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The worm turns Canada keeps families in charge
On Mon, 23 Feb 2004 16:05:48 -0500, Ivan Gowch
wrote: On 15 Feb 2004 14:52:54 GMT, (Fern5827) wrote: ==As I predicted, The High Court in Canada did not overturn parents liberty ==interests in the education of their minor children. Actually, parents' "liberty interests" had nothing whatsoever to do with it. The court did, in fact, uphold the constitutionality of Sec. 43 of the Criminal Code of Canada, which exempts children from the otherwise-universal prohibition against physical assault. At the same time, however, the court defined what constitutes "reasonable" force in the correction of children so strictly that, as a practical matter, parents risk prosecution if they administer any corporal punishment that a court would regard as being more than "minor corrective force of a transitory and trifling nature." "Transitory and trifling," get it? That eliminates "spanking" as most people understand the word. And, getting even more specific, the court said it is not reasonable -- and it is therefore illegal -- to assault a child under the age of two and over the age of 12, to use any inanimate object whatsoever, and to strike a child on the face or head. So, Fern, if you want to crow that the Supreme Court of Canada did not ban assault on children altogether, go ahead. But understand that the court also limited the acceptability of such assaults so narrowly, that, practically speaking, a parent who deliberately hurts his/her child where other people can see it runs a far greater risk of prosecution and conviction than before the court ruled. Still consider this a victory for your side, Fern? Of course. That would be standard ops for those that are thinking disabled. What they miss, or neurotically blind themselves to is that this is but a step, a preparatory ploy by the politicos and the court, to get the folks ready for the next step....a total ban. Canadian politicians are no less canny than ours when it comes to mixing the medicine with a dose of sweet juice. One little step at a time. Let them think the preservation of the constitutionality of that law going to allow them to keep walloping their kiddies. Watch what happens in courts now when that defense is used. The judges know what's up and they will find so that they are not overturned on appeal. The next step.......try some cases where a parent just used a trifling tap and watch the definition move to NO tap is triffling. All my warning to folks to voluntarily give up the practice of spanking has been for naught. What I said will come to pass will, in this country as well. And just as Canada, and what I fear most, the FEDS will determine what is and isn't "parenting" in all it's permutaions and byways, by this one thing, this one item. Canada is a lesson the spanking states better catch on to really quick or they could be facing things like the withdarwal of funding for child welfare in states that still have too liberal an interpretation of "spanking." The whole thing is set to go if one just stops and puts it together. DHHS is inviting in conservative church groups to help set law. This particular adminstration isn't going to be here forever, and the backlash will result in more liberal laws being passed that more constrain "spanking." It's a commin' folks. Kane |
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