The Constitutional Validity of the Corporal Punishment Defence in Canada: A Critical Analysis of Canadian Foundation for Children, Youth and the Law Versus Canada (Attorney General)

In Canadian Foundation for Children, Youth and the Law Versus Canada the Supreme Court rejected the Foundation's arguments that the corporal punishment defence denies children rights that are guaranteed to them under the Canadian Charter of Rights and Freedoms. The author argues that among the unfortunate aspects of the Court's decision is the extent to which it identifies the perpetrators of violence against children, rather than the children themselves, as the most deserving recipients of concern about victimization in the debate over the retention of the corporal punishment defence. By failing to extend basic human rights protections to our most vulnerable citizens, the Foundation decision raises troubling questions about the effectiveness of the Charter and the relationship of Charter litigation to other law reform strategies.