Case Study on Canadian Foundation For Children, Youth and the Law v. Canada

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  1. Case Brief
  1. Style of Cause

Canadian Foundation For Children, Youth and the Law v. Canada

  1. Procedural History

This is an appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal, which affirmed decision from the Ontario Superior Court of Justice.

  1. Facts

      The Canadian Foundation for Children, Youth and the Law was funded by the Court Challenges Program in order to challenge Section 43 of the Criminal Code, based upon the constitutional argument that it infringes a child's equality rights under Section 15 of the Canadian Charter of Rights and Freedoms.  In 1998, the Canadian Foundation for Children, Youth and the Law commenced an application in the Ontario Superior Court, as a public interest litigant for a declaration that Section 43 of the Criminal Code is unconstitutional.  The primary basis for the challenge was the legal argument that the defence infringes the child's right to equal benefit and protection of the law under Section 15 of the Charter, and that the child's right to security of the person under Section 7 of the Charter.  Reliance was also placed upon Canada's obligations under the U.N. Convention on the Rights of the Child A coalition of groups filed an application to intervene in the matter, in support of the Foundations application at the Ontario Superior Court.  The Canadian Teachers' Federation was granted intervenor status as a party in order to file evidence, with respect to the effect of Section 43 on teachers.  They opposed the repeal of Section 43, although their stated policy position is that teachers should not use corporal punishment on students. 

  1. Issues
  1. Does Section 43 of the Criminal Code, which enables parents and teachers to reasonably educate a child without the threat of punishment under the Criminal Code violate Section 7, the Right to life, liberty and security of persons of the Charter of Rights and Freedoms?  If yes, is it saved by the reasonable limits clause in Section 1 of the Charter
  2. Does Section 43 of the Criminal Code violate Section 12; the right not to be subjected to any cruel and unusual treatment or punishment of the Charter of Rights and Freedoms? If yes, is it saved by the reasonable limits clause in Section 1 of the Charter
  3. Does Section 42 of the Criminal Code violate Section 15(1); that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law of The Charter of Rights and Freedoms? If yes, is it saved by the reasonable limits clause in Section 1 of the Charter
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  1. Decision

Supreme Court upheld decision by the Court of Appeal and dismissed the appeal, holding that Section 42 of the Criminal Code did not infringe upon Sections 7, 12 and 15(1) of the Charter. 

  1. Ratio Decidendi
  1. Section 43 of the Criminal Code does not violate Section 7 of the Charter of Rights and Freedoms.
  2. Section 43 of the Criminal Code does not violate Section 12 of the Charter.
  3. Section 43 of the Criminal Code does not violate Section 15(1) of the Charter.
  1. Reasons
  1. Although Section 43 affected ...

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