Poste - Canadian Coalition for the Rights of Children

C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N
should take to protect children and prevent violence and
emphasizes the relevance of social conditions to the
protection of children from violence, and in particular, to
the protection from neglect and maltreatment. It is
therefore linked to other relevant Convention articles,
particularly the duty in article 4 to implement measures
“to the maximum extent of available resources,” article
18 (obligation to render appropriate assistance to
parents), and articles 26 and 27 (children’s right to
benefit from social security, and to an adequate standard
of living.)
The Committee on the Rights of the Child has
emphasized that corporal punishment is incompatible
with the Convention and has called for a clear prohibition
of all corporal punishment—in the family, in other forms
of care, in schools, and in the penal system—and has
proposed, in this regard, that legal reform should be
coupled with education campaigns in positive discipline
to support parents, teachers and others.
It is true that article 5 of the Convention requires States
Parties to “respect the responsibilities, rights and duties
of parents to provide appropriate direction and guidance”
to children. Nevertheless, the Committee has commended
States Parties that have implemented a clear prohibition
of corporal punishment within the family and has
particularly criticized a number of countries whose
criminal and civil law includes specific confirmation of
parents’, teachers’ and some other caregivers’ rights to
use violent forms of punishment provided it is
“reasonable” or “moderate.” In this regard, the
Committee has stated that “the dividing line between the
two [correction of children and excessive violence] is
artificial. It is very easy to pass from one stage to the
other. It is also a question of principle. If it is not
permissible to beat an adult, why should it be permissible
to do so to a child?”
Introduction
Article 19 requires countries to take broad measures to
protect children from maltreatment, including violence,
abuse and neglect. This report focuses on child protection
systems in Canada and presents issues and concerns
around corporal punishment. The research focuses on
Canada’s three most populous provinces—Ontario,
Quebec and British Columbia—but includes some
information from other jurisdictions.
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A lack of resources limited research on prevention
issues. Although comments from experts indicate that
little is known about prevention programs, more
evaluation is needed, prevention programs are often the
first to be cut when budgets are squeezed, and that
without prevention services, the practice reverts to
apprehension of the child instead of providing support
to families.
Overview of Child Welfare in
Canada
In Canada, the protection of children from maltreatment
is the responsibility of provincial and territorial child
welfare systems. Every province and territory has its
own child welfare legislation and service delivery
network and it is difficult to compare systems.
Statistically, there are “extensive variations” in the types
of data collected and the manner in which they are
reported in the various jurisdictions. 2 Over the years,
many task groups have recommended that national
statistics on the number of children who are reported to
child protection authorities be collected. 3 To this end,
the federal government initiated the Canadian Incidence
Study of Reported Child Abuse and Neglect, which is
expected to publish its first report in 2000. 4
The child welfare legislation in every province and
territory generally recognizes that families are
primarily responsible for the “care, nurturing,
supervision and protection of their children” and that
families should be “supported and preserved.” Most
Canadian child welfare legislation also recognizes that
children have “certain basic rights, including the right
to be protected from abuse and neglect and that
governments have the responsibility to protect children
from harm.” 5 The legislation in each province and
territory defines when a child is in need of protection
and when the government can intervene to protect the
well-being of a child who is at risk. 6
Within each province or territory, child protection
services are responsible for investigating alleged or
suspected child abuse or neglect, providing appropriate
family services and/or removing a child from the family
home (temporarily or permanently) when required.
Removing a child in need of protection from the family
home is referred to as “taking a child into care.” 7