the home, and is now being referred to the General Assembly for consideration and implementation.(See June3/05 news item “UN Secretary General’s Study on Violence against Children” for background of study.) The report finds that violence in the home in the form of physical punishment is too often perceived as inevitable and normal, particularly when no visible physical injury results. The lack of legal prohibition of such punishment reflects this “normalization” of violence. The report recommends that all such violence be prohibited, as children should never receive less protection than adults, and that children’s rights be publicized, education on non-violent forms of discipline disseminated, and a commissioner for children’s rights established by states. For full report see http://www.ohchr.org/english/bodies/crc/docs/study/SGSVAC.pdf Comment: Opponents of repealing s. 43 often argue that light slaps and spanking are not really “violence”. They need to change their perspective and see the raised hand of an adult over a small child from the child’s perspective – not merely from their own. It is interesting to note that the Supreme Court of Denmark recently held spitting in the face to be a violent act since it is an attack on a part of the body. Aug 17/06  Corporal punishment of black American children causing problems Chicago Tribune – Dr. Alvin Poussaint, a prominent black American Harvard psychiatrist, believes the beating of black children by parents is a cause of unruly behaviour and violence and the high rate of preschool expulsions. “Research shows the more you beat them, the angrier they get”. He believes this repressed anger may well erupt in unruly school behaviour and violence. Aug 16/06  BC’s children’s minister replaced due to failures in system Toronto Star – BC’s children’s minister, Stan Hagen, has been under fire for the past year for the way the BC Liberal government has handled children in care. One example is the death of Sherry Charlie. (See Feb 18/06 news item.) He is being replaced by Tom Christensen. Aug 9/06 Beating death of New Zealand twins fuels call for spanking ban Blomberg.com – The beating deaths of twin 3-month-old Maori boys has increased the call for measures to stem child abuse, including the repeal of the reasonable force defence of physical punishment for discipline. New Zealand’s Children’s Commissioner has again called for an end to this defence in order to give children the same legal protection from assault as adults. Corporations such as Body Shop International and Toyota are providing support for public education, parenting advice and fundraising on the problem of child abuse. July 27/06  BC mother charged in death of 2-year-old daughter Vancouver Sun – Two-year-old Hope Lincoln is the fourth first nations toddler to die in suspicious circumstances in as many years. Her 20-year-old mother is charged with second-degree murder. The child died in Bella Bella, BC, and was known to the ministry but not under its care at the time of her death. July 7/06  New fact sheet on punitive violence against children This fact sheet from one of Canada’s Centres of Excellence for Child Welfare is based on an analysis of the 2003 Canadian Incidence of Reported Child Abuse and Neglect. (See Research chapter for note on report.) It finds that physical punishment accounted for 75% of substantiated reports of physical maltreatment of children. In most of these cases, no physical harm was documented but 58% of the children exhibited either depression, anxiety, violence toward others or negative peer relationships. Spanking was the typical form of discipline used. The Centre of Excellence for Child Welfare in Manitoba is one of several Centres of Excellence funded by Public Health Agency Canada. For full fact sheet see http://www.cecw-cepb.ca/DocsEng/PunitiveViolence41E.pdf  July 2/06  Police probe death of 18-month-old boy Toronto Star – A Burlington, Ontario child was admitted to emergency last week suffering serious injuries and later died in hospital. Police were told the child was injured in a fall. More information is not being released until an autopsy is held. June 23/06  Ontario Ombudsman seeks power to probe child agencies Globe and Mail – The powers of Ontario’s Ombudsman, André Marin, are limited to investigating actions by the provincial government itself and do not extend to organizations such as children’s aid societies, school and hospitals. These organizations are provincially financed but operate at arm’s length from the government and are not subject to scrutiny by the Ombudsman. Ombudsmen in other provinces, however, have powers to deal with such organizations. Mr. Marin regards the failings of Ontario’s child protection system, as recently shown by the death of Jeffrey Baldwin, as precisely the kind of failings his office is equipped to handle. (See Ap 8/06 note re this death.) He calls on the Premier to expand his jurisdiction to allow such investigations. June 7/06  Quebec father sentenced in baby’s death Globe and Mail – A St-Jerome father who pleaded guilty to manslaughter is sentenced to 8 years, 10 months in prison. He shook his 2-month-old son to death in June 2004. May 20/06  Toronto mother acquitted in death of 14-month-old daughter Toronto Star – A 32 year-old mother, Isabel Martinez, is acquitted of second-degree murder in the Sept/02 death of her daughter from devastating head injuries. The child also had multiple bruises and a fractured wrist. The mother blamed the injuries on a fall in the bathtub and “rough play” by the child’s 3-year-old brother. Charges against the mother’s spouse were dropped. A pathologist testified that many of the injuries were consistent with shaken-baby syndrome. The mother’s lawyer conceded that although the bathtub fall may have happened, it couldn’t account for the child’s injuries. The judge told the jury they were “faced with a mystery” and as it couldn’t be solved, the mother was entitled to be acquitted. Comment: Statistics Canada classifies deaths like these as “Undetermined whether Accidently or Purposely Inflicted”. In the 1981 Robertshaw study of 54 deaths of children while in the care of parents or others, 19% of such deaths were classified in this way. Ap 23/06  Mother and boyfriend charged in death of 5-year-old girl Toronto Star –  The remains of a slain child believed to be 5-year-old Phoenix Sinclair are found in a garbage dump near Fisher River, Man. Her mother and boyfriend are charged with first-degree murder. According to CBC reports in Aug/06, the child spent most of her short life in the care of child welfare authorities. A news publication ban prohibits further information at this time. Ap 10/06  Vancouver’s decision to cut Child and Youth Advocate protested Press release by former Advocates – Former Vancouver Child and Youth Advocates and the Youth and Child Officer for BC call on Vancouver City Council to reverse its decision to cut the position of Advocate. Vancouver has had a Child and Youth Advocate since 1989 and the Advocate’s role is described as crucial in hearing from children and youth. It is ironic, states the release, that at a time when Judge Ted Hughes confirms the need for such advocacy, the City decides to end the position. Ap 8/06  BC judge recommends independent rep for children and youth Toronto Star – After the beating death of toddler Sherry Charlie by her uncle, Judge Ted Hughes led an inquiry into BC’s child protection system and found it a “unstable mess” because of budget cuts. He found the deaths of 715 children were not properly reviewed and recommends an independent representative for children and youth who would report directly to the BC legislature. Ap 8/06  Grandparents of 5-year-old Jeffrey Baldwin convicted of murder Globe and Mail – Jeffrey’s maternal grandparents, Elva Bottineau, 54, and Norman Kidman, 55, are convicted of second-degree murder in Jeffery’s Nov/02 death from starvation and pneumonia after suffering long-term abuse and neglect by the grandparents in their east-end Toronto house. They were charged in March/03 and their non-jury trial began in Sept/05. They are also convicted of unlawful confinement of one of Jeffrey’s sisters and sentenced to 8 years concurrent imprisonment on that charge. Second-degree murder carries automatic life sentence with minimum 10 years before eligibility for parole. In June/06 court held the grandparents must serve at least 22 and 20 years respectively before being eligible. Jeffrey was removed from his mother’s care in 1998 because of allegations of abuse. With the support of the Catholic Children’s Aid Society, Toronto, the grandparents were given custody even though CCAS files showed both had been convicted of child abuse years before. These old files were not checked. The grandparents starved Jeffrey and forced him to sleep in a filthy, unheated bedroom along with his 7-year-old sister. Four other adults living in the house ignored their plight. An inquest into Jeffrey’s death was announced in Ap/06 and will be held some time next year. Shortly after the conviction, Ontario’s Children’s Lawyer filed a civil action for negligence on behalf of Jeffrey and his 3 siblings against the Toronto CCAS, the grandparents, parents, and two aunts and boyfriends living in the house at the time of Jeffrey’s death. For more information and a note on some questions raised by this death, see Jeffrey Baldwin Death April 5/06  New Bill to repeal s. 43 introduced in Senate Senator Céline Hervieux-Payette introduces a new bill to repeal s. 43 as her previous bill died due to the federal election. Bill S-207 is identical to her previous bill and like it calls for repeal with a one-year delay in implementation to allow time to educate Canadians and coordinate action with the provinces. See New Senate Bill to Repeal S. 43 – April/06 Mar 31/06   Senator Hervieux-Payette to reintroduce bill to repeal s. 43 Liberal Senator Céline Hervieux-Payette intends to reintroduce her Private Member’s Bill to repeal s. 43 when Parliament opens next week under a new Conservative government. It will be the same bill she introduced in the Senate in December 2005 but will have a different number in the 39th Parliament. For the history of the bill in the last Parliament, see Senate Bill to Repeal S. 43. Mar 31/06  Manila Times editorial calls for spanking ban in home and school The Manila Times – It is a sign that we are not yet out of the Dark Ages, writes this major Philippines newspaper, that spanking is accepted as something parents have a right to do to their children. There is no “divine mandate” for such punishment. Studies indicate that even moderate spanking can ruin lives. About 26% of all children in Asia are victims of corporal punishment by parents, guardians and teachers. Leading exerts in pediatrics like Drs. T Barry Brazelton, Penelope Leach and Benjamin Spock all vigorously oppose spanking. The editorial concludes that if we want a peaceful, non-violent culture, it is time to ban this practice, including even its mildest form. Mar 25/06  Alarming suicide of native youth legacy of boarding schools Toronto Star – Suicide rates among native Canadian youth remain alarmingly high and most point to the treatment experienced by their parents in church run residential schools as the cause.  Often beaten or sexually abused in these schools, many parents suffered life-long shame and turned the same abuse on their children. About 90% of native people from the NAN nation in northern Ontario, said its Grand Chief, have been affected by these schools. In them, children were forbidden to speak their own language and not allowed to express their feelings. The result has been too many dysfunctional families that have “a tremendous problem with parenting”. Mar 15, 16, 22/06  Manitoba mother charged in death of 5-year-old Globe and Mail – The Manitoba government is at a loss to explain how Phoenix Victoria Sinclair, who spent much of her life in foster care, ended up dead on a remote reserve north of Winnipeg. Police allege the child was killed in June/05 after weeks of horrific physical and emotional abuse but her disappearance was only recently discovered. Her mother, Samantha Kematch, and mother’s boyfriend, Karl McKay, have been charged with first-degree murder. Mar 10/06  Calgary mother jailed for routinely tying 4-year-old daughter Vancouver Sun – The 29-year-old mother admitted tying the child to a couch for 6 - 8 hours over a 2 month period while she worked 8 hour days as a maid at a Calgary motel. The child was left in the care of her 6-year-old sister in a hot, darkened room. An anonymous call alerted the police. In sentencing, the judge stressed the mother’s disregard for the safety and dignity of the child. The Crown is applying for permanent wardship. Mar 3/06  More endorsers for Joint Statement on Physical Punishment 220 organizations and a number of individual Canadians have now endorsed the Joint Statement on Physical Punishment of Children and Youth. The Statement was developed in Sept/04 by a national coalition of organizations facilitated by the Children's Hospital of Eastern Ontario (CHEO) and initially endorsed by 138 organizations. It calls on the federal government to change the law to give children the same protection from physical assault as adults and to initiate public awareness campaigns on the harm of such punishment and the need for parenting education. Endorsements are received on an on-going basis. Organizations and individuals can read the Statement at http://www.cheo.on.ca/english/4220.shtml. Aussi disponible en francais. Feb 18, 25/06  BC Govt slammed for delay in reviewing Sherry Charlie death Globe and Mail – At an inquest into the Sept/02 killing of 19-month-old Sherry by her uncle, government officials acknowledged it had no immediate plans to give tribal agencies specific training on its “kith and kin” program and that checks on proposed family caregivers were “superficial in some ways”. The inquest revealed that the child had been abused some weeks prior to being beaten and kicked to death. Her death sparked several reviews of the case and concluded that an “unconscionably long time” was taken to complete the final review. The coroner’s jury recommended that the independent children’s commission, axed by the Liberal government after it took office in 2001, be reinstated. For other information, scroll down to Nov 9 and Aug 19/05 items. Feb 14/06  Joan Durrant gives keynote speech at NZ conference on child abuse New Zealand Herald – Canadian psychologist, Dr. Joan Durrant, is sponsored by the NZ Ministry of Justice to give the keynote speech at the 10th Australasian conference on child abuse and neglect in Wellington. Dr. Durrant is internationally acknowledged as an expert on Sweden’s experience in ending legal support for corporal punishment, has studied its effects over a period of 15 years, and supports its reform of the law. A private member’s bill to remove New Zealand’s legal defence allowing “reasonable force” to discipline children is currently being debated by a select parliamentary committee. The NZ government supported sending the bill to committee in order to facilitate an informed debate on the issue. Feb 11/06  Montreal teacher uses tape to stop “wandering” 5-year-old Toronto Star – The teacher faces disciplinary action for taping the boy to his chair and later taping his mouth to stop him wandering around the classroom. Two other students were also taped. Feb 3/06  No charges in decades of alleged abuse at PEI orphanage Toronto Star – A 3-year RCMP probe into allegations of physical and psychological abuse at Prince Edward Island’s Mount Hebert orphanage has ended with no charges laid. The alleged abuse dates back to the late 1920s and allegedly continued until it was closed in 1976. Difficulties in proving the identity of alleged abusers were cited as one of the reasons for not prosecuting. Jan 12/06  McVety’s answer to violence is to “roll back the clock” to more corporal punishment Toronto Star – At a community conference in Toronto’s Jane-Finch corridor to address the roots of crime, Dr. Charles McVety, president of the Evangelical Assn. and Canada Christian College calls on government to “roll back the clock to a time when parental punishment could be used as discipline”. “I’m not talking about abuse”, he assured his listeners, “but there has been an erosion of parental rights and a social drift that’s been coming for years…because of legal protections built in”. Comment: It is unfortunately too common for evangelical Christians like Dr. McVety to promote more violence – but of course not “abuse” – as the answer to youth violence. Rather than recognizing that hitting children in the name of discipline is one of the root causes of youth violence, Dr. McVety wants to give it more legal protection than it already has. He is no doubt aware of the Jan/04 Supreme Court of Canada decision that limited, but did not end, the justification for hitting children. Rolling back the clock to more of the same ignores Canadian and international research, legal reform in other countries, and, in the view of many Christians, the true spirit of their religion. Jan 22/06  UK children’s commissioners call for total ban on “smacking” BBC News – The four UK Commissioners for Children and Young People say Britain is failing to meet its obligations under the UN Convention on the Rights of the Child and the Council of Europe by failing to completely eliminate the defence of “reasonable chastisement”. This defence was limited by the government, but not entirely repealed, in 2004. Children, said the Commissioners, should have the same protection from assault as adults. Reminding listeners that the UN Committee on the Convention has stated that it “deeply regrets” the UK’s persistence in retaining this defence, they said the issue is not going to go away and the defence must be totally repealed. Jan 11/06  UK govt mandates parenting classes for anti-social behaviour Toronto Star – In an attempt to reduce anti-social behaviour by youth, local UK authorities can now require parents to attend classes on how to deal with anti-social behaviour by their children. Even opponents of other aspects of the government's Anti-Social Behaviour Policy have acknowledged that the new National Parenting Academy has genuine merit. The head of a UK public policy think-tank, initially skeptical of mandatory courses, expressed surprise that almost all parents attending the courses had been pleased with them. Jan 11/06  Tony Blair no longer believes in “smacking” his children The Independent, Online edition – UK Prime minister, Tony Blair, admits to “smacking” his 3 eldest children but says he has never hit his 5-year-old son, Leo. He disclosed his change of attitude to corporal punishment in launching the National Parenting Academy program referred to above. Children’s groups said that the difference between his attitudes now and in the past reflect the shift in social attitudes on corporal punishment over the past 20 years. Dec 17/05 Edmonton parents charged in horrific abuse of 4-year-old daughter Globe and Mail – Unnamed mother and step-father, both in their 20s, charged with assault, assault with a weapon, assault causing bodily harm and unlawful confinement for “torturous” abuse over a long period of time. In addition to assaults and being hand-cuffed to furniture, the child had been deprived of water and resorted to drinking liquid fertilizer. A person who had witnessed the abuse alerted the police. Although the child appeared physically healthy, she has suffered serious psychological damage. Dec 13/05  Union says New Brunswick failing to protect children Globe and Mail – The union representing more than 600 social workers say vulnerable children are at risk because the province has failed to hire enough child protection workers. It states that workers cannot meet minimum standards for contacting families because of insufficient staff and because too much time must be spent on administrative tasks. Dec 15/05  Woman killed by husband had history of spousal & childhood abuse Toronto Star – In a memorial service for Rose McGroarty, whose common-law husband has been charged with second-degree murder, friends said she would not disclose abuse by her 50-year-old husband. A cousin who grew up with her said that abuse by McGroarty’s caregiver began when 6 years old and living in a boarding house run by an Edith Sanders. “She learned early”, the cousin said, “to distract herself and not dwell on what was really going on”. In 2002, Sanders was convicted of enslaving and torturing children in her care and died in 2004 while on parole. Scroll down to Jan 15/03 for a note on the treatment of children in the boarding house run by Sanders. Dec 2/05  Toronto mother charged in baby’s death from brain injury Globe and Mail – A 24-year-old mother is charged with second-degree murder in the death of her 3-month-old baby girl. The baby died from a severe brain injury. The mother, Anna Sokotnyuk, had been living with her husband and was charged after a 10 month investigation. Dec 1/05  Pennsylvania becomes 29th state to ban school corporal punishment The Center for Effective Discipline in Columbus, Ohio reports that Pennsylvania is now the 29th US state to ban corporal punishment in all public schools. The Center reports that 10 states having the highest rate of striking students with paddles as a legal form of discipline are in the south, that black students are hit at a rate that is more than twice their makeup of the population, and that Texas accounts for 19% of all school paddling in the country. See our Links chapter for links to websites for the Center and other US organizations opposed to corpral punishment. Nov 30/05  Manitoba 3-year-old saves 2-year-old brother from drowning Globe and Mail – Tianna Neufeld, now 4, becomes the youngest person to receive an award from the Lifesaving Society of Manitoba. Her little brother had fallen into a dugout on the family farm. She instructed him to keep kicking his legs to keep afloat until his mother arrived to pull him out. Nov/05  Chicago proclamation encourages non-violent discipline Chicago City Council passes a resolution encouraging non-violent discipline with a view to reducing violence in society and especially within the family and towards children. The City resolved to promote mental health, family counseling, advocate for children, encourage the distribution of non-violent parenting literature and alternatives to corporal punishment. The resolution was submitted by Chicagoan, Michelle DiGiacomo. Nov 19/05  National Child Day Open Letter to PM to repeal S. 43 An open letter to Prime Minister Paul Martin signed by over 90 organizations appears in the Globe and Mail and the Toronto Star on Saturday, Nov. 19 to mark National Child Day on Nov 20. It calls on the Prime Minister to honour the UN Convention on the Rights of the Child by repealing s. 43 of the Criminal Code, recommending guidelines to prevent unnecessary prosecutions, and implementing a national education campaign on positive discipline. It also appears in the Hill Times, Ottawa, on Nov. 21. Click here to read the open letter. The UN General Assembly adopted the Convention on Nov 20, 1989. It was signed by Canada in 1990, ratified in 1991 and came into force in Jan 1992. In 1993, the federal government designated Nov 20 as an annual National Child Day to commemorate the Convention. Art. 19 of the Convention requires governments to take appropriate measures to protect children from all forms of physical or mental violence, injury or abuse. Art. 43 states that the principles of the Convention must be made widely known to adults and children alike. The open letter calls on the government to honour these commitments. At least 154 Canadian organizations have now clearly declared their support for repealing s. 43 by either writing individual letters to the Minister of Justice over the past few years or listing their names on the Nov 19/05 open letter to the Prime Minister. Click Supporting Organizations chapter for our updated list. Nov 18/05  School bullying mirrors society where violence is the norm Guardian Weekly Nov 18-24 – The Children’s Commissioner for England, Al Aynsley-Green, says a culture of violence is to blame for an epidemic of school bullying. A leading expert on young people, the Commissioner said that violence is the norm in many areas, including TV, the workplace and the home. His comments came soon after a 15-yar-old was stabbed in school and a 19-year-old jailed for killing a schoolmate who had bullied him for years. Nov/18  BC government fails proper review of hundreds of child deaths Globe and Mail — The BC government admits its failure to conduct proper reviews of 713 child deaths in the province. The failure stems from its closing of the Children’s Commission in 2002 as a cost-cutting measure. Before it was closed, the Commission completed about 150 comprehensive reviews annually. The NDP opposition has called the government’s lack of action “gross negligence” and urged it to reinstate the Commission. One of the deaths not properly reviewed at the time is that of Sherry Charlie. See Nov 9/05 note below. Comment: It is widely acknowledged by researchers that without proper reviews, many deaths from abuse are undetected. They are classified as accidental, undetermined, or resulting from unknown causes. As a result, the true numbers of child abuse deaths are underreported. Nov 17/05  Hearings on Senate Bill S-21 stalled in Senate The last hearing on Senator Hervieux-Payette’s Private Member’s Bill S-21 to repeal s. 43 was held on June 16/05 by the Senate Committee on Legal and Constitutional Affairs. Since then, this Committee has been dealing with government bills. As these take priority over PMBs, hearings will not resume until all government bills are dealt with. In view of the upcoming federal election, the fate of the bill at this point is uncertain. For background on S-21, see our chapter Senate Bill to Repeal S. 43. Nov/05  More judicial decisions interpreting s. 43 summarized Seven more judicial decisions in which s. 43 has been offered as a defence to assault charges against parents and teachers are summarized on our website. These are cases decided after the Jan/04 Supreme Court of Canada decision that interpreted the section. See The Law, Judicial Interpretation of Supreme Court of Canada Decision. Nov/05  Murder  trial of Jeffrey Baldwin’s grandparents continues The trial of grandparents, Kidman and Bottineau, for first-degree murder in the confinement and starvation death of their 5-year-old grandson continues in Toronto. The child died in 2002 while in the legal custody of the grandparents. They were charged in March/03 and the trial has continued off and on before a judge alone since early September/05. (Scroll down for our Mar 20/03 note on this case.) There have been frequent adjournments over admission of evidence and other procedural matters. When the trial is concluded, we will summarize the facts and comment on what can be learned from Jeffrey’s appalling life and death. Nov 9/05  Inquest to be held in killing of BC toddler by foster father Globe and Mail — In 2002, 19-month-old Sherry Charlie was killed in a fit of rage by her uncle, who was her foster father, because she would not stop crying. The uncle claimed the child died after being pushed down stairs by her 3-year-old brother. Although authorities knew this was not the cause of her death, the brother remained in the home for five months. An inquest is being held almost 31/2 years after the child’s death. Scroll down for our Aug 19/05 note on this case. Oct 28/05  Chicago resolution urges alternatives to corporal punishment A resolution encouraging non-violent discipline passes the Finance Committee of the City of Chicago and will soon go to full city council. It asks the city to support behaviour management strategies as alternatives to corporal punishment, help promote mental health and family counseling programs, and encourage and distribute positive, non-violent parenting literature via schools, churches, hospitals and community organizations. Oct 26/05  New Brunswick still lacks a children’s advocate Globe and Mail — As a result of horrific cases of child abuse and neglect, the New Brunswick legislature unanimously passed a law in 2004 providing for the creation of a children’s advocate. The position is still not filled. Some of the cases included decades of sexual and physical abuse of boys at the Kingsclear youth jail near Frederickton and the death of 2-year-old Dawn Brewer from neglect and dehydration while under the supervision of health and child protection officials. The recent suicide of a teenage girl living in a foster home has renewed calls for an advocate to be appointed. Oct 26/05 Swiss group calls for ban on corporal punishment Swissinfo web news — The Swiss Centre for Family Affairs, part of Switzerland’s federal government, recommends banning corporal punishment and other behaviour that is humiliating or degrading to children. It also recommends that awareness of the problem be raised and that a special ombudsman be created to look after children’s best interests. It describes the medical, police and judicial costs of child abuse as “enormous”. Oct 20/05  South American Commission calls for corporal punishment ban Press release by Commission — At a hearing in Washington DC, the Andean Commission of Jurists and Save the Children Sweden asked the Inter-American Commission on Human Rights to declare corporal punishment of children a breach of their human right to physical integrity and dignity. Paulo Pinheiro, a member of the Inter-American Commission and leader of the UN Secretary-General’s Study on Violence against Children welcomed the request. In addressing the UN General Assembly the week before, he called it perverse that children still had less legal protection from being hit and humiliated than adults. Oct 21/05  Quebec to tighten Youth Protection Act Globe and Mail — Quebec proposes to amend its YPA to shorten the time parents of abused or neglected children will have in which to show an improvement in their parenting skills. This will vary from 12 months to 2 years depending on the age of the child. The minister, Margaret Delisle, stressed that children have a right to a good and safe environment and that affection and proper care are needed for appropriate brain and emotional development. The proposed amendment aims to create stability in the child’s life by ending the frequent shuffling of children between foster and family homes. It will emphasize voluntary mediation over court action to reach this goal. Oct 18/05  US study finds abused boys likely to become abusive men Sympatico msn Health and Fitness — A study at the University of Pennsylvania School of Medicine finds that men who were abused as youngsters are more likely to commit domestic violence. The results provide circumstantial evidence that abused boys may “learn” that violence is an acceptable method of conflict resolution in the home, said the lead author of the study, adding that this needs confirmation by a larger study. The findings are reported in the Oct 18 issue of the Annals of Internal Medicine. Oct 17/05  Father sentenced to 8 years for killing baby son Toronto Star — A 28-year-old Quebec man, Simon Halle, is sentenced to 8 years in prison for killing his 3-week-old baby by hitting him on the head for not drinking from his bottle. The baby had been home from hospital for one week before his death. Oct 13/05  Toronto father charged with aggravated assault on toddler Toronto Star — The unconscious 15-month-old boy was admitted to a Toronto hospital with serious head injuries and seizures and has undergone surgery to relieve pressure on the brain. The police say that no weapon or implement was used and that the child appeared to have been hit by blows from the hand while in his crib. Oct 4/05  Over 100,000 reports of abuse and neglect reported in 2003 The Canadian Incidence Study of Reported Child Abuse and Neglect released today finds that over 100,000 reports of abuse and neglect were received by child welfare workers in 2003, not including reports received in Quebec. About 1/4 of these were reports of physical abuse. The study is released by Dr. Carolyn Bennett, Minister of State for Public Health and is the second such nation-wide study. Social Development Minister, Ken Dryden, was present at the release to show his concern about the problem of child abuse. The study shows a 125% increase in total reports over the previous study released in 2001. See Research chapter for more information. Sept 30/05  Class action sought on alleged abuse at elite Montreal school Globe and Mail — A former student of Selwyn House, an all-boys school in Montreal, files an action for negligence against the school for damages for allowing a teacher to sexually molest him and others in the 1970s and 1980s. The school was attended by many of the city’s anglophone business elite. Students described the teacher as a strict, authoritarian figure who used a fishing rod to beat them. “Anything the teacher told you to do, you did”, said one former student. The court is being asked to certify the suit as a class action. Sept 30/05  Chile finally makes woman abuse a crime Globe and Mail — For the first time in its history, domestic physical assault becomes a crime in Chile. Previous to this, it was only a violation of the country’s Civil Code. Psychological abuse will also be included as a criminal offence. Women leaders claim that domestic abuse is so common it is seen as a normal part of marriage. Minimal reporting and a lack of national statistics have hidden the problem. New family courts with specialized judges will be established. Sept 8/05  NZ Christian group issues pamphlet supporting “rod” iol.co.za website — During New Zealand’s national elections in Sept/05, a Christian group issued a pamphlet claiming that parents have a Christian duty to punish children by using a “stiff, flexible rod”. The pamphlet was a response to a Green Party MP’s Private Member’s Bill to repeal s. 59 of the Crimes Act — a defence to assaults on children similar to our s. 43. Supporters of the bill and the Children’s Commissioner condemned the pamphlet. With the support of the governing Labour Party, and over opposition by the conservative National Party, the NZ parliament voted in June to refer the bill to its Justice Committee. Although its majority was reduced, the Labour government was re-elected for a third term and the Justice Committee continues to study the bill. Aug 25/05 Australians start campaign to end ‘reasonable force’ defence Australian Courier-Mail —  A group of Australian psychologists in Queensland begin a campaign to end the Australian equivalent of our s. 43. They have asked MPs to introduce a bill to repeal this section of the Australian Criminal Code but want ‘trivial’ punishments exempted. The minister responsible said she would consider the request. Aug 19/05  Incomplete criminal check on foster father who killed child Vancouver Sun — 19-month-old Sherry Charlie was killed by her foster father in September 2002, three weeks after being placed with him by a Vancouver Island aboriginal child protection agency. The foster father, Ryan George, was her uncle and was acting as foster father under the province’s “kith and kin” plan. George had a history of violent offences and was on probation for spousal assault at the time of the placement, but BC guidelines for criminal record checks did not include checking for assault convictions. He is now serving a 10-year prison sentence for manslaughter. A government report concluded that the ministry had failed to properly train workers on how to use the guidelines. Aug 15/05  Is a bruise an injury? National Post — In an article dealing with health issues, a Post columnist answers a question that sometimes arises in assault cases against caregivers who hit children hard enough to cause a bruise. In such cases, red marks dismissed as minor may be more serious and painful than is realized. A bruise (also called a contusion) is an injury that begins as red or purple but changes colour over a 10-14 day period and ends as a fading brown, says the Post writer. It causes leakage of blood from small blood vessels but does not break the skin. They can occur either beneath the skin, between muscles, or to the bone. The latter is the most severe and usually the most painful. If the bruise is to the tissue surrounding muscles, there may be swelling but little discolouration. Aug 15/05  Woman who won civil suit for father’s abuse claims $1.6 M National Post — A BC woman was badly beaten and psychologically abused by her father during her teens and had attempted suicide. One beating was so bad that a doctor said she was lucky to survive. The father was convicted of assault causing bodily harm. The daughter won a civil action against him in 1999.  The BC Supreme Court is now assessing the amount of damages to be awarded. Aug 9/05  RCMP call death of Alberta 2-year-old suspicious Globe and Mail — An injured 2-year-old admitted to hospital in Brooks, Alta. is transferred to the Children’s Hospital in Calgary where he dies. Autopsy results are not yet available but the RCMP considers the death “suspicious”. July 25/05  New website chapter on Senate Bill to repeal s. 43 See Senate Bill to Repeal S. 43 chapter for copy of Senate Bill S-21 and information on its progress. This is a Private Members Bill introduced in the Senate on Dec 2/04 by Quebec Senator Céline Hervieux-Payette. It would take effect one year after enactment to allow time for the public to become informed about this change in the law. On March 10/05, the Senate approved the Bill in principle and referred it to Senate Standing Committee on Legal and Constitutional Affairs for study. Hearings began on June1 before this committee and continued on June 2, 8, 9, 15 and 16. They are expected to resume in the fall when Parliament returns. Supporters can email Senator Payette at hervic@sen.parl.gc.ca or write her at The Senate, Ottawa, K1A 0A4. June 30/05  New Zealand bill to repeal CP defence goes to committee New Zealand Herald — NZ parliament refers a Green Party MP’s Private Members Bill to repeal s. 59 of the Crimes Act to committee for consideration. Section 59 is the same defence to assault as s. 43 of our Code. The govt. expects the bill to be debated soon. If passed, NZ would be the first common law country to remove this defence allowing corporal punishment of children. The sponsor of the bill said she was appalled at the idea of any compromise that would qualify s. 59 by continuing to allow lesser forms of assault. June 17/05  Mother of 6-year-old charged with aggravated assault Toronto Star — The mother of the severely burned and beaten boy who was spotted by Toronto bus passengers on May 21 is charged with aggravated assault and criminal negligence. A charge of aggravated assault has also been laid against the mother’s boyfriend. The assault took place in the woman’s home. The child, described as fighting for his life in a Toronto hospital, is now in a rehabilitation center. A 2-year-old sibling is in CAS care. 2005  James Dobson: new book — same bad message James C. Dobson, US Founder and Int. President of Focus on the Family, extreme right-wing Republican party activist, and Christian psychologist who has “filtered man-made theories through the screen of Scripture” produces his New Strong-Willed Child; an updated version of his 1978 parenting book on the same topic. Beginning with his same story about beating the family dog into submission with a belt (“The only way to make [him] obey was to threaten him with destruction”), he believes this highly relevant to raising children, because just as a dog will challenge authority, so will a little child “only more so”. His first rule in childrearing is to teach respect for authority. As he writes in a 1992 book, this will be the cornerstone for the child’s respect for other authority figures later in life. To instill this respect, spanking can begin at 15 months with a “neutral object” such as a switch or paddle, rather than the hand, which is “an object of love”. This advice violates Canadian law as interpreted by the 2004 Supreme Court decision and should be dealt with as any other writing that counsels a violation of our Criminal Code. June 16/05 Realwomen oppose Bill S-21 at Senate committee Realwomen appear before Senate committee to oppose Bill S-21 that calls for repeal of s. 43. Stating that it takes no position on spanking and does not advocate it, it opposes the Bill claiming that if s. 43 is ended and spanking is reported, it will have to be investigated and would be “the go-ahead for an army of social workers to intrude into family life”. See Senate Bill to RepealS. 43 chapter for more information on the hearings. Realwomen, along with Focus on the Family, the Home School Legal Defence Assn. and the Family Action Coalition were the principal interveners as the “Coalition for Family Autonomy” that supported the government in opposing the constitutional challenge to s. 43. At the end of this hearing, the Senate Committee adjourned to deal with government bills — which take priority over private bills. As it intends to call more witnesses, hearings on S-21 are expected to resume in the fall when Parliament returns. A brief note on the other hearings appears below. June 15/05  Justice Minister opposes S-21 at Senate committee Dept. of Justice lawyer appears before the Senate committee on behalf of Justice Minister, Irwin Cotler. She states that the govt. does not condone physical correction but opposes Bill S-21 on the grounds that the full force of the criminal law should not be brought to bear on parents for a “mild, non-injurious spank”. June 15/05  Uncle charged in death of 3-year-old niece Globe and Mail — A Brampton, Ontario man is charged with 2nd degree murder in his niece’s death.  Police have not released any information except that the child’s back was broken and the father lives in India. The death was reported as an accidental drowning. June 9/05  Home School Assn. opposes S-21 at Senate committee The Home School Legal Defence Assn. was part of the “Coalition for Family Autonomy” that intervened to support the government’s opposition to the constitutional challenge to s. 43. It tells the Senate committee that it takes no position on whether spanking is correct and opposes S-21 because any unwanted touching is assault with a penalty of up to 5 years in jail. The individual rights and autonomy of parents, it states, is a tradition that must be protected. June 8/05 Fdn. for Children supports S-21 at Senate committee The Canadian Fdn. for Children, Youth and the Law, the organization that launched the constitutional challenge to s. 43, addresses Senate Committee citing 3 basic reasons in support of Bill S-21, i.e., human rights, our obligations under the UN Convention on the Rights of the Child, and social science evidence that shows no benefit to spanking or other forms of corporal punishment. June 8/05 Council of Europe confirms CP ban in Italy and Portugal Art. 17 of the Council of Europe’s Social Charter requires member states to prohibit corporal punishment of children in the home and school. In a complaint to the Council’s Committee of Social Rights that some members had not done so, the Committee confirmed that Italy and Portugal were in compliance because of Supreme Court judgments in1996 and1994. However, the Committee noted that neither Italy nor Portugal had done enough to educate their populations about this change in the law. The Committee also referred to positive developments in Greece, Ireland and Belgium that would soon lead to legislative abolition. June 3/05 UN Secretary General's Study on Violence against Children This study was inspired by the UN Committee on the Rights of the Child and in Feb/03, the Secretary General appointed Dr. P. S.Pinheiro as its head. Nine regional consultations are being held throughout the world to draw together existing research and relevant information about the forms, causes and impact of violence affecting children and young people. The North American regional consultation will be held in Toronto on June 3/05. A major report will be published in 2006 and recommendations presented to the General Assembly. June 2/05  Global Initiative supports S-21 at Senate committee The Global Initiative to End All Corporal Punishment based in London, UK, addresses Senate Committee on internationaldevelopments to end corporal punishment, stressing that repealing laws justifying corporal punishment of children is a question of basic human rights. A growing number of countries in Europe and elsewhere have already ended such laws. Added to the human rights imperative is the overwhelming social science evidence of potential harm. June 1/05 Senate Committee begins hearings on Bill S-21 to end s. 43 Senator Céline Hervieux-Payette appears before the Senate committee to outline her reasons for sponsoring Bill S-21.Thebill to repeal s. 43, with implementation after 12 months, was introduced by her on Dec 2/04 and approved in principle on second reading on March 10/05. See Senate Bill to RepealS. 43 chapter for a copy of the Bill and information on its progress. June/05  Daycare worker reinstated after hitting 3-year-old on head (Our translation of news release by C. P. E. du Manoir) A labour arbitrator orders the reinstatement of a daycare teacher fired in June/04 by the CPE du Manoir, a day care center in Laval, Quebec. According to one witness, the teacher stood the 3-year-old in the corner and later hit his head so that it banged against the wall. A second witness said the teacher took the child by the collar of his shirt and that the child cried out that this was hurting him. The teacher denied both incidents. Arbitrator held that although one cannot accept violence against a child, one has to realize that a teacher may make a mistake because of tiredness, overwork, or being irritated by a badly brought up child. It is not necessary to fire a teacher for a little cuff on the head, a slap on the bottom, or grabbing a child by the shirt collar, as this is not really violence. Teachers are sometimes unable to cope with badly brought up children. The day care center will appeal the decision. June/05  See The Law, Judicial Interpretation of Supreme Court of Canada Decision for 3 new decisions on s. 43. May 30/05  Ontario study links poor parenting with bullying Globe and Mail — A study of 7000 high school students by Prof Zopito Marini of the Dept. of Child and Youth Studies, Brock University, found a strong correlation between teenage bullying and alienation from parents. In responding to questions about relationships with their parents, those not involved in bullying reported a much more open and positive relationship than those who bullied. May 27/05  Saskatchewan prohibits corporal punishment in schools Saskatchewan becomes the 6th province to amend its Education Act to make it clear that corporal punishment is not allowed in disciplining students. As with Ontario regulations, the Saskatchewan Act required pupils to submit to any discipline that would be exercised by a “kind, firm and judicious parent”. This has traditionally been interpreted to allow corporal punishment. Because of this and the Jan/04 Supreme Court decision disallowing corporal punishment by teachers, the Minister of Learning introduced this clarification in April and it quickly passed We have written Ontario Minister Gerard Kennedy and education ministers in Manitoba and Alberta requesting that their provincial acts also be clarified. May 27/05  Massachusetts municipality discourages corporal punishment Nospank website —The municipality of Brookline, MA (near Boston) passes a resolution making it local policy to discourage parents from using corporal punishment. The resolution is a victory for a local activist whose previous resolution had failed. Citing research, support by pediatricians, and the UN Convention on the Rights of the Child, the resolution calls on parents to use nonviolent methods of discipline with the goal of mutual respect between parent and child. May 23/05  New book by Alice Miller The Body Never Lies Psychotherapist Alice Miller, PhD, has new book published by W.W.Norton & Co. This is the latest in a number of books on childhood trauma resulting from corporal punishment and other parental practices.  In reviewing the book, Rutgers professor emeritus, Philip Greven says, “As Alice Miller knows and makes so clear, the body remembers all the pain and suffering of childhood.” May 21/05  Man sought after violent attack on girl friend’s 6-year-old son Toronto Star — The child was spotted on a bus with severe burns and bruises to his face while in the company of mother and boy friend. Bus driver and passengers alerted the police and the child was taken to hospital where he is listed in critical condition and fighting for his life. The man escaped and a warrant has been issued for his arrest. May 17/05   Quebec home daycare woman sentenced for infant beatings Globe and Mail — A former at-home daycare worker is sentenced to 4 1/2 years in jail for aggravated assault on infants in her care aged 7 and 10 months. Both children sustained skull fractures and one is likely to suffer permanent damage. May 17/05  UNESCO publishes position paper against corporal punishment The paper concludes that corporal punishment breaches fundamental human rights, is a threat to healthy development, and an ineffective form of discipline.  Constructive, nonviolent discipline  is needed that is based on a child’s dignity and rights and an understanding of child development. Positive, nonviolent discipline should be promoted throughout the world. See our link to nospank website for full paper. May 17/05  Saskatchewan to prohibit corporal punishment in schools The Saskatchewan Minister of Learning replies to our April 20 letter advising that in keeping with the Supreme Court decision, he introduced an amendment to The Education Act on April 26 to prohibit corporal punishment in public schools. The amendment applies to private Christian schools associated with the province as well as to independent schools, since their policies must be consistent with Canadian and Saskatchewan law. This amendment had been under consideration for some time and is expected to become law soon. April 30/05  Mother to be retried for assaults against son and daughter Globe and Mail — The mother, a 46-year-old nurse, was charged with 17 counts of assault and forcible confinement of her son and daughter from 2000 to 2001 when the children were about 11 and 9 years old. They said they had been hit with objects, bound and forced to sleep naked on the floor. The son said a friend told the North York mother that God wanted her to do this. The trial lasted from April 7 to 15 during which the girl said she didn’t tell teachers because she thought they would just talk to her mother and she would get in trouble. Defence lawyer claimed the allegations were too bizarre to be believed. After 5 hours of deliberations, the jury couldn’t reach a verdict and the trial ended in a hung jury. Jan 6/06 has been set for retrial of the mother. April 30/05  Canadian Red Cross marks No Hitting Day Red Cross website — The Canadian Red Cross urges parents and caregivers to mark No Hitting Day by learning non-physical ways to discipline.  Its website message calls attention to its RespectED program and notes a lack of parental education that leaves many parents with a model of harsh punishment from their own childhoods. “Temper tantrums and adolescent rebellion are normal parts of growing up,” notes the national director of RespectED. “No Hitting Day is a good time to start thinking about alternatives.” April 20/05  Thousands of physical assaults against children reported in 2003 The Daily, Statistics Canada — This Statcan report is based on data from 122 police services in Canada. It shows 28,000 reports of physical assaults against children in 2003, This number represents only 61% of the national volume as many police services, including the RCMP, are not yet part of the data collection system. A family member, most often a parent, committed the majority of the assaults against children less than 6 years old. Most were classed as common assaults. ” Note that these are reported assaults only. Children aged 6 to 13 were at greatest risk of assault from 3 to 7 p.m.  Karen Bach, Director of the Yonge Street Mission for Street Youth is quoted in a Toronto Star article on Feb. 21, “There is an enormous need to begin to address the issue of non-violent parenting.” April 20/05 Council of Europe calls for positive child rearing The Committee of Ministers of the Council of Europe note s the 2004 recommendation by the Council’s Parliamentary Assembly for a Europe-wide ban on corporal punishment .The Committee shares the Assembly’s view on the need for a coordinated and concerted campaign for the abolition of all violence against children and that the need to encourage positive, non-violent forms of child rearing cannot be underestimated. The Council refers to the European Social Charter that requires a legislative prohibition against any forms of violence against children and informs the Assembly that it is working with UNICEF to propose clear recommendations to implement and improve laws and policies in this regard.  See International Developments chapter, Recommendations by international bodies, to read the Assembly’s 2004 recommendations and for information on the Council. April 16/05  Murder charges  withdrawn against parents in baby’s beating death Globe and Mail — The 3-month-old baby girl died in 1989 as a result of 35 rib fractures, bruises to the head and a lacerated liver. The father was charged with 1st degree and the mother with 2nd degree murder in 1999 and 2000. Charges were stayed in 2003 because of the length of time in bringing the case to trial due to a delay in the pathologist’s report. The Ontario Court of Appeal upholds the stay. The couple’s son is now in the care of the CAS and the parents are free of any further proceedings in their baby’s death. April 5/05  Teacher charged with assaulting 6-year-old Toronto Star —A Toronto teacher is charged with assault with a weapon. Police have not specified the weapon but it is thought to have been an eraser or pencil. The child suffered minor injuries. On commenting on the charge in a Canadian Press report of the same day, Premier Dalton McGuinty stated that corporal punishment has no place in Ontario schools and that it harkens back to a bygone era. April/05  Letters to Education Ministers re corporal punishment in schools Repeal 43 Committee writes ministers of education in Ontario, Manitoba, Saskatchewan and Alberta requesting that education act s in these provinces be amended to clarify that corporal punishment is prohibited in schools. The Supreme Court of Canada decision on the constitutionality of s. 43 in Jan/04 made it clear that this defence to assault no longer applies to schoolteachers. Ministers were reminded that it is time to make this clear in their education acts. Mar 12/05  Korean CEO father caned teen-age son 300 blows Globe and Mail — Claiming that caning is a traditional form of punishment in South Korea, the father, an international businessman and CEO of several companies, pleads guilty to assault with a weapon and assault causing bodily harm. He is given a conditional discharge and placed on probation for 2 years by Vancouver judge. The 16-year-old son has lived in Vancouver with mother and sister since 2002 to attend school. The father lives in Korea but visits frequently. The boy was caned on 2 occasions because his school marks had dropped. The caning was so hard it broke the stick and covered the son with bruises from buttocks to ankles. One of the conditions of discharge is that the father must submit an article to a Vancouver paper explaining what forms of discipline are acceptable in Canada. Comment on Globe and Mail report on case – The Vancouver reporter, Petti Fong, phoned me and asked for comment on this case. I said prosecution was certainly warranted in this case, but not necessarily in other cases, and that under the specific circumstances of this one —as set out in the judgment — a conditional discharge was probably appropriate. The reporter asked for background information on the Repeal 43 Committee. In her article, she described the committee “as an organization lobbying to force courts to punish parents who spank their children.” I informed the Globe’s Executive Editor that I had said no such thing. He checked with the reporter who agreed that the quote was incorrect and she phoned to apologize. I asked the Globe to print the following letter to the editor: Re A Korean father’s lesson on raising cane (March 12): Your reporter, Petti Fong, has completely misstated the objective of the Repeal 43 Committee. Its objective is not, and never has been, “to force courts to punish parents who spank their children”. The committee’s aim is simply to repeal section 43 of the Criminal Code; an 1892 defence to assault that justifies hitting children for “correction”.  If repealed, most parents could be helped to learn alternatives to hitting without any need to prosecute and “punish” them. This is made clear on our website www.repeal43.org. Ms. Fong is familiar with our site and owes us an apology for her careless misstatement of our aim. The Globe declined to print my letter saying that its policy was to print a correction instead. On March 14 it printed the following correction: Correction printed by Globe and Mail The goal of the Repeal 43 Committee is to repeal Section 43 of the Criminal Code of Canada, which allows for corporal punishment in some circumstances. Incorrect information appeared in a March 12 article. Unfortunately, the Petti Fong article is on the web — but without the correction. Mar 10/05  “Extraordinary history of violence” after abuse at age 2 Globe and Mail — The Ontario psychiatric review board declares that a 25-year-old man with a history of frequent and severe violence must be sent to Penetang Mental Health Centre rather than prison. The ruling comes after years of dispute on how and where the man should be kept. He was removed from an abusive home at age 2 and lived in at least 30 foster homes. Mar 10/05   Senate Bill S-21 to repeal s. 43 passes 2nd reading   Second reading of this Senate bill, introduced in December/04 by Senator Hervieux-Payette, resumed March 8 with a speech in support by New Brunswick Liberal Senator John G. Bryden, a lawyer and former New Brunswick Deputy Minister of Justice. Debate continued on March 10 with a speech by Ontario Conservative Senator Anne C. Cools. She stated that she had no problem with making some change to s. 43 but was strenuously opposed to repeal, saying it would leave millions of parents exposed to criminal prosecutions and would not reduce child maltreatment and abuse. Senator Rompkey, Deputy Leader of the Government in the Senate moved that the bill not be read a 2nd time but instead referred to committee. Senator Stratton, Deputy Leader of the Opposition, did not agree, stating that bills tend to linger there. The Conservative side of the Senate, he said, supported the bill in principle and it should be passed and go to committee. Senator Noël Kinsella, Leader of the Opposition, said that the principle of the bill is clear and he supported it. There was no point in sending it for study prior to 2nd reading. The bill was then voted on and passed. On motion of Senator Hervieux-Payette, BillS-21was referred to the Senate Standing Committee on Legal and Constitutional Affairs for study. Mar 8/05  Mother charged in fatal 2003 beating of 3-year-old daughter Toronto Star— Three-year-old Emily Lucas died of severe head trauma associated with cardiac arrest in a Toronto hospital 10 days after a beating by her mother. The child had been returned to her mother and stepfather a few months before her death after being raised from birth by a relative. Some family members only came forward with information after police posted a $50,000 reward leading to arrest and conviction of child’s killer. The 28-year-old mother has 5 other children now being cared for by relatives. Mar 8/05  Black American leaders call for corporal punishment ban North Carolina Observer — National black organizations and leaders, including the NAACP and Dr. Alvin Poussaint, a Harvard medical professor, call for ban on school corporal punishment.  An analysis by the Observer of a North Carolina school district found that black students received such punishment well out of proportion to their numbers in student population.  An earlier federal study of the same district found that it used corporal punishment on children with disabilities more than any other N. Carolina district. Mar 5/05  Father guilty of 2nd degree murder for killing17-year-old daughter Globe and Mail — Daughter bled to death from stab wounds inflicted by BC father because of her relationship with boyfriend from a different culture. The Sikh father was described as consumed with rage because of daughter’s refusal to stop seeing her high school boyfriend. Friends testified he acted responsibly outside the house but assaulted his daughter at home. A hearing to determine when he can apply for parole is set for June. Mar 5/05  Academy  Award winner lauds grandmother for “whupping” Globe and Mail — Film actor, Jamie Foxx, wins award for lead role in Ray and attributes his success to being “whupped” by his grandmother as a child. The report notes that this message is contrary to the October advertising campaign by Toronto Public Health designed to convince  parents not to spank children. Feb 28/05  Mother charged with murder in drowning death of 4-year-old Toronto Star — Daughter was found drowned in a bathtub. The mother, a student taking an English language course at a Toronto college, claims the drowning was an accident and that she did not kill her only child. A trial date has not yet been set. Feb 25/05  Council of Europe cautions Greece on school corporal punishment The CE’s Committee for Social Rights has cautioned the Greek Education Ministry over the lack of legislation to protect secondary school students from corporal punishment. Such punishment is banned in primary schools but not in secondary ones. The caution is the result of a complaint from a human rights group and could result in a call to appear before the committee unless legislation is amended. Feb 24/05  UK law lords uphold ban on school corporal punishment The Scotsman — An attempt to reinstate corporal punishment in 4 independent Christian schools is rejected by the House of Lords. The teachers and parents claimed the ban infringed their human rights because the schools were set up to educate on the basis of the Bible and this included corporal punishment.  The Court held it respected the claimant’s beliefs but the practice of these beliefs was not in the best interests of the child. Biblical proverbs had been cited in the lower courts. They had dismissed the case ruling that the parents themselves could physically punish the children. Feb 21/05  StatCan research shows avoidance of spanking benefits children The Daily, Statistics Canada — Further data from Statistics Canada ‘s longitudinal study shows that children whose parents don’t use corporal punishment are less aggressive, less anxious and more considerate of others. When such parents ceased spanking, their children became less prone to bullying and anti-social behaviour. “When parenting changed, the child’s behaviour changed as well,” said senior research analyst Eleanor Thomas. See Research chapter for more information. Feb 21/05  Three-year-old walks 3 kilometers to rescue mother and sister Globe and Mail — After their car rolled over in a ditch, an Alberta toddler walks 3 miles on a desolate road to get help for pregnant mother and year-old sister. The child found people to help and led them to his mother and sister who are now recovering from accident. Feb 17/05 Jan 8/05  Teen charged with murder of brother, Jonathan, subjected to years of corporal punishment by stepfather Globe and mail — Sixteen-year-old charged with brutal murder of 12-year-old brother was profoundly troubled and alternately enraged, depressed and suicidal according to his lawyer because of physical and psychological punishment from stepfather over a period of years. The stepfather agreed that he came from a culture that subscribes to corporal punishment. He denied abuse but agreed he slapped stepson with belt or slipper. The youth resented the punishment and his mother’s failure to protect him. Because one of the prosecution witnesses may have committed perjury, a mistrial is declared. Feb 14/05  Dutch government  introduces law to ban smacking Nospank website — Dutch government decides to ban all forms of violence against children to combat child abuse. An estimated 50,000 to 80,000 children suffer abuse yearly and several dozen die as a result. Justice Minister Hein said he was not interested in “endless” discussions over parental smacking because a smack often leads to violence. Judges have given highly different rulings over parental discipline and this reform will clarify the law. Feb 12/05  Father guilty for excessive spanking of 11-year-old daughter Toronto Star — The daughter had a problem with bladder control and was spanked by father for sitting on furniture with urine soaked clothes. Minor bruises on the child’s buttocks were visible several days after the spanking. Father charged with assault. Justice Norman Douglas found the force excessive and punitive rather than corrective but gave the Guelph father an absolute discharge. This means father will have no criminal record.  Unfortunately, the decision is not reported in the law reports. Feb1/05 Senate resumes and debate on repealing s. 43 may take place Senate begins sitting today after Christmas break. Debate on Senator Hervieux-Payette’s Bill S-21 to repeal section 43 may resume this month. (See Dec. 2/04 news item for details.) We urge readers to support her bill by writing the Senator at The Senate, Ottawa, K1A 0A4 or emailing her at hervic@sen.parl.gc.ca. More decisions interpreting Supreme Court of Canada judgment and s. 43 Of the 9 decisions that have come to our attention since the Jan/04 Supreme Court judgment, 5 have been acquittals, 3 guilty verdicts, and in one, a new trial was ordered. In 3 of the acquittals, children were slapped in the face. One of the children slapped was13 years old. These acquittals appear to contradict the Supreme Court judgment prohibiting slaps or blows to the head and to children over age 12. These prosecutions for slapping may be undertaken because there is a history of other hitting that cannot be introduced at trial for lack of witnesses and/or because the child is reluctant to testify. The result is stressful and expensive prosecutions that end up in acquittals that justify slapping and appear to contradict the Supreme Court judgment. The stress and expense of these trials could be avoided if s. 43 were repealed. Instead of prosecution, parents would be told that hitting a child for correction is illegal and offered help in finding acceptable alternatives. They would be cautioned that if the hitting continued, prosecution would have to be considered. With this clear message, parents would know the risks they run and that these risks could be avoided by accepting help in learning alternative methods of discipline. For further information and comment on these 9 cases, see The Law, Judicial Interpretation of Supreme Court of Canada Decision . SpankOut Day reminder from EPOCH-USA SpankOut Day is observed on April 30 each year in the USA and other countries, including Canada. Its aim is to encourage parents and caretakers to use non-violent discipline instead of corporal punishment. EPOCH asks organizations to sponsor informational events on the issue. Last year, organizations in Canada and eight other countries participated in this no-hitting day. See www.stophitting.com on how to do so. Jan 29/05 Kindergarten teacher acquitted of shaking, biting 4-year-old Windsor Star — In Oct/03 a Windsor teacher was charged with assaulting kindergarten pupil by shaking him and biting his hand because she was frustrated with his crying. The boy vomited after the alleged assault. The Essex County School Board fired the teacher. In a lengthy reserved judgment, Judge Sharman Bondy acquitted teacher on the basis that there was conflicting evidence and the Crown had not proved the assault beyond a reasonable doubt. The child’s mother expressed shock and disappointment at the verdict. The teacher intends to apply to the schoolboard for reinstatement. (Section 43 was not in issue because the teacher simply denied the assault.) Jan 22/05 Crown tries to revive charge against parents for murder of baby Globe and Mail — The Crown applies to the Ontario Court of Appeal to revive a charge of murder against the parents of a 3-month-old baby girl. The baby, Athena, died in 1998 after suffering 35 rib fractures, a lacerated liver and bruises to the head. Her parents were charged with first-degree murder but not brought to trial until 2003. The trial judge dismissed the charges on the grounds that this was an unreasonable delay. After a 3 day hearing, the Appeal Court reserved judgment. Jan16/05 UK legislation limiting corporal punishment comes into effect London AFP — The amendment to the UK Children and Young Persons Act, 1933, passed in Nov/04 by the UK House of Commons comes into force. It essentially makes any punishment other than common assault a criminal offence. It results from a compromise forced by the government on Labour MPs and has been condemned by UK children’s organizations. See International Developments, United Kingdom for further information. Jan 8/05 Defence alleges stepfather abused son charged in brother’s murder Globe and Mail – Counsel for 17-year-old boy accused of brutally murdering his 12-year-old brother, Jonathan, alleges stepfather physically abused older son. Stepfather denied abuse but agreed he believed in “milder” corporal punishment such as “slapping” with a belt or slipper. He acknowledged that around age 10, the accused had told a teacher he was being beaten and that Children’s Aid had called on the family. He agreed that 2 years ago, the accused had suicidal thoughts and had been committed to a Toronto psychiatric ward. He denied suggestions the accused was left alone, neglected and starved for affection. Law Commission research estimates annual financial cost of abuse at $16 billion A study by the University of Western Ontario funded by the Law Commission of Canada estimates the annual cost of all forms of child abuse at just under $16 billion. The study was released in March 2003. See Research chapter for breakdown of costs and further information. Dec 2/04 Senator introduces Bill S-21 to repeal section 43 Senator Céline Hervieux-Payette introduces Bill S-21 to repeal s. 43. It would take effect one year after enactment to allow time for the public to become educated on the change in the law. In a news release, the Senator said the bill would eliminate discrimination against children, highlight the government’s commitment to protect the most vulnerable, and comply with the UN Convention on the Rights of the Child. Second reading of the bill began on December 7 and debate is expected to resume when the Senate reconvenes in Feb/05. Supporters of this important Senate initiative are urged to email Senator Payette at hervic@sen.parl.gc.ca or write her at The Senate, Ottawa, K1A 0A4 to show support. Nov/20/04 Open letter to PM in Globe and Mail for National Child Day 78 Canadian organizations sign an open letter to Prime Minister Paul Martin calling on the government to respect the UN Convention on the Rights of the Child by repealing s. 43. The letter is published in the Globe and Mail in an 8 x 9 in. format. It points out that in 1995 and again in 2003, the UN Committee overseeing the Convention asked Canada to repeal this defence to assault in order to comply with Art.19 requiring signatories to protect children from all forms of physical or mental violence, injury, or abuse. Check National Child Day to view letter. Nov 20/04 Well over 100 organizations have written ministers advocating repeal At least 132 organizations to date have written individual letters or signed open letters to federal ministers urging repeal of s. 43. See Supporting Organizations for list. We urge other organizations and individuals who support repeal to do the same. See How to Support Repeal for names and contact information. Organizations that write and forward a copy of their letter will be added to our list. Nov 5/04 Jail term increased for Blackstock parents who caged sons for 13 years The Ontario Court of Appeal increases the 9-month sentence given to parents who caged and beat their adopted sons over a period of 13 years. Saying that the appalling conduct of the couple must be met with severe sanction, the court increased the mother’s sentence to 5 years and the father’s to 4. See Jan 15 and July 6/04 news items for details of case. Nov 1/04 Alberta prohibits physical punishment by foster parents Alberta joins the provinces of B. C., Manitoba and Ontario in prohibiting any form of physical punishment of foster children. The regulation under the Alberta Child Welfare Act also prohibits verbal or physical degradation or emotional deprivation. Oct 30/04 Section 43 judgments since Supreme Court of Canada decision Five judgments that have come to our attention since the Supreme Court decision are summarized under The Law, Judicial Interpretation of Supreme Court of Canada Decision. The Supreme Court opinion was treated as authoritative in these cases although all alleged assaults occurred prior to its decision. These judgments are rarely published in the law reports and are usually available only through a paid computer search. The judgments indicate that prosecution of parents will increase in order to test the limits of the Supreme Court decision. This conflicts with the position that such prosecutions are harmful to families. If s. 43 didn’t exist and an assault were reported, police could make it clear to parents that spanking and hitting children are unlawful assaults just as they are for adults. There would be no need to prosecute to determine whether the assault is allowed by s. 43. Instead, the parent would be advised that this method of discipline is no longer legal and helped to learn alternatives. Prosecutions would only be required if the parent continued the assaults or if the force were sufficiently severe to warrant prosecution for the purpose of deterrence. Oct 28/04 Jail sentence for parents who broke infant’s legs Globe and Mail – A 38-year-old father is sentenced to 2 years in the penitentiary and 23-year-old mother to 9 months in jail for inflicting 6 fractures on their 7-week-old son. The Toronto couple was found guilty in June of aggravated assault and failure to provide the necessaries of life because they had failed to obtain medical attention for the baby’s injuries until at least 24 hours after the assault. The father was himself abused as a youngster. The child, now 2 years of age, has been placed for adoption. Oct 27 /04 Toronto’s “Spanking Hurts More than You Think” ad campaign Toronto Public Health initiates its first advertising campaign against spanking with ads in subways, bus shelters, the Toronto Star and Toronto Sun. To view these innovative ads, see www.city.toronto.on.ca/health/children/discipline.htm. Oct 25/04 Statcan study shows link between physical punishment and aggression The Daily, Statistics Canada - A national survey by Statistics Canada concludes that children of parents who use physical punishment or yelling and shouting as punitive discipline are much more likely to engage in aggressive behaviours, such as fighting, bullying and meanness to others. Children from punitive environments at age 2 to 3 years scored 39% higher on a scale of aggressive behaviour than children in non-punitive homes. Children 8 to 9 years scored 83% higher. The study was front- page news in many Canadian newspapers. See Research chapter for more information. Oct 16/04 Appeal of sentence begins for couple who caged adopted sons Globe and Mail – The appeal of a 9-month prison sentence for a couple that assaulted and forcibly confined their adopted sons begins in the Ontario Court of Appeal. The couple, age 43 and 52, assaulted and confined the boys over a 13-year period. The trial judge had described their conduct as near-torture but as an appeal judge commented, this is not reflected in the sentence. The trial judge, he said, spent more time talking about the motivations of the parents than about their conduct. The hearing continues. Oct 13/04 Toronto mother charged in death of 21-month-old daughter Globe and Mail – Toronto woman described as a good mother is charged with manslaughter in death of 21-month-old daughter, Starlin. Cause of death is still undetermined but child had head injuries, including a fractured skull. The Children’s Aid Society had visited home since baby’s birth. The 31 year-old-mother had lived on her own since age 13, had a tumultuous relationship with child’s father, and had no family in the city. Oct 6/04 Two-year-old killed by B. C. foster-father Globe and Mail - A 32-year-old Port Alberni foster-father is jailed for 10 years after pleading guilty to manslaughter in the 2002 death of his foster-daughter. The man originally claimed that the child had been pushed down steps by her brother but eventually confessed to kicking her and slamming her head on the floor because she wouldn’t stop crying. Sept 30/04 Children’s Hospital and paediatricians lead new push to outlaw spanking Toronto Star – Children’s Hospital of Eastern Ontario and Canadian Paediatric Society lead a new coalition of 140 organizations aimed at giving children the same protection from physical assault as adults. The organizations plan to keep pushing until Parliament repeals s. 43. The CHEO press conference launched a Joint Statement on Physical Punishment of Children and Youth. This 40-page document lays out the case against physical punishment in a reader-friendly format that can be read at http://www.cheo.on.ca/english/1100.html Sept 28/04 Daycare owner convicted of assault for punishing children with soap Ottawa Citizen - A 31-year-old Quebec daycare worker is sentenced to 1 year of probation and ordered to perform community service for 4 counts of assaulting children with punishments such as putting soap in their mouths. Sept 23/04 Man sentenced to 15 years for beating 2-year-old to death and injuring infant La Presse – Gerald Georges, age 37, was looking after the children, described as those of his mistress, while she was at a medical appointment. The 2-year-old was beaten to death and the 10-month-old was shaken and left deaf, blind and bedridden for the rest of her life. Three years were added to his sentence by the Montreal court for attempting to have the mother killed to prevent her testifying against him. Sept 23/04 Boyfriend accused of beating 4-year-old to death in discipline attempt La Press – The young boy, Sasha, an adoptee from a Russian orphanage, was being looked after by the adoptive mother’s boyfriend, Eric Grenier, while she worked at a day-care center. According to evidence, Grenier believed the child needed discipline and had frequently spanked him. The day after one such spanking, the mother returned home to find the child dead in bed, covered with 72 bruises. He appeared to have suffered a violent blow to the abdomen. The Montreal trial is expected to last 4 weeks. Sept 10/04 University of Michigan study finds corporal punishment detrimental to children Child Health News – Posted on net. This study by Professor Grogan-Taylor uses data from the National Longitudinal Survey of Youth and concludes that even minimal amounts of spanking can lead to increased likelihood of anti-social childhood behaviors, such as cheating, lying and bullying. Stronger statistical controls than in previous studies, lend additional support to these conclusions. Sept 1/04 Childhood trauma, such as physical abuse, linked to arthritis Globe and Mail – The Canadian Journal of Public Health publishes a study based on data from Statcan’s National Population Health Survey. It finds that people experiencing adverse childhood events, including physical abuse, are more likely to develop arthritis later in life. According to the study, stress that accompanies traumatic experiences may induce biological changes increasing susceptibity to certain adult medical conditions. Aug 30/04 Grade 9 boys beaten in Manitoba school hazing ritual Globe and Mail – A hazing ritual of grade 9 boys by high school seniors is apparently a tradition at Margaret Barbour Collegiate, La Pas. It consists of beatings on the buttocks with paddles, hockey sticks or two-by fours. Parents say they want it to stop but fear of retribution is keeping some victims from speaking up. Several teachers have complained (anonymously) of the practice. The school’s motto on its website is “Home of the Spartans”. Aug 27/04 Daycare operator charged with aggravated assault on 16-month-old girl Toronto Star – The charge against the 34-year-old operator arises from severe burns to the child who has been in intensive care since the injury 3 week ago. She was one of 7 being cared for in a licensed daycare operated by the accused in her apartment near Barrie. The daycare has been closed and a publication ban issued. Aug 24/04 CPS honours child protection advocate, Dr. Gloria Jéliu Medical Post – Canadian Paediatric Society honours Dr. Gloria Jéliu, paediatrician, L’Hôpital Ste. Justine, Montreal and professor of paediatrics, University of Montreal, with Victor Marchessault advocacy award for 25 years of work aimed at protecting children from violence. In accepting award, Dr. Jéliu urged doctors to take the lead in addressing corporal punishment of children. The CPS strongly discourages corporal punishment and expressed disappointment in the Supreme Court of Canada’s January/04 decision upholding s. 43. Aug 13/04 Two-year-old beaten to death: mother and stepfather “persons of interest” Toronto Star – Emily Lucas, 2 months short of her third birthday, is found beaten in her Toronto home and died 10 days later. Eight months of tests confirmed her injuries were not accidental. Police have received anonymous information as to what happened but no witnesses have come forward in spite of appeals. The family was known to police and child welfare. Five other children living in house are in care of children’s aid. Aug 10/04 Kindergarten teacher charged with assault for biting and shaking 5-year-old National Post – The Windsor kindergarten teacher denies the charge but was fired from her public school job. Witnesses say the teacher grabbed the boy and bit him on the hand. The child was distraught and crying when the alleged assault took place. He vomited when another teacher pulled him away. The trial is expected to begin in October. Aug 6-12/04 Early childhood experiences affect brain development Guardian Weekly – The Guardian reviews Why Love Matters by Sue Gerhardt, a British psychotherapist. Gerhardt analyses recent findings from neurochemistry showing that if infants and young children are exposed to stressful situations too long or too often hormonal changes in the brain occur. These changes are linked to depression and fearfulness or detachment and aggression. Good parenting leads to good development of the child’s brain, she concludes. According to the reviewer, these findings have been too slow to filter out to the general public. July 20/04 Crown appeals 9 month sentence in Blackstock abuse case Toronto Star – July 20/04 Crown appeals 9 month sentence of parents who caged and beat their two adopted sons over a period of 13 years. The Crown contends the sentence doesn’t give sufficient weight to the principle of deterrence and denunciation and was unreasonably light. See Jan 15 and July 6/04 news items on case. July 15/04 Four-year-old dials 911 to save mother Globe and Mail – July 15/04 A four-year-old pre-kindergarten girl dials 911 to save mother ill from diabetes. The child had been taught precise instructions on what to do in such a situation. She gave operator address, unlocked door and guided emergency workers to her mother. A paramedic’s spokesman observed that the child’s actions were a compelling illustration of the need to train children in emergencies. Our comment: This shows that even young children are capable of learning how to report a dangerous situation. If taught, they could learn to help protect themselves by reporting abuse. The Kids Help Phone is one of the few programs to try to do this but doesn’t reach enough children. We should be putting more emphasis on teaching children how to protect themselves rather than relying only on adults to do so. July 9/04 Supreme Court decision followed in father’s assault acquittal Ottawa Citizen – Father acquitted of assault for spanking 8 year-old son in 2002 after child yelled at father and told him to “shut up”. The provincial court judge held the Jan/04 Supreme Court decision is a binding authority, father had legal right to spank for educational purposes, and force used was reasonable. For facts and comment, see The Law, Judicial Interpretation of Supreme Court of Canada Decision. July 6/04 Nine months in prison for 13 years of abuse Globe and Mail – The Globe devotes almost its entire front page to this 9 month sentence of a Blackstock, Ontario couple for caging and abusing their adopted sons over a period of 13 years. The mother is the biological aunt of the boys. See Jan 15, July 6 and July 20/04 news items for reports on case. In sentencing the couple, Ontario judge Donald Halikowski accepted that although the boys went to school and were taken for regular medical check-ups, they were regularly caged and beaten at home. To the question of how this could have gone on so long without anyone noticing or the boys complaining, a spokesperson for children’s aid replied, “She’d [the mother] convinced them that they deserved it. That’s why they didn’t tell.” The judge found the couple had health problems, little education and that the boys “were difficult to raise”. He praised the couple for their concern and said that what may have started out as good intentions descended into abuse that “crossed the threshold into near torture.” A July 12 media release by the Canadian Assn. of Social Workers stated, “Social workers who work in child welfare are aware that much abuse results from good intentions. Many parents who abuse their children are taking action that they believe to be right and necessary to assist or instruct their children. These good intentions have not been considered acceptable reasons to reduce the response to abuse, since to do so would be failing to protect children”.” The sentence is expected to be appealed. See Articles/Letters 2004 – 1990 July 6, 7 and 10 for letters to editors. July 6/04 Editorial in Globe and Mail on Blackstock sentence The editorial describes as ludicrous the 9-month sentence of the Blackstock couple who beat and caged their two adopted sons. It asks why no one, including teachers, doctors and classmates, noticed anything amiss over these13 years of abuse and why the abused boys “never felt confident enough to tell someone or at least drop some hints?” It concludes with: “It is worthwhile asking what is being done in schools to send a message to vulnerable children that they can speak up about their situation, and that someone will care.” Our comment: Good question. Good point. July 7/04 Courts rarely impose prison sentences for physical abuse of children Globe and Mail – The seventh annual report by the Canadian Center for Justice Statistics (Juristat) dealing with sentencing shows that 15% of family members convicted of physically abusing children go to jail compared with 28% of friends and acquaintances and 23% of strangers. Family members only receive harsher sentences than non-family members where children are victims of sexual abuse. Almost twice as many children are physically abused than sexually abused. July 5/04 UK House of Lords considers ending corporal punishment defence In March/04, the UK government introduced the Children Bill to reform the law and procedures for the protection of children. The bill was the result of the horrific abuse and death of 8-year-old Victoria Climbie—abuse that began with “little slaps”. When the bill came to the House of Lords, an amendment was introduced to end the common law defence of “reasonable chastisement”. Another was introduced as a compromise that limits but does not end the defence. The compromise passed. The bill will go back to the Commons in the fall. See International Developments, United Kingdom for more information. July 1/04 NYC lawyer released after 17 years for beating death of 6-year-old Ottawa Citizen – Joel Steinberg, a former New York lawyer who beat his 6-year-old adopted daughter to death in 1987, is released from jail after serving two-thirds of his 25-year sentence for manslaughter. We note it here because the case defies stereotypes about abuse. June 24/04 Council of Europe calls for total abolition of corporal punishment The Parliamentary Assembly of the Council of Europe calls for a campaign to totally abolish corporal punishment of children in Europe in order to make Europe a “corporal punishment-free zone for children”. See International Developments, Recommendations by International Bodies for more information. June 15/04 Stepmother to serve at least 15 years for Farah Khan’s murder Globe and Mail - , Mr. Justice David Watt sentences Farah Khan’s stepmother, Kaneez Fatima, to at least 15 years before being eligible for parole for the 1999 murder of 5-year-old Farah. Fatima was convicted of 2nd degree murder on April 22 for failing to stop the beating death by the child’s father. Justice Watt said that spouses and parents are obligated to stop violence towards children and, if they don’t, “the punishment will be severe”. See Articles/Letters 2004 – 1990 for June 19 letter to Globe and Mail. June 15/04 Couple committed for trial in death of 5-year-old grandson Toronto Star – Trial on charges of first-degree murder against grandparents begins July 21. Grandson, Jeffrey Baldwin, weighed 19 pounds and died of pneumonia in the couple’s Toronto home in Nov/03. See Mar 20/03 news item for report on case. June 15/04 Romania and Ukraine prohibit corporal punishment Romania enacts The Protection and Promotion of the Rights of the Child prohibiting all corporal punishment of children; to come into effect Jan/05. Ukraine enacted a new Family Code prohibiting all corporal punishment of children that came into effect in Jan/04. See International Developments, Other Countries for information on other countries that have ended laws allowing corporal punishment. June 4/04 Hamilton mother, boyfriend convicted in beating death of toddler Toronto Star – Hamilton mother is convicted of manslaughter in the 1997 death of her14-month-old son, Maliek, The child’s skull and leg were fractured and his body bruised and gashed in a beating by mother’s boyfriend. He was convicted of 2nd degree murder and is serving a life sentence with no chance of parole for 20 years. The mother did not inflict the injuries but was held to have enabled and encouraged the abuse by not reporting boyfriend. Child protection workers were involved with the family. The couple also face charges of an aggravated assault on their 2-year-old son 10 days before Maliek was killed. The 2-year-old suffered traumatic pancreatitis from an alleged blow to the abdomen. June 1/04 Winnipeg mother, boyfriend charged in beating death of toddler Winnipeg Free Press – A 15-year-old mother and her 21-year-old boyfriend, Alexandro Suazo, are charged in the beating death of the mother’s 16-month-old daughter. The boyfriend is not the father—but is the father of an 18-month-old daughter by another woman. Police report that the child was beaten “head to toe” throughout the day and then hidden for 2 days before boyfriend called ambulance. The boyfriend has been charged with 2nd degree murder but claims the child accidentally fell down stairs. The mother is charged with criminal negligence causing death. She cannot be named because of her age. June 2/04 Winnipeg Free Press editorial on beating death, Nameless Victim Editorial - The mother and child in the above report were known to Child and Family Services (CSF), had been in contact, and an inquest must put the child protection system “under the microscope” to find out why this vulnerable child was not adequately protected. The child’s name, picture or other information cannot be disclosed because this could identify the mother who has been charged under the Youth Criminal Justice Act. This lack of information makes it difficult for the public to know how CFS was watching over the child. In Manitoba, CSF must contact anyone younger than 18 who gives birth. May 19/04 UK survey shows support for smacking ban The Guardian - More than two-thirds of people surveyed by the Mori poll in the UK would support a ban on parents smacking their children. The poll, conducted for the campaigning group Children Are Unbeatable!, found that 71% of respondents agreed that the law should be changed to give children the same protection from being hit as adults. May/04 Parkhurst Exchange—Robertshaw/Bala debate Supreme Court decision The May issue of Parkhurst Exchange, a journal for medical personnel, includes a debate between Corinne Robertshaw, founder, Repeal 43 Committee, and Nicholas Bala, Queen’s University law professor and witness for the government in the constitutional challenge to s. 43. See Articles/Letters 2004 - 1990 May/04, below. May 10/04 Government releases its response to UN Special Session on Children Government news release announces its official response to the UN General Assembly Special Session on Children. It’s called A Canada Fit for Children and affirms the federal government’s commitment to ensure that children “are able to grow up healthy, with dignity and in peace” and that the well being of children is a key priority. May/04/04 Mother punishes daughter by burning with utensil Toronto Sun - A 42-year-old mother pleads guilty to aggravated assault for using a heated utensil to burn her 8-year-old daughter on the hands, legs and arms to punish her for bullying and swearing. Described as a perfectionist by a social worker from the mother's home country, the mother thought she was doing the right thing by teaching her daughter "a lesson she would never forget". The social worker testified that the "hot spoon" punishment of burning the flesh of disobedient children was once an accepted practice in Iran but is now no longer approved. April 30/04 No Spank Day in Windsor The Child Abuse Prevention Council of Windsor and Essex County, Windsor, Ontario, holds its third No Spank Day with a noon-time rally in Windsor's City Hall Square. It features speakers, information displays and packages on positive discipline, T-shirts, banners, music and food. Displays and information continue throughout the day at Windsor's largest shopping mall. Children's mental health centers, community agencies and the public were alerted to the event by flyers and print and radio ads. On May 1st, the event got good coverage with photo in the Windsor Star. April 22/04 Parents convicted of murdering 5-year-old Farah Khan Toronto Star - Farah's 41 year-old father, a former bank teller in Pakistan, is convicted of 1st degree murder and her 49-year-old stepmother of 2nd degree murder in the child's brutal killing and dismemberment in Toronto in Dec/99. The newly married couple brought Farah to Canada about 8 months prior to her death. She was the child of the father's former marriage but he repeatedly told others that he "hated" her because he believed he was not her father. Five-year-old Farah was an alert and enthusiastic kindergarten pupil and was described as "bright and cheery". The event precipitating her killing was a persistent request for $10 to buy her kindergarten picture. The parents gave different accounts of how the child was killed. An autopsy revealed that Farah was beaten to death by at least 26 blows and showed evidence of earlier injuries, including a healing scull fracture and bruise on the brain. A day or two before she was murdered, Farah was beaten for taking a cookie and kept home in order not to disclose bruises. The father told police she was "disobedient". Stepsons of the stepmother's former Canadian marriage described her as an ill-tempered, stern disciplinarian. The father was sentenced to life in prison with no chance of parole for 25 years. The stepmother will be sentenced on May 19 when evidence will be given by the stepsons of abuse they received at her hands. Our comment Farah might be alive today if it were clear that parents had no legal right to strike their children. Farah was a bright child and if this were the law, she could have learned about her right to a safe upbringing in her eight months at a Toronto kindergarten. She might then have told a teacher or neighbour of the "discipline" she was receiving at home. If reported, Children's Aid would have had to investigate and her death could have been prevented. Teaching children that they have basic human rights, including the right to non-violent correction is a requirement of the UN Convention on the Rights of the Child. In article 42, signatories undertake to protect children from all forms of violence and to make this and other rights "widely known, by appropriate and active means, to adults and children alike". A recent example of how this can be done comes from Croatia, a country that prohibited corporal punishment in 1999. For its April International No Hitting Day, an event was organized at an elementary school. Children and parents were given drawing books, stickers and a brochure explaining the dangers of hitting and suggesting alternatives. Children were encouraged to express through words and pictures their feelings about being physically punished. Unlike Croatia and several other European countries, our law continues to allow corporal punishment. This creates difficulties in teaching children that they must ask for help if beaten at home. These difficulties will continue as long as section 43 remains in the Code. Other children will suffer in silence and some, like Farah, will die. Ending s. 43 is a necessary step in teaching them to speak out for their own protection. April 10/04 Poll shows majority of Canadians don't spank or slap Globe and Mail - A Globe and Mail/CTV poll of Canadian parents conducted by Ipsos-Reid finds that 42% of Canadian parents spank or slap their children for disciplinary reasons. The percentage varies across the country with a low of 22% in Quebec, 45% in Ontario, and a high of 60% in Alberta. April 6/04 Four months in jail for confining 6-year-old in dryer for weeks Ottawa Citizen - After conviction on Dec 4/03 for forcible confinement and failing to provide the necessities of life for a 6-year-old girl in her care, and of assaulting her 9-year-old son, Justice James Fontana sentences the convicted woman to 4 months in jail, 8 months to be served in the community and 1 year probation. (See Dec 4/03 news item below for details.) The child was confined to a clothes dryer over a 2-year period for weeks at a time and ate slept, urinated and defecated in the dryer. She sometimes had difficulty walking after being released. The prosecution asked for a sentence of 3 to 5 years in prison. The judge rejected this request, holding that the woman resorted to "excessive solutions" because she was overwhelmed with her child-caring responsibilities. He held the sentence was sufficient to denounce her behaviour, deter others, and rehabilitate the woman. The Crown will appeal. The woman gave birth to her fifth child, born after charges were laid. Our comment To describe the woman's actions as an "excessive solution" to her child-caring problems is surely a startling example of judicial understatement. Quite aside from the issue of whether prison (whether for months or years) is appropriate, the sentence shows that the argument for retaining section 43 because repeal could result in prosecution and jail for "mild" parental spankings is totally unrealistic. This sentence as well as others shows this argument is simply a scare tactic. April 3/04 Deaf and blind students at BC school to be compensated for abuse Globe and Mail - Students who suffered sexual, emotional and physical abuse at Vancouver's Jericho Hill School for the Deaf reach an out-of-court settlement with the BC government. The settlement comes 11 years after an ombudsman's report concluded that such abuse was "rampant" in the late 1970s and early 1980s. The abuse has cost the BC government almost $30 million in compensation for the 344 former students affected. March 7/04 UK government to reform reasonable force defence The Observer - After years of maintaining that it won't make any changes to the law allowing "reasonable chastisement", the UK government will now try to reform this defence without banning it outright. This defence of parental hitting in the name of discipline is similar to section 43 of our Criminal Code. The UK will explore amending the defence to make any corporal punishment, except a 'eminor smack', illegal. Moves by backbench MPs to repeal the defence entirely have caused the government to rethink its stand on the issue. The chair of the health committee has argued that ?eturning a blind eye' to the defence is leading to the death of at least one child a month. Comment on the above reform by The Observer (UK) March 7/04 Stop smacking We are allowing children to be killed. The children bill, published last week, looks backwards and forwards. The response to Lord Laming's inquiry into the torture and death of Victoria Climbie, is also a signal that children are at the heart of government thinking. That makes it all the more perplexing that the Bill does not include a ban on smacking. Legislation to bolster child protection offered the ideal opportunity to repeal the Victorian defence of reasonable chastisement, which effectively allows parents to hit children where they can claim the punishment was justified. There are many reasons to rescind this arcane measure. A system under which it is lawful to hit a baby but not an adult puts this country in breach of the UN convention on the rights of the child. Since Sweden banned smacking three decades ago, child deaths at the hands of parents have fallen to zero. In Britain, they average one a week. The Government has resisted such arguments. Fearful of charges of nanny statism, it has claimed, and still does, that a majority of parents do not favour a ban. But in eight other European countries, once-sceptical adults have been overwhelmingly converted to non-punitive means. There are encouraging signs that Ministers are shifting. As a sizable anti-smacking lobby prepares to force a Commons amendment to the Bill, Education Secretary Charles Clarke is considering his options. One is a compromise to make persistent smacking illegal but not outlaw taps of admonishment. However appealing, that would be convoluted and unworkable. While no humane society should criminalize a fraught but loving parent who taps a child's hand in a supermarket, we need a law that can change the culture of a society scarred by child cruelty. An outright ban on smacking is a vital step towards a safer, happier life for millions of children. The Government must take it. Feb 25/04 Mother given conditional sentence in shaken-baby death Globe and Mail - A 25-year-old Toronto mother is given a conditional sentence of 2 years less a day, plus 3 years probation after pleading guilty to manslaughter in the death of her 5-week-old daughter. A conditional sentence means the mother spends no time in jail and has no criminal record providing she fulfills the conditions of the sentence and does not re-offend within the prescribed period. The baby was shaken to death because of crying. The defence portrayed the mother as developmentally delayed, although she had completed grade 12. Toronto CAS and Toronto Public Health had tried to help the mother after the child's birth. An autopsy showed the baby had at least 10 healing rib fractures caused prior to death. Feb 17/04 Male baby-sitter on house arrest jailed for beating 2 children Toronto Star - A 5-year-old boy and his 2-year-old sister were beaten with a broom handle by a 26-year-old man who was minding them during their mother's absence. The injuries were so severe the mother fainted on seeing the children when she returned home. The baby-sitter was under a sentence of house arrest at the time for threatening bar patrons with a gun. He was jailed 5 months for the assault on the children. Feb 13/04 Open letter to Prime Minister of Canada in Globe and Mail Sixty-three organizations sign an open letter to the Prime Minister of Canada, The Rt. Hon. Paul Martin, calling on his government to repeal section 43 of the Code, to recommend that provincial Attorneys General develop guidelines to prevent unnecessary prosecutions, and implement a national education campaign on positive discipline. See Constitutional Challenge , Open Letter to Prime Minister. Feb 3/04 Our campaign to repeal section 43 will continue The Repeal 43 Committee will continue its campaign to convince politicians and the public that section 43 should be repealed. If it is not repealed, we will urge the government to initiate public consultations to evaluate and clarify the limitations imposed by the Supreme Court decision. Jan 30/04 Supreme Court of Canada rewrites section 43 In a split 6 to 3 decision, the Supreme Court rewrote s. 43, and then held it to be constitutional. The majority decided that this broad 1892 defence allowing parents and teachers to use reasonable force for correcting children doesn't allow teachers to use corporal punishment, or parents to hit a child with objects, or on the head, or strike a child under age 2 years or over age 12, and to use only "minor, transitory or trifling" force to correct children between the ages of 2 and 12. Dissenting Justice Louise Arbour held that constitutionality of s. 43 must be determined on the section as it stands; not as rewritten. Nothing in the statute suggests that Parliament intended such conduct to be excluded from s. 43. As it stands, she held it's too vague to give fair warning to the public as to what it means. It therefore violates s.7 of the Charter under which no one can be deprived of security of the person except in accordance with principles of fundamental justice. One of these principles is that a law must not be vague. Parliament, not the court is the proper forum to deal with s.43. The section should be struck down. Dissenting Justice Marie Deschambes agreed with Arbour J. but also held that s. 43 violates s.15 of the Charter guaranteeing equal protection and benefit of the law without discrimination based, inter alia, on age. The court, she wrote, can't substitute its own views for those of Parliament. When interpreted according to the intention of Parliament, s. 43 violates s. 15 and can't be justified under s. 1 of the Charter as a reasonable limit prescribed by law in a free and democratic society. Section 43 should be struck down. Dissenting Justice Binnie also agreed that s. 43 violates s. 15 of Charter. In even stronger language, he stated that stripping children of protection from assault makes them second-class citizens. It is destructive of dignity from any perspective. Physical integrity, he wrote, is a fundamental value applicable to all. He held, however, that the "salutary effects" of s. 43 "exceed its potential deleterious effects" since, in his view, children are protected under child welfare legislation. But, he held, section 43 should be struck down for teachers, as their relationship with pupils is closer to master-apprentice abolished by Parliament in 1955. See Constitutional Challenge chapter for further information Jan 24/04 Mother charged in death of 22-month-old son Toronto Star – A Richmond Hill mother is charged with failing to provide the necessaries of life for her 22-month-old son. The child was found dead with visible signs of trauma on his body. The child lived with the mother and 4-year-old brother. Jan 23/04 Canadian Paediatric Society strongly advises against spanking and all other forms of physical punishment due to its negative effects. The Psychosocial Paediatrics Committee of the Canadian Paediatric Society issues a position statement entitled Effective Discipline for Children. The Committee states it has carefully reviewed the available research on disciplinary spanking and concludes that this research shows spanking and other forms of physical punishment to be associated with "negative child outcomes". It recommends that physicians actively counsel parents about discipline and strongly discourage spanking. The position statement is published in Paediatrics & Child Health (Jan/04 issue) and can be read at www.cps.ca. This position statement updates the CPS statement of1996. It advised that spanking should be discouraged but that additional research was needed to clarify its long-term effects. It cautioned this conclusion should be viewed as "subject to revision and clarification as data continue to accumulate". The data has accumulated and the CPS now clearly recognizes that spanking and other forms of corporal punishment are harmful and should not be used. Jan 15/04 Couple plead guilty to criminal charges in confining, beating sons Toronto Star – A Durham, Ontario couple plead guilty to confining and beating their teen aged adopted sons over a period of 13 years. The boys were adopted at the ages of one and two and confined in cages except when they attended school. The adoptive mother was described as a domineering and controlling woman whose husband beat the children on her command. The boys are now in foster care. The parents will be sentenced in April. Jan 13/04 Murder trial of parents begins in death of 5-year-old Farah Khan Globe and Mail – More than 4 years after her dismembered body parts were found on Toronto's lakeshore, the trial of 5-year-old Farah's parents begins in Toronto. The 38-yar-old father admits killing his daughter but claims it was unintentional and entered a plea of not guilty of murder but guilty of manslaughter. The court rejected the plea and a plea of not guilty to murder entered instead. The child's 48-year-old step mother pled not guilty to murder. The jury is being selected and the trial is expected to last 2 – 3 months. Jan 11/04 Jamaican research links harsh punishment and national violence The Gleaner, Jamaica – Research published by the Health Promotion and Protection Division of Jamaica's Ministry of Health reveals a link between harsh punishment of boys and rising levels of national crime. It found that 84% of all Jamaican children reported being beaten with an object at home. The effect on young males was a lack of trust, a belief that the world is a dangerous place, and that physical abuse is part of life. Boys, it found, become more defiant and believe that the way to resolve differences is through threats and assaults. Young children display sulkiness, depression and anxiety. The research is reported in JA People, a newsletter of the Social & Manpower Planning Institute of Jamaica, Dec/03. Jan 10/04 Mother charged with manslaughter in death of 2-year-old daughter Toronto Star – The child lived with her mother and died of dehydration after being left alone for 12 hours. The Toronto mother is also charged with criminal negligence in her daughter's death. Jan 6/04 Woman charged in death of partner's 2-year-old daughter Toronto Star – The 24-year-old partner of the child's mother is charged with second-degree murder in the Christmas Eve death of the child in Embro, Ontario. The 32-month-old child was found in the basement of the home. The mother is charged with being an accessory after the fact. Dec 26/03 Hockey dad gets conditional discharge for assaulting daughter Globe and Mail – The hockey dad accused of assaulting daughter gets a conditional discharge. The discharge includes community service, a donation of money to local minor hockey, and a requirement to talk to other hockey parents about appropriate behaviour. See Sept18/03 news item for report on case. (A conditional discharge means that no criminal conviction is entered if conditions are met.) Dec 4/03 Woman convicted of forcibly confining 6-year-old girl and assaulting son Toronto Star - An Ottawa woman is convicted of forcible confinement and failing to provide the necessities of life for a 6-year-old girl in her care. The child was in the woman's care because the child's mother was unfit to handle her. The woman locked the child in a clothes dryer for weeks at a time. The woman was also convicted of repeatedly hitting her 4-year-old son with a stick and slamming his head against a wall. The events took place in 1996 and 1997. Doctors and children's aid workers who saw the girl at that time found no evidence of abuse but the woman's teen-age daughter corroborated the child's evidence. The woman will be sentenced in February. Dec 1/03 Children who see violence at home tend to be violent Toronto Star – A Statistics Canada study finds that children who witness physical confrontations between parents or older siblings are likelier to bully, threaten or attack others. Eight per cent of the total population of children aged 4 -7 (an estimated 120,000 children) has witnessed such violence. The study could not differentiate between children who were reported as witnessing violence and who might themselves have been victims. Parenting practices were identified as one of the other factors that play a role in a child's aggressive behaviour. Check Statistics Canada site at www.statcan.ca Witnessing violence: Aggression and Anxiety in young children for more information on the study. Nov 25/03 British government censured for failing to protect children EXP News - The U.K. Joint Committee on Human Rights censures government for failing to end the reasonable chastisement defence for disciplinary assaults on children. Stating that children should have the same legal protection from assault as adults, the Committee called the defence incompatible with the UN Convention on the Rights of the Child. The Committee challenged the government's claim that the defence is being "used properly" and called for publication of data to support the claim. Nov 25/03 Three-year-old dies suspiciously from unexplained injuries Toronto Star - Toronto homicide detectives are investigating the death of a 3-year-old girl 9 days after her admission to hospital for unexplained injuries. An earlier Toronto Star report stated that neighbours of the child's parents "often heard thumps and muffled yelling through the shared townhouse walls". Nov 22/03 Mother and boyfriend charged in death of toddler Globe and Mail - Mother and boyfriend charged with second-degree murder in the Sept/02 death of 15-month-old child. Investigation revealed that the toddler died as a result of being shaken. Nov 20/03 National Child Day ad in Globe and Mail calls for repeal of s. 43 Canada's federal government has designated November 20 each year as National Child Day. It's intended to celebrate the UN Convention on the Rights of the Child. A quarter-page ad calling for repeal of section 43 appears on page A19 of the Globe and Mail to call attention to this special day. The ad lists 27 of the over 70 organizations that support repeal. Check National Child Day section of this chapter to see ad. Nov 20/03 National Child Day article in Toronto Star calls for repeal of s. 43 This half-page Opinion article by Repeal 43 Committee member calls attention to National Child Day and the fact that the UN Committee overseeing the Convention has twice asked Canada to repeal section 43. The article features a prominent, eye-catching illustration. Check National Child Day section of this chapter to read article. Oct 25/03 Alberta mother challenges use of strap Edmonton Journal - An Alberta mother challenges a local school board policy allowing strapping after a teacher threatened her 8-year-old son with the strap. The mother reported that the child was frightened and "on the verge of being physically ill" as a result. The board will re-examine its discipline policy. Oct 7/03 New poll shows majority of Canadians favour ending section 43 Toronto Public Health releases a national survey of over 2000 adult Canadians showing 69% agree that section 43 allowing schoolteachers to physically punish children should be ended. 51% agree that the section should be ended for parents. Support for ending s. 43 for parents was 58% within the 18-34 age group and 59% among women. Those who did not strongly agree that s. 43 should be ended for parents were then asked for their opinion if: guidelines prevented prosecutions for mild spankings research showed punishment is ineffective and potentially harmful, or ending s. 43 would decrease child abuse. With these qualifications, agreement rose to 60%, 61% and 71% respectively. The survey was conducted by Decima Research in late August and has a maximum margin of error of +/- 2.2%, 19 times out of 20. The survey dispels the notion that an overwhelming majority of Canadians want to retain section 43. For further information, see www.toronto.ca/health. Survey on Spanking Law. Oct 3/03 UN Committee again asks Canada to end section 43 Geneva - The UN Committee monitoring the implementation of the UN Convention on the Rights of the Child releases its observations on Canada's second report. The Committee stated it was "deeply concerned" that Canada has taken no action to remove section 43 and regretted Canada's failure to heed the Committee's 1995 recommendation that physical punishment in the home and school be prohibited. See International Developments, UNCRC for more information and comment. Oct 1/03 Edmonton woman sentenced in beating death of infant daughter Ottawa Citizen - A 20-year-old Edmonton woman is sentenced to 4 years in prison and 3 years probation for the violent beating death of her 10-week-old daughter during a drunken rage. She was ordered to take psychological treatment and addiction counselling and to notify probation officer if she becomes pregnant again. Sept/03 Canada ranks 16th out of 27 in child maltreatment deaths UNICEF releases a Table of Child Maltreatment Deaths in Rich Nations listing the average, annual number of maltreatment deaths of children under age 15 in the 1990s in 27 industrialized countries. 15 of these countries have an annual maltreatment death rate of less than one child per 100,000 children. Canada is in the bottom half of the table with one maltreatment death per 100,000. With a population of just under 6 million children in this age group, this means that a total of 60 children die each year in Canada as a result of maltreatment. This number is slightly larger than the 54 deaths in 1977 summarized in the 1981Health and Welfare Discussion Paper Child Protection in Canada. The child population for that year was almost 200,000 higher than in the 1990s. The Discussion Paper is cited in the Research chapter of our website. Sept 26/03 Major UK political party calls for end to smacking defence Metro Cafe (A UK urban commuters' newspaper) - Delegates to a Liberal Democrat conference in Brighton vote overwhelmingly in favour of a motion urging government to end the 1860 "reasonable chastisement" defence for parents who smack children. Baroness Walmsley, who co-sponsored the motion with MP Paul Burstow, stated "It's a policy whose time has come but the Government did not have the courage to implement it." (In the UK political spectrum, the "Lib Dems" are between the Conservatives and the Labour Party.) Sept 23/03 New Zealand PM backs smacking ban New Zealand Herald - The Prime Minister of New Zealand, Helen Clark, has thrown her personal support behind repealing section 59 of the Crimes Act allowing reasonable force for correction of children. Her support comes in the wake of the death of a child from a brain injury at the hands of her stepfather. Social Services Minister, Steve Maharey, has advocated repeal since 2002. His department is due to initiate parenting courses and a $10 million multimedia education campaign next year on alternatives to physical punishment. The New Zealand report considers it inevitable that the government will repeal s. 59 within the next two years. Sept 18/03 Father charged with assault on daughter at hockey rink Globe and Mail - A 38-year-old father is charged with assault after allegedly grabbing his 10-year-old daughter by the facemask and screaming and shaking her for missing a chance to score at a hockey game in Pickering, Ontario. The man was arrested but released on a promise to appear in court on Oct. 14. A parent who witnessed the incident described it as appalling. A member of the girl's family says it is being "blown out of proportion". Sept 17/03 Canada appears before UN Committee on Rights of Child News Release, Dept. of Foreign Affairs - Government of Canada presents its second report to the UN Committee in Geneva on the Rights of the Child. The delegation, headed by Senator Landon Pearson, will answer questions on Canada's progress on implementing the rights set out in the UN Convention on the Rights of the Child. One of these rights is the right to protection from all forms of physical or mental violence, injury or abuse. Section 43 has been criticized by the Committee before and will likely be criticized again. The UN Committee is expected to publish its observations on Canada's report on October 3. See International Developments, UNCRC, for more information. Sept 11-17 British government announces plan to protect children Guardian Weekly - As a result of the death of 8-year-old Victoria Climbie at the hands of her caretakers, the British government is proposing a sophisticated system to track England's 11 million children. Where a child is known to social services, welfare authorities or police, the child's file will be flagged and contain contact details for all professionals involved. Barriers to information sharing will be removed. The inquiry into Victoria's death identified at least 12 occasions on which the child could have been saved had professionals established contact. The government also plans to appoint an independent children's commissioner. July 10/03 Saskatchewan child protection system fails toddler Toronto Star - A 20-month-old aboriginal boy is blind, palsied, and brain-damaged after being beaten by his mother's common law husband. The child and two siblings had been in foster care but were returned to the couple. The child was beaten one month after his return. A report by the Department of Community Resources could find no record of reasons for returning the child. The man was sentenced to 4 years in jail. The child is now in a Saskatoon long-term care facility. June 23/03 British Parliamentary Committees call for end to corporal punishment The Joint Committee on Human Rights and the House of Commons Health Committee recommend that the British government end the "reasonable chastisement" defence because the law's approval of "smacking" can easily escalate to greater abuse. The defence is similar to our s. 43 defence allowing "reasonable force". See International Developments, Other Countries, for more information. June 21/03 Ottawa father a "new man" after assault charge Ottawa Citizen - A father who screamed "shut up, bitch", repeatedly yelled at his 15-month-old daughter and grabbed the throat of a by-stander who came to the child's aid is given a suspended sentence for assaulting the by-stander. The conditions of the sentence are that the father enrol in parenting courses and continue treatment for alcohol abuse. He told the court that the April charge was "the best thing that ever happened" to him because it had forced him to acknowledge his problems and take steps to resolve them. His wife described him as a "new man" since then. June 6/03 Supreme Court of Canada hears CFCYL appeal The Supreme Court of Canada hears appeal by the Canadian Foundation for Children, Youth and the Law of the Ontario Court of Appeal decision dismissing its constitutional challenge to section 43 of the Criminal Code. The hearing before a packed courtroom lasted 4 hours. The Court's decisions is expected by December 2003. See Constitutional Challenge, Hearing by Supreme Court of Canada for info and comment. June 4/03 Trial of Alberta babysitter in death of 2-year-old girl Calgary Herald - Court hears final arguments in trial of babysitter accused of manslaughter for violently shaking the child and causing her death. The babysitter claimed she had slipped with child in her arms but medical professions testified that the injuries were consistent with severe shaking. May 16/03 Quebec Incidence Study of Reported Child Abuse published This first-ever Quebec study finds that 63% of substantiated physical abuse reports involve physical punishment. More information is listed under Research. May 9/03 Supreme Court grants leave to intervene in s. 43 appeal See Application to Supreme Court of Canada under Constitutional Challenge for details. May 4/03 UK finally bans smacking by "childminders" The Observer newspaper editorializes that hitting a child is never right and that the childminder ban should apply to parents, as well. See Other Countries under International Developments for more information. April 30/03 Coalition of 7 national child service organizations publish Joint Statement against physical punishment of children The Children's Hospital of Eastern Ontario (CHEO), Child Welfare League of Canada, Family Service Canada, Canadian Child Care Federation, Canadian Institute of Child Health, Canadian Public Health Assn. and Canadian Assn. for Young Children have published a Joint Statement on Physical Punishment of Children and Youth. The Statement results from 2 years of collaboration and research. Recommendations include: a public awareness campaign to inform Canadians that physical punishment is harmful and ineffective, universal parenting education, and provision of the same protection for children from assault as is provided to all adult Canadians. The Statement is being circulated to organizations concerned with children and youth with an invitation to endorse it. Available in English and French from CHEO, Ottawa, the English Statement and its French and English Executive Summaries should be on the CHEO web site at www.cheo.on.ca by early June and the French later in the month. April 30 is International SpankOut Day SpankOut Day was initiated in the USA in 1998 by organizations opposed to corporal punishment. It's now international. For information and ideas on how to organize a SpankOut Day, click www.stophitting.com and check out International SpankOut Day. Some Canadian groups, including The Council for the Prevention of Child Abuse of Windsor and Essex County, have arranged events for this Day. March/03 Scotland enacts "justifiable assault" defence The Scottish Parliament enacts new legislation changing the "reasonable chastisement" defence to "justifiable assault". It would ban parents from shaking, hitting the head or hitting children with an implement and will be implemented after a public education campaign. See International Developments, Other Countries for more information. March/03 Iceland 12th country to prohibit corporal punishment of children Iceland passed a new Children's Act this month stating that parents must protect children against any physical or mental violence. It will come into force in November/03. No legal defence allowing assaults for correction - such as our section 43 - exists in Icelandic law. The new law reinforces this protection. Mar 27/03 Church of God decision prohibits corporal punishment Toronto Star - Parents and Elgin/St. Thomas CAS agree to a court approved six month supervision order prohibiting corporal punishment of the seven children apprehended in 2001. The order includes unannounced access to parent's home by CAS. But parents will appeal the March 3 decision by Judge Schnall on the constitutional issues involved in the case. Mar 20/03 Grandparents charged in death of 5-year-old grandson National Post - Toronto grandparents charged with first-degree murder in horrific death of 5-year old grandson who died from pneumonia while in their legal custody. The child weighed 19 pounds at time of death, was bruised, with parts of his body encrusted with scabs. He and a sister had been kept in a locked room. The grandparents had been convicted of assaulting children under their care in the 1970s - one of whom had died of pneumonia with autopsy reports revealing several bone fractures. These prior convictions were recorded in Catholic CAS files but did not come to light when grandparents granted custody in family court. They were discovered only after child's death. Mar 17/03 Globe and Mail editorial applauds Church of God decision Globe and Mail - In a lead editorial, the G&M agrees with Judge Schnall's March 3 decision that the Elgin/St. Thomas CAS acted responsibly and constitutionally in apprehending the children from their Alymer home. Writing that Canada will make no accommodations for child abuse, the editorial agreed the parents had no basis for their constitutional arguments. Mar 10/03 Man convicted in death of girlfriend's 2-year-old daughter National Post - A Montreal man is convicted of manslaughter in the June 2001 death of girlfriend's two-year-old daughter. He was also convicted of aggravated assault for shaking the child so severely she suffered irreversible brain damage and of assaulting the child's five-year-old sister. Mar 7/03 Mother ordered to pay for "barbaric assaults" on children National Post - A Toronto mother who showered love on two children while assaulting and torturing two others has been ordered to pay $975,000 in a civil action for damages brought by the two children, now in their thirties. The abused children were born in Korea and remained there when their mother emigrated to Canada where she had two other children. She brought the older children to Canada five years later. They testified to frequent beatings, chokings, scaldings, being pushed down stairs, and to other assaults characterized by the court as sadistic cruelty. As a result, they suffer permanent psychological impairment. The father was described by the court as a strict disciplinarian who also beat the mother. The mother intends to appeal. Mar 4/03 Supreme Court of Canada sets June 6 for hearing s. 43 challenge The Canadian Foundation for Children, Youth and the Law receives notice from the Supreme Court of Canada that it will hear the constitutional challenge to section 43 on Friday, June 6/03. The CFCYL filed its argument with the Court on March 28. Organizations wishing to intervene in the case must apply to do so by April 25. The federal government must file its argument by May 9. All Supreme Court cases are heard in Ottawa. Mar 3/03 Reasons for Church of God constitutional decision released In a 99 page judgement, Judge Eleanor Schnall dismissed the parents' claim that their constitutional rights to security of the person under s. 7 of the Charter were violated by the apprehension of their seven children in Alymer, Ontario. Schnall J. held that apprehending the children, entering the home, and interviewing them without the parents' consent were all constitutional. Feb 28/03 Teacher charged with assault for slapping child's face National Post - A 55-year-old Toronto woman teacher is charged with assault for slapping 11-year-old boy in the face "in a rare case of school discipline leading to criminal prosecution". Described as "just a slap" by the investigating detective, parents were split on whether charges should be laid. The slap caused minor injuries. The teacher intends to plead not guilty. Feb 27/03 Suspicious death of York Region 3-month-old treated as homicide Toronto Star - Baby girl suffered fractured ribs and internal injuries as result of blunt force trauma while in care of maternal grandmother. The death is being investigated by coroner and police. Jan 31/03 Man guilty in shaking death of 2- year-old Globe and Mail - A Nova Scotia man is found guilty in death of two-year-old girl who died of shaken-baby syndrome. The 23 year-old man will be sentenced in March. Jan 30/03 Research shows link between pet abuse and child abuse National Post - The Calgary Humane Society is developing guidelines for the cross-reporting of animal cruelty and domestic violence because of studies showing a link between child abuse and abuse of pets. Child protection workers will be asked to consider the care given to pets to help determine what might be happening to children. A small grant from the federal Department of Justice to the Calgary Humane Society funds the project. Jan 21/03 Shaken baby deaths undetected Toronto Star - Severe shaking kills or injures 40 infants a year in Canada and is but the tip of the iceberg according to Ottawa pediatrician, Dr. James King. Survivors often experience behavioural or learning difficulties, some requiring costly long-term care. Dr. King's research is reported in today's Canadian Medical Association Journal. Jan 15/03 Woman jailed for years of child abuse Toronto Star - An 81-year-old woman is sentenced to 4 years in jail for years of torturing and abusing two daughters and another girl from the 1950s to the 1980s. The girls were beaten with hockey sticks and tortured with a cattle prod. The court found that the woman had practiced domination through fear and control and that the impact on the lives of the victims is irreparable. Dec 14/02 Father jailed in shaking death of baby National Post - A 36 year-old Quebec father pled guilty to manslaughter in the shaking death of his 2-month-old son and aggravated assault on the baby's twin brother. The baby died from a brain hemorrhage. The twin sustained several broken bones. The father is sentenced to 6 years in prison. Dec 7/02 Parents charged with aggravated assault on baby Globe and Mail - The parents of an 8-month-old baby girl have been charged in Toronto with aggravated assault and criminal negligence causing bodily harm as a result of a broken femur and other injuries suffered when the baby was 7 weeks old. The baby was placed in foster care by the CAS but the parents were given visitation rights by the court. A fractured skull and further injuries suffered by the child in October are now under investigation. Nov 16/02 Judge believes in "good spanking from time to time" Ottawa Citizen - Justice Roland Durand of the Quebec Superior Court returned a 12-year-old boy to his mother in a protection hearing even though she has reportedly beaten him at least three times - in August pinning him to the ground and kicking him. Saying he believes in a "good spanking from time to time", Judge Durand refused a recommendation by child protection officials that the boy be placed in his father's interim custody. Nov 5/02 Mother spared jail for abusing baby Ottawa Citizen - The adoptive mother of a 10-month-old baby girl is sentenced to two years house arrest for assault causing bodily harm that included bruises, lacerations and fractured bones inflicted over a period of months on the child. The mother was spared jail because she suffers from serious depression, is remorseful, willing to undergo psychiatric treatment and will have no future custody of children. Oct 17/02 Supreme Court of Canada will hear appeal in constitutional case The Supreme Court of Canada agrees to hear the appeal by the Canadian Foundation for Justice, Youth and the Law of the Ontario Court of Appeal decision dismissing its constitutional challenge to section 43. The appeal is expected to be heard by the end of 2003. Comment on Supreme Court of Canada decision to hear appeal Nov 8/02 Letter to Windsor Star Discipline taken too far results in abuse Re: Children's safety at stake. As a person who recognizes our collective responsibility for the protection of children within this community and country, I feel compelled to express my outrage in response to last Wednesday's editorial on spanking. The Star's apparent bewilderment with the Supreme Court's decision to review Section 43 of the Criminal Code is absurd. Perhaps the constant disregard of our children's welfare by the politicians and legal system in this country has truly distorted any effort to attain journalistic integrity when reporting on such issues. Otherwise, one could clearly understand that like any other man, woman or even animal in this country, children too, have the fundamental right to be protected from physical punishment. Perhaps the question would fare better in public opinion polls if the media reported more comparatively on both sides of the issue. People need to be informed of evidence such as the 2001 Canadian Incidence study of Child Abuse and Neglect which revealed an alarming 69% of all substantiated physical abuse cases resulted from over discipline. Given these disturbing statistics, how is it that one could describe our current spanking law as having worked well for over 100 years? Surely, the 42,000 Canadian children who may not have been physically abused had their parents or guardians practiced non violent forms of discipline, would agree with such optimistic sentiments. Section 43 of the Criminal Code is, at best, ambiguous, outdated and unconstitutional. Stephanie Segave, Leamington. Back to top Poulin Decision Summary Oct 25/02 Charlottetown, P.E.I. Lucille Poulin, a 78 year-old former nun and head of a religious commune in PEI was convicted of assault on five children between 5 and 10 years of age who lived in the commune. They were frequently beaten with a wooden "rod" or paddle because "they were born with the devil in them, which had to be beaten out". Section 43 was raised in her defence. Justice David Jenkins rejected this defence, but in doing so observed that the recent Ontario decision on the constitutional challenge to section43 provided limited guidance, and that although "most" of the use of the rod exceeded what was reasonable, corporal punishment with a rod "does not fall outside the protection of s. 43 per se". On Nov 7/02, Ms. Poulin was sentenced to 8 months in jail Comment Oct 25/02 Article in Times & Transcript (Moncton, New Brunswick) Our children must be protected For the Record is a regular feature of the editorial page. Today's column is contributed by Marlene Stuart of Riverview who says she was prompted to write it after reading about the recent trial of a former nun in Prince Edward Island. Please consider the most horrific and tragic crime in our society, child abuse. No other issue has such far -reaching repercussions on all other aspects of the child's development or in later years to all of society. No other segment of our society is less protected and more defenceless. What can be done about it? Where do we start? Society's priorities must change, attitudes must change. The day must come when it is known far and wide that to harm a child in any manner whatsoever is abhorred by all of society and subject to the severest of punishment. How do we change attitudes? The place to start this reform must first come from the laws that govern us. In particular, the laws must be changed so that it is illegal to hit or physically punish any child. Section 43 of the Criminal Code of Canada permits every parent or caretaker to use force as a means of correction toward a child if the force does not exceed what is reasonable. There are many parents and caretakers who are not capable of making reasonable judgments, especially in times of stress. Every year there are thousands of substantiated and suspected cases of physical abuse. Attempts to discipline by corporal punishment were involved in the majority of these cases. According to Statistics Canada, an average of 44 Canadian children are killed by family members each year, 35 of them are killed by parents. I suggest to you that the ones who were "killed" are the lucky ones compared to those who die a little each day at the hands of unreasonable caretakers. There are many parents and caretakers who were abused themselves, are lacking in self-esteem, are immature, mentally deficient, have low tolerance levels, are influenced by drugs of alcohol, or simply see themselves as good, strict parents, but lack the knowledge to be parents in a more compassionate way. These people are not in a state to know what reasonable force is. Perhaps if they knew it was punishable by law to harm a child, just perhaps, it would be a deterrent. Physical punishment has no beneficial consequences. Child care experts and researchers have proven it does not work, it only propagates the cycle of violence and abuse. Children are now the only remaining class of Canadian citizens who can be legally assaulted. The United Nations Convention on the Rights of the Child recommended that corporal punishment of children in the home, school and elsewhere be prohibited and in June 1995, specifically made this recommendation to the Canadian government in connection with s. 43 of our Criminal Code. It is unjust that if you strike your adult neighbour, you could be charged with assault, but if a grown man strikes a 20-pound toddler, it could be considered reasonable force. Nov 11/02 Letter to National Post Punishment Mr. Justice David Jenkins acted correctly when he convicted and sentenced Lucile Poulin, the spiritual leader of a small P.E.I. community, who repeatedly assaulted the children in her charge, to rid them of the devil. Save the Children Canada applauds this decision and hopes that advocates for spanking will soon recognize corporal punishment for what it is: child abuse. The United Nations Convention on the Rights of the Child, signed by Canada in 1991, explicitly protects children from all forms of physical violence. People who defend the use of corporal punishment are usually keen to distinguish between spanking and child abuse, and can rationalize physical punishment as being in the interest of the child. Unfortunately, spanking and beatings lie on the same continuum of physical assault. It is not an adult's right to use force with children, but rather it is a child's right to be protected from physical punishment. Nadine Grant, Save the Children Canada, Toronto Church of God Case Summary Mar 27/03 Supervision order prohibits corporal punishment Toronto Star - Parents and Elgin/St. Thomas CAS agree to a court approved six month supervision order prohibiting corporal punishment of the seven children apprehended in Alymer, Ontario in 2001. The order allows unannounced access to parent's home by CAS. But the parents intend to appeal the March 3 decision by Judge Schnall on the constitutional issues involved in the case. Mar 3/03 Decision on constitutional issues released In a 99 page judgement released today, Ontario Court Judge Eleanor Schnall decided that the constitutional rights of the parents of seven children apprehended by the Elgin/St. Thomas CAS in July 2001 were not violated. Schnall J. held that apprehending the children, entering the home, and interviewing them without the parents' consent were all constitutional. Evidence showed the children were hit with electrical cords, sticks, belts, and the wire handle of a fly swatter for such things as staying in the bath too long or going out with "messy hair", and that the "chaotic, distressful environment at the family's home at the time of removal of the children was caused - indeed, was orchestrated - by Pastor Hildebrandt ", the family's advisor and leader of the Church of God in Alymer, Ontario. The Globe and Mail carried a brief notice of the decision, but it was not reported by the Toronto Star or National Post despite the sensational coverage they accorded the apprehension last year. Oct 10/02 Claim that parents' constitutional rights violated dismissed The claim that the apprehension of seven children forceably removed from their home in Alymer, Ontario by the Elgin Children's Aid Society violated the parents' constitutional rights is dismissed by Justice Eleanor Schnall. Written reasons for her decision will be released at a later date. The decision arises out of an application for a supervision order to protect the children brought by the CAS in July/01. July 4/01. Seven children between the ages of 6 and 14 are apprehended after their parents refuse to discontinue disciplining them with a leather belt or stick. The parents belong to the Church of God, a fundamentalist Christian group that believes in this method of correction. The Elgin CAS applied to the court in St. Thomas, Ontario for an protection order. On July 27 the children were returned to their parents under an interim supervision order in which the parents agreed not to use corporal punishment and the CAS was granted the right to visit and interview the children. A hearing of the evidence resumed in May/02. Judge Schnall ordered a publication ban on the evidence. The ban was appealed and set aside on June 29/02. The hearing of the protection application is expected to resume in Dec./02 with judgement expected in early 2003. Comment July 10/01 Letter to National Post Spare the rod As long as section 43 of the Criminal Code continues to justify the "reasonable" hitting of children for "correction", this dangerous and confusing message will continue to result in the kind of situation reported in your article Kids' Removal Worse Than Spanking (July 7). There are indeed parents who believe that hitting with sticks and belts is a reasonable form of correction. They and their supporters are then outraged when child protection workers, police, and the majority of Canadians think otherwise. Most of these stressful situations could be avoided if this 1892 section of the Code were repealed. The law would then be clear that hitting children is no longer acceptable. Stressful court actions to determine whether using belts and sticks is reasonable would not be necessary. Instead, parents would be given a clear message that hitting children for correction is against the law, just as it is for everyone else. They could then be helped to learn non-violent methods of discipline. Most of those who believe in sticks and belts would in time accept that the law must protect and respect children rather than giving parents a license to hit them. Corinne Robertshaw, Repeal 43 Committee, Toronto July 21/01 Letter to Ottawa Citizen Striking a child with a switch is far more than 'spanking' The Canadian Family Action Coalition calls the removal of the Alymer, Ont., children from their home for "spanking" a "dangerous mind-control game". Let's be clear that these children were removed, not because they were "spanked", but because they were allegedly hit with a strap or switch. Most Canadians do not consider such hitting with implements to be a "spanking". Neither did the witnesses and judge in last year's constitutional challenge to section 43 of the Criminal Code, the 1892 defence to assault that, unfortunately, encourages some parents to view this kind of discipline as "reasonable". In describing this as a spanking, and characterizing the removal of the children as part of an "Orwellian...liberal academic agenda", it is the coalition, not the child-protection authorities, that is playing mind games. It obscures the issues by its use of euphemisms to disguise facts and by its use of hyperbole to alarm the public. This hinders a rational discussion on how best to protect children from violence and assist parents to learn alternatives. But perhaps the coalition does not welcome such a discussion. Corinne Robertshaw, Toronto, Repeal 43 Committee Back to top Randal Dooley Death Summary 7 year-old Randal’s death was preceded by 10 months of beatings by his stepmother, Marcia Dooley, and father, Tony Dooley. They beat him with belts, punched and kicked him over a 10-month period until the night of Sept. 24, 1998, when after a final episode of violence, he died of a brain injury. In a police interview three days later, Randal's father stated that he had "flogged" his son a month earlier for vomiting and soiling himself. Then he told Randal he loved him and explained that he had to teach him a lesson. "I was brought up believing that if you spare the rod, you spoil the child," he told police. He kept a bungee cord to hit Randal when Randal ‘misbehaved’. Randal was pronounced dead on the morning of Sept 25/98 after his father dialed 911. Parents told police he had fallen from his top bunk bed. His body was a mass of bruises, scars, and injuries in various stages of healing. He died of severe head injuries as a result of prolonged physical abuse. Stepmother and father charged and convicted of 2nd degree murder His stepmother, 32, was charged with 2nd degree murder in Oct/98 and 6 months later, his father, 36, was also charged. Both were found guilty in May/02, given an automatic life sentence and must wait 18 and 13 years respectively before seeking parole. In Dec/09, the Ontario Court of Appeal unanimously rejected their appeal. Randal’s early years in Jamaica and arrival in Canada Randal had been left in the care of an aunt in Jamaica and by all accounts, including his grade 1 Toronto schoolteacher, was a sweet, lovable child. However, he had difficulty adapting to his new food and routine and vomiting and incontinence were the result. The parents saw this as deliberate disobedience and rejection of the stepmother. The father doubted Randal’s paternity. It seems they grew to hate the child. As a result, Randal was repeatedly beaten by both, but principally by the stepmother with the father’s knowledge and consent. Which parent struck the fatal blow could not be determined. At the time of death, Randal had a dozen fib fractures, a lacerated liver, and several brain injuries. A former friend of the stepmother testified that she knew Randal was being beaten and that when she saw him he looked sick and in pain. A neighbour testified that she saw Randal looking weak and ill days before his death and had heard the stepmother yell at Randal in an angry voice. The Crown contended that other members of the Dooley family also knew how Randal was being treated. Stepmother told police that she had never seen Randal ‘really cry’. A pediatrician and expert in child abuse testified that Randal was probably too afraid to cry or tell anybody what was happening to him. Parent’s background Randal’s father moved to Toronto from Jamaica in 1992 and acquired landed immigrant status through marriage in Canada to Marcia, age 28. He then brought both sons, age 7 and 8, to Toronto in Nov/97 and Marcia became stepmother to the boys. The father left for the US after about 2 weeks and was frequently out of town. At the time of Randal’s death, the couple also had a 3-month-old baby. According to a cousin, Marcia had been neglected and badly abused by her mother as a child, and was also abused by her new husband. Report by school and investigation by Toronto police and Children’s Aid Society CAS and police investigated reports of abuse in April/98 after school officials reported concerns about Randal’s health and apparently accepted the stepmother’s explanation that the marks on Randal were caused by a Jamaican tag game in which children hit each other with belts. He was not interviewed privately because the parents objected; saying he was too young. CAS opened a file but rec’d no other reports. Randal was not registered for school in the following Sept. Calls for public inquiry After the May/02 conviction of the parents, a coalition of community groups called for a public inquiry into the role of the Toronto CAS, School Board and police in failing to protect Randal. But no public inquiry was held. On completion of the criminal proceedings in Dec/09, the coroner decided that an inquest was unnecessary. The coroner’s 2011 Annual Report will apparently include a non-identifying review of Randal’s death by the Pediatric Death Review Committee, a committee that works under the coroner’s leadership and analyzes the circumstances leading up to and surrounding the deaths of children. It develops recommendations aimed at preventing deaths in similar circumstances, but does not assign blame or responsibility. The end result is that there will be no public investigation on how and why Ontario authorities failed to protect Randal. Back to top   © All content subject to copyright.