BC Institute Against Family Violence Media Releases
Dedicated to the Elimination of Family Violence Through Research and Information
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For Immediate Release: February 7, 2002
Contact: Penny Bain, phone: 604-669-7055 or 1 877-755-7055 or
pbain@bcifv.org or www.bcifv.org

Media Release:
New BCIFV Video Coincides With Ontario
Court of Appeal Decision on Section 43

The January 21st ruling by the Ontario Court of Appeal as to how Canadian courts should interpret Section 43 of the Criminal Code comes at an interesting time for the BC Institute Against Family Violence. BCIFV is currently producing a video and curriculum material, for use by ESL teachers with their adult students, explaining Canadian standards and laws regarding child discipline.

"The video will consist of three five-minute scenarios in which parents who are newcomers to Canada respond to child-rearing situations", says Penny Bain, Executive Director of BCIFV. "Our goal is not to explore the issues in an exhaustive way, but to catalyze discussion. Newcomer parents face many unique stresses. We hope that by shedding light on areas such as the Canadian perspective regarding the continuum between discipline and abuse we can facilitate the difficult transition newcomer families often face as they adjust to Canadian life and culture."

Yet as the recent Ontario CA decision illustrates, says Bain, this is an area that continues to require clarification in law for all parents in Canada. Despite variations in parenting styles across this multicultural country, the concept that physical discipline can escalate to physical abuse is widely accepted. It is also widely accepted that when care-giving adults pass a certain point on that continuum, child-protection intervention is needed, and when they pass a further point, criminal prosecution is needed. The purpose of the law is to define these points in a way that reflects Canadian values, which it currently does not do.

"Those who oppose the repeal of Section 43 - or at least amending it to clearly define 'reasonable force' - perhaps do not realize that the law is not now and is not likely to become an instrument for micro-regulating parenting techniques," says Bain. "However, as it currently stands, Section 43 can and is used as an instrument for shielding adults accused of a level of physical punishment that most Canadians - including those who believe in corporal punishment - would find unacceptable."

The point of repealing or amending Section 43, therefore, would be to clarify in law, for native-born Canadians as well as newcomers, what is already clear in most Canadian homes: that child-rearing standards and practices in this country have changed. "The law must reflect that change," says Bain.

Production of BCIFV's new video and curriculum material, entitled "Life in the Family: a Newcomer's Guide to Parenting Issues in Canada," is funded by a grant from the Canadian Heritage Multiculturalism Program. It is being overseen by an advisory committee including advocates for newcomer parents, ESL teachers, and experts in the fields of parenting, child abuse, and the law.

For more information, contact Penny Bain, Executive Director of the BC Institute Against Family Violence at 669-7055 or 1 877-755-7055, pbain@bcifv.org or www.bcifv.org.

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