Difference between revisions of "Rights of the Child (6:VI)"

The ''Criminal Code'' (s 43) allows a school teacher to use discipline that is reasonable in the circumstances. This section refers to the use of reasonable force (see the definition given by the Supreme Court of Canada under Section XI.C, above). However, the School Act specifically states that discipline of a student must be similar to that of a kind, firm, and judicious parent, but must not include corporal punishment (s 76(3)).

The ''Criminal Code'' (s 215) imposes criminal sanctions on parents who fail to provide their children with the necessaries of life until they reach the age of 16. This has been held to include adequate medical treatment, and a court may also extend the duty to an older child who cannot become independent of their parent(s) due to factors including age and illness. Section 218 of the ''Criminal Code'' imposes criminal sanctions on any person who abandons or exposes a child less than 10 years of age to the risk of permanent injury, damage to his or her health, or risk to his or her life.  

Under the ''CFCSA'', children under the age of 19 may be removed if they are deprived of necessary medical attention, but only by a court order (s 29). Where a child is removed, emergency medical care can be given at the Director’s authorization (s 32). In cases where the only issue is the parents’ refusal of necessary medical attention, the Director can apply for a court order authorizing the medical care without removing the child from the parents’ custody (s 29).

A court of competent jurisdiction may order medical treatment for any child if the court is satisfied that such treatment is required, and that parental consent is being unreasonably withheld. This is part of the inherent parens patriae (guardian of persons under a legal disability) jurisdiction of the Supreme Court, and is now codified under s 29 of the ''Child, Family and Community Service Act'' [''CFCSA''].