Brian Hutchinson: Father worried he’ll be jailed or deported if B.C. court rules spanking daughter was assault | Full Comment | National Post
KAMLOOPS, B.C. — He’s a young man from another country. He’s also a father. He was dating the mother when their child was conceived. Their relationship ended before the baby was born four years ago.
Steven — a pseudonym — didn’t abandon the child. He spent time with her, playing with her in the mother’s home, taking her on brief outings. Last summer, Steven agreed to look after their daughter while the mother spent the night with a friend. Something happened: A fuss was made during a diaper change, and Steven struck the little girl. When she still didn’t comply and she attempted to crawl away, he pinned her on the floor, he says. Red marks were left on her leg, and on her back. While the marks remained visible for several days, she suffered no permanent injury.
Steven was arrested and charged with assault causing bodily harm. He spent four nights in the local jail. He’s now on trial in B.C. Provincial Court; a ban on publication prevents disclosure of his identity, and the names of the mother and child. Steven is anxious, worried that he’ll receive a prison sentence or be deported from Canada. He’s also bewildered: He insists that his relationships with the mother and his daughter are fine, and that no harm was done.
Had he applied reasonable, corrective force as a parent, as Canadian law allows? Others — the RCMP, and the Crown — say he went too far in his attempts to subdue his little girl. Judge Stella Frame must decide.
Corporal punishment in any form is contentious; Canadians remain divided over its use, whether it is ever necessary or defensible. After a legal challenge, the Supreme Court of Canada decided in 2004 that spanking is permissible under certain conditions. The child must be at least two years of age, and no older than 12. The punishment must be administered by hand by the child’s parent; no objects may be applied and no blows may be dealt to the head. The spanking must be corrective; it may not be applied in frustration or anger. The amount of force used must also be “transitory and trifling in nature.” It must never be “harmful.”
Of course, what constitutes “harm” is left to interpretation. In this case, the girl’s mother was obviously concerned that some damage had been done. After returning home and finding marks on the little girl, she took her to Royal Inland Hospital, in downtown Kamloops. The attending physician was concerned enough to call in a social worker, who, in turn, contacted the RCMP.
KAMLOOPS, B.C. — He’s a young man from another country. He’s also a father. He was dating the mother when their child was conceived. Their relationship ended before the baby was born four years ago.
Steven — a pseudonym — didn’t abandon the child. He spent time with her, playing with her in the mother’s home, taking her on brief outings. Last summer, Steven agreed to look after their daughter while the mother spent the night with a friend. Something happened: A fuss was made during a diaper change, and Steven struck the little girl. When she still didn’t comply and she attempted to crawl away, he pinned her on the floor, he says. Red marks were left on her leg, and on her back. While the marks remained visible for several days, she suffered no permanent injury.
Steven was arrested and charged with assault causing bodily harm. He spent four nights in the local jail. He’s now on trial in B.C. Provincial Court; a ban on publication prevents disclosure of his identity, and the names of the mother and child. Steven is anxious, worried that he’ll receive a prison sentence or be deported from Canada. He’s also bewildered: He insists that his relationships with the mother and his daughter are fine, and that no harm was done.
Had he applied reasonable, corrective force as a parent, as Canadian law allows? Others — the RCMP, and the Crown — say he went too far in his attempts to subdue his little girl. Judge Stella Frame must decide.
Corporal punishment in any form is contentious; Canadians remain divided over its use, whether it is ever necessary or defensible. After a legal challenge, the Supreme Court of Canada decided in 2004 that spanking is permissible under certain conditions. The child must be at least two years of age, and no older than 12. The punishment must be administered by hand by the child’s parent; no objects may be applied and no blows may be dealt to the head. The spanking must be corrective; it may not be applied in frustration or anger. The amount of force used must also be “transitory and trifling in nature.” It must never be “harmful.”
Of course, what constitutes “harm” is left to interpretation. In this case, the girl’s mother was obviously concerned that some damage had been done. After returning home and finding marks on the little girl, she took her to Royal Inland Hospital, in downtown Kamloops. The attending physician was concerned enough to call in a social worker, who, in turn, contacted the RCMP.
