Better leave the neighborhood kids alone

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PRO BONO

Dear Tuma:

I heard that the Supreme Court of Canada said that it is OK to spank kids. Is this true? My kid told me that I couldn't hit him and that if I did, he would call the Children's Aid. How hard can I spank my child? What about the neighborhood kids? They're the ones who are the worst and need a good old-fashioned spanking to teach them a thing or two. Can I use the "Slipper" or better, the traditional "switch?"

He's going to get it now

Dear He's going to get it now:

The Supreme Court of Canada has recently ruled that parents who spank their child for corrective or educational purposes can rely on Sec. 43 of the Criminal Code as justification for their actions. Section 43 provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care provided that the force used is reasonable in all of the circumstances. The court went on to say what was reasonable and they gave examples of what types of spanking will be reasonable and what types are not.

You may not spank or hit a child under the age of two because they do not understand why this is being done. You may not spank or hit a teenager because it can produce aggressive or antisocial behavior. You may not use any objects such as a belt, ruler, slipper or switch. You may not slap or hit the child around the head. You may not hit the child in anger or in frustration. Teachers are not allowed to use corporal punishment, but can use reasonable force to remove or restrain a child.

A babysitter, grandparent, aunt, neighbor or anyone else is not allowed to spank a child unless that child is in the custody or care of the adult and that adult has taken on all the responsibilities of the parent.

Only the mildest forms of spanking and only under times when it is needed to correct or educate a child's behavior are allowed. Finally, Health Canada recommends that parents do not spank or hit their children. There are alternatives that are more effective in correcting a child's behavior such as time outs, or denial of privileges.

Dear Tuma:

My question for you is that I am wondering if you know anything about a branch for youth activities and programs that would help youth in Canada or the U.S. I am very interested into looking at self-government that will allow youth the opportunity to have a system of government. Instead of writing to adults that are always in charge of releasing funds to the youth after they write a proposal, I'm just saying that that is unfair that the youth of all of Canada or the U.S. have not the opportunity to run their own system of government with their own funds that would be allocated from the Indian Affairs.

Self Government for the Youth

Dear Self:

There is a way for a group of youth to access funds without it having to go through an established organization or band council. You could start what is known as a society or a charitable organization.

A group of youth, or anyone else, can get together and form an organization, society, charity or a group. You can write the bylaws in which the group can use to govern itself; e.g., how the leaders will be selected, how will you manage your finances, what activities you will do and who can be a member.

Once you have done this, then you can register under a provincial societies act or under the Canada Corporations Act. You can then apply for grants, write proposals and submit these to funding agencies on your own without having the funds go through the band council. Remember, you will have to have an annual general meeting, plus appoint an auditor each year.

Once set up and running, the society can last as long as it needs and will help the youth to work towards their goals. The society may not work in establishing a system of governance for youth, but it may allow you to set up a program where you can educate or develop leadership skills for youth. As far as support goes, thre are many government departments that have programs and projects specifically geared towards youth.

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a PhD in law at the University of British Columbia, and questions should be sent to puoin@telus.net.