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Spanking is not automatically a crime in Canada, but the protection for it is narrow. Section 43 of the Criminal Code lets a parent use only minor, corrective force on a child, and the Supreme Court of Canada has ruled out force on children under two or teenagers, the use of objects, blows or slaps to the head, and anything done in anger or that causes harm. Outside those limits, the same act can be prosecuted as assault.
This article attempts to clarify to what extent parents or teachers can physically discipline children under their care.
Section 43 of the Criminal Code of Canada, enacted in 1892, provides parents, teachers and caregivers a defence to an assault allegation when they use corporal punishment as “reasonable force” to discipline children. The caregivers it covers are narrower than many people assume: a “person standing in the place of a parent” means someone who has assumed all the obligations of parenthood, such as a foster parent may have, and not someone minding a child for an evening, such as a babysitter (Canadian Foundation, para. 21).
The Supreme Court of Canada upheld the century-old law in 2004, in Canadian Foundation for Children, Youth and the Law v Canada (Attorney General), 2004 SCC 4, when it was asked to rule on whether the section violates children’s rights under the Charter, and so whether spanking can still count as “reasonable force” for disciplining children or must be treated as a form of assault. A six-judge majority upheld it; three judges dissented in whole or in part. Read the full judgment of that ruling on the Supreme Court’s website.
- The law
- Criminal Code s. 43A defence to an assault charge, not a right to hit
- The ruling
- 2004 SCC 4Upheld 6–3 by the Supreme Court, with strict limits
- What it protects
- Minor force onlyCorrective, “transitory and trifling”, and never on a child under two or a teenager
- Status in 2026
- Still the lawThe last bills to repeal it died in January 2025
What does section 43 of the Criminal Code say?
Four elements. If any one is missing, the defence fails and the force is judged as an ordinary assault.
The section reads: “Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.” It has not been amended since the Code was last revised in 1985.
Section 43 contemplates four elements which must be present if the disciplining is to be justified:
- a certain relation between the discipliner and the child;
- the force used must be used for the purpose of correction;
- the child must be under the care of the discipliner when the force is used; and
- the force must not “exceed what is reasonable under the circumstances”.
The Supreme Court read two limits into “by way of correction”. The person must have meant the force to teach or correct, so an outburst of anger or frustration is never covered. And the child must be capable of learning from it: force on a child under two cannot be corrective, and the same can be true of an older child because of a disability or other circumstances (Canadian Foundation, paras. 24–25).
It is a defence, not a permission. Any intentional application of force without consent is an assault under s. 265(1)(a) of the Criminal Code. Section 43 does not make spanking lawful in the abstract; it justifies force that meets every one of its conditions, and the question is decided on the facts of each case.
Where did the Supreme Court draw the line on spanking?
Below is a summary of the limits placed on parents and teachers utilizing corporal punishment as a form of corrective discipline towards a child. The Court described them as the “solid core of meaning” of “reasonable under the circumstances”, and said the test is objective: it is wrong for police or judges to apply their own views of what is reasonable (Canadian Foundation, para. 40).
Minor force only
Supreme Court, para. 40
Section 43 applies only to minor corrective force of a transitory and trifling nature. It does not extend to force that causes harm or creates a prospect of harm.
Not under two, not teenagers
Supreme Court, paras. 25 and 40
Children under two cannot learn from physical correction, and corporal punishment of teenagers is harmful. Neither is protected.
No objects, nothing to the head
Supreme Court, para. 40
Discipline with an object such as a belt, ruler, cane or slipper is unreasonable, and so are blows or slaps to the head.
Nothing degrading or harmful
Supreme Court, para. 40
Degrading, inhuman or harmful conduct is not protected, whatever form it takes.
Never in anger
Supreme Court, paras. 24 and 40
Conduct that comes from frustration, loss of temper or an abusive personality is not corrective, so the section does not apply.
Teachers: removal, not punishment
Supreme Court, para. 40
A teacher may use reasonable force to remove a child from a classroom or to secure compliance with instructions, but not as corporal punishment.
While some limited forms of corporal punishment are still available to parents and teachers, the circumstances under which they can be applied as a means of corrective discipline are significantly limited. Conduct that goes beyond the boundaries set out by the Supreme Court of Canada will likely be vigorously prosecuted.
The Court was divided. Justice Binnie would have struck the section down as it applies to teachers, and Justices Arbour and Deschamps would have struck it down altogether. The majority’s limits are the law that trial courts apply today.
What happens when discipline goes beyond section 43?
Force that falls outside s. 43 is judged like any other assault. The charge depends on what was used and what it caused. Discipline with a belt or another object can be charged as assault with a weapon, because the Criminal Code defines a weapon as anything used to cause injury (s. 2). An injury that is “more than merely transient or trifling” is bodily harm (s. 2), which raises the charge under s. 267.
| Charge | Maximum on indictment | If the Crown proceeds summarily |
|---|---|---|
| Assaults. 266 | 5 years | 2 years less a day and/or $5,000 |
| Assault with a weapon or causing bodily harms. 267 | 10 years | 2 years less a day and/or $5,000 |
| Aggravated assaults. 268 | 14 years | Indictment only |
Summary maximums are set by s. 787(1). At sentencing, a judge who finds that an offence involved the abuse of a person under 18 must give primary consideration to denunciation and deterrence (s. 718.01), and abuse of a family member, of a person under 18, or of a position of trust are all aggravating factors (s. 718.2(a)(ii), (ii.1) and (iii)). A finding of guilt is not the only possible outcome: assault charges can end in a withdrawal, a peace bond, a discharge or an acquittal. For how these cases are defended, see our assault charges page and, where the allegation arises at home, our domestic assault page.
Has Canada banned spanking?
Not yet. Section 43 is still in the Criminal Code as of September 2026, word for word as it read when the Supreme Court upheld it.
The Truth and Reconciliation Commission’s Call to Action 6 asks Parliament to repeal it, and two bills in the last Parliament tried. Bill S-251, a Senate public bill introduced in June 2022 to respond to Call to Action 6, passed second reading in the Senate in June 2023 and was sent to committee. Bill C-273, a private member’s bill in the House of Commons, reached third reading in September 2024. Both bills would have repealed s. 43 outright. Neither received Royal Assent: both died when the parliamentary session ended on January 6, 2025. No bill to repeal s. 43 is before the current Parliament.
If a repeal does pass, it would take away the defence entirely. Force used on a child would then be judged like force on anyone else, and cases would turn on the ordinary law of assault and on prosecutors’ discretion.
What should you do if you are accused of hitting your child?
These allegations can start with something a child says at school or to another adult. The case that follows can affect where you live and when you see your children, long before any trial.
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Speak to a lawyer before you explain
Police may ask a parent to “tell their side”. What you say about why you acted, and how hard, goes to the heart of s. 43. Get advice first.
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Release and conditions
If you are charged, release conditions can limit contact with the child or bar you from the family home while the case is open. A lawyer can seek conditions that let the family function. See our bail hearings page.
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Measure the facts against the limits
The child’s age, the purpose of the force, what was used, where it landed and whether it left any mark: each is tested against the Supreme Court’s limits once the Crown’s disclosure arrives.
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Resolution or trial
Where the evidence is weak or the force was minor and corrective, the case may be withdrawn, resolved or defended at trial, with s. 43 raised as a defence. Think about the family court and child-protection side as well: see family law consequences of criminal convictions.
Why Choose Daniel Brown Law?
Daniel Brown Law is a leading Canadian criminal defence firm. Our lawyers defend parents and caregivers accused of assault across the Greater Toronto Area.
A nationally recognized defence firm
An award-winning reputation in criminal defence: ranked among Canada’s top criminal law boutiques by Canadian Lawyer, listed for criminal defence by The Globe and Mail and Best Law Firms, and voted Best Law Firm and Best Legal Services by Toronto Star readers.
Assault defence is core work
Our lawyers defend assault and domestic assault charges from the bail hearing to trial. See our assault and domestic assault pages.
A defence built on the facts
Whether s. 43 applies turns on details: the child’s age, why force was used, what was used and whether it caused harm. We test each one against the evidence.
The whole family picture
A charge involving your own child can affect bail conditions, family court and child protection. We plan the criminal defence with those consequences in mind.
Recognized by the profession and the public
Daniel Brown Law is ranked among Canada’s top criminal law boutiques by Canadian Lawyer, listed by The Globe and Mail and Best Law Firms for criminal defence, and voted Best Legal Services by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.
Best Law Firms: Criminal Law
The Globe and Mail, 2026
Top Criminal Law Boutique
Canadian Lawyer, 2026–27
Criminal Defence, Tier 1
Best Law Firms Canada, 2026
Best Lawyers in Canada
Criminal Defence, 2027
Toronto Star Readers’ Choice
Best Law Firm and Best Legal Services, repeat winner
Crime, Nationwide
Chambers Canada, 2027
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Canada’s Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Canada’s Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
- Toronto Star Readers’ Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Chambers Canada 2027 — ranked for Crime, nationwide, by Chambers and Partners
- Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)
Corporal Punishment in Canada — Frequently Asked Questions
Short answers to the questions parents ask about spanking and the law.
The law in Canada
Is spanking legal in Canada?
Only within narrow limits. Section 43 of the Criminal Code gives a parent a defence to an assault charge for minor, corrective force on a child in their care. The Supreme Court of Canada upheld it in 2004 but excluded children under two and teenagers, the use of objects, blows or slaps to the head, and force used in anger or that causes harm. Anything outside those limits can be prosecuted as assault.
Is it illegal to spank your child in Ontario?
The answer is the same across Canada, because the Criminal Code is federal law. In Ontario, as in every province, a spanking is a crime unless it meets every condition of s. 43 and the limits the Supreme Court set in Canadian Foundation, 2004 SCC 4.
Has section 43 been repealed?
No. As of September 2026, s. 43 is unchanged. Bills S-251 and C-273 would have repealed it in response to the Truth and Reconciliation Commission’s Call to Action 6, but both died when the parliamentary session ended on January 6, 2025, and neither received Royal Assent.
The limits on corporal punishment
Are all types of corrective force protected by section 43?
Section 43 applies only to minor corrective force of a transitory and trifling nature. Should the force applied cause visible injuries such as cuts or bruising, the discipline would fall outside of what is considered permissible under the section: it does not extend to force that causes harm or the prospect of harm.
Who is considered a “child” under the section?
Section 43 does not apply to the corporal punishment of children under the age of two or to teenagers. Corporal punishment of children outside that age range is not protected by s. 43 and can be prosecuted as an assault under Canadian criminal law. The Court noted that a parent or teacher may still reasonably restrain or remove a teenager from a situation, short of corporal punishment, and that a child of any age who cannot learn from the correction, for example because of a disability, is outside the section.
Can the form of corporal punishment utilize non-traditional methods?
Section 43 does not apply to degrading, inhuman, or harmful conduct. Any form of punishment that meets this definition will not be protected by the legislation.
Can corporal punishment be implemented using objects such as a belt?
No. Discipline by using objects such as belts, canes, or slippers is not acceptable, and it can be charged as assault with a weapon. The Supreme Court did not list approved methods; it held that only minor corrective force of a transitory and trifling nature is protected, which in practice leaves little beyond a light smack with an open hand that causes no harm. Punches or kicks are also not appropriate forms of discipline. Additionally, blows or slaps to the head, including open-handed slaps, are considered unreasonable.
Can a teacher administer the same type of corporal punishment a parent can?
No. Teachers may not discipline children by using corporal punishment but they may reasonably apply force to remove a child from the classroom or to secure compliance with instructions.
What if the parent hits the child out of frustration or anger? Can that fit under the protection of section 43?
No. As the conduct must be corrective, the section does not apply to a parent or caregiver’s conduct which emerges from frustration, loss of temper or abusive personality. Such conduct will fall outside of the protections of section 43 and can be prosecuted as an assault in law.
If you are accused
Can you go to jail for slapping your child in Canada?
It is possible. Assault carries up to five years on indictment, or up to two years less a day if the Crown proceeds summarily, and a slap to the head is outside s. 43. Sentences depend on the facts and the person’s background, and cases can end without a jail sentence or without a conviction at all.
What happens if you are accused of hitting a child in Canada?
Police may investigate and lay an assault charge. Release conditions can restrict contact with the child or the family home while the case is open. The defence then tests the evidence against s. 43 and the Supreme Court’s limits. Speak to a criminal lawyer before you give police a statement.
Charges we defend
Learn more about some of the charges we defend. We defend more than what we have written blog articles about.
- Assault
- Bail hearings
- Bail pending appeal
- Coercive control
- Criminal appeals
- Criminal harassment
- Dangerous driving
- Distributing an intimate image
- Domestic assault
- Drug possession
- Drug trafficking
- Extradition
- Fail to appear at court
- Fail to comply with bail
- Failing to remain at the scene
- Firearm and weapon possession
- Forcible confinement
- Fraud
- Impaired driving
- Importing drugs
- Mischief
- Murder and manslaughter
- Obstruct police
- Peace bonds
- Public mischief
- Refusing a breath sample
- Robbery
- Sexual assault
- Sexual exploitation
- Theft and shoplifting
- Uttering threats
- Voyeurism
- Young offenders
Accused of assaulting your child? Talk to Daniel Brown Law
What you say early on matters, and so do the release conditions set at the start of the case. To arrange a confidential consultation with Daniel Brown Law, contact our team or call our office at (416) 297-7200.
Phone: (416) 297-7200
Office: Daniel Brown Law, 400–103 Church St., Toronto, ON M5C 2G3