Canadian Judge ok's Dad's apanking in Calgary divorce case

http://www.canoe.ca/NewsStand/Calgar...09/532794.html



Fri, July 9, 2004



Judge OKs spanking

Dad's actions ruled reasonable
By KEVIN MARTIN, CALGARY SUN

Spanking his eight-year-old son after the boy threatened to "grab a lawyer" and
sue him wasn't a criminal act by a city dad, a judge ruled yesterday. Judge Bob
Wilkins said James Dean Boyd exercised reasonable force when he disciplined his
son 19 months ago.

"The force used by the accused falls within the scope enunciated by the Supreme
Court of Canada and was 'a minor corrective force of a transitory and trifling
nature,'" Wilkins said.

"The action of the accused in spanking his son was for corrective purposes."

Police were called by Boyd's ex-wife after she discovered bruising on the
child's bum after he was returned to her Nov. 23, 2002, following an access
visit.

Defence lawyer Joel Livergant argued the bruising occurred while the child was
tobogganing, but Wilkins said without medical evidence, he could not say what
caused the injury.

Boyd admitted spanking the child three times on the behind for disciplinary
reasons after the child had acted up and told the father to "shut up."

The incident occurred at Boyd's brother's home and involved a dispute between
the child, whom Wilkins did not identify by name, and his cousins.

The judge noted the boy stood on stairs, yelling "I hate this place, I hate
you, I'm going to grab a lawyer, I'm going to sue you all and I'm going to live
in a foster home."

"This outburst was followed by the child telling his father to 'shut up,'"
Wilkins said.

"I accept his explanation that the spanking was done for corrective purposes,
as a last resort and was not done out of anger, maliciousness or revenge," the
judge said.

Wilkins said the Criminal Code permits persons in authority to use force for
discipline as long as it is reasonable under the circumstances.

He said Boyd's actions were intended to be for educative or corrective purposes
and the force used was not excessive.

Outside court, a relieved Boyd said it's important to have legislation that
protects a parent's right to discipline a child.

"It just reinforces, or gives the parent the opportunity to reinforce a verbal
command with a reasonable amount of force," he said.

"To let young people know ... there's a consequence for their actions."