Bill S-209 explained in plain English
An Act to amend the Criminal Code (protection of children)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-209 amends the Criminal Code to remove the justification for using force for correction by teachers and parents, replacing it with a narrower definition of "reasonable force" for specific protective purposes.
Bill S-209, An Act to amend the Criminal Code (protection of children), proposes to remove the justification in the Criminal Code that allows teachers, parents, or guardians to use force as a means of correction towards a child. It would replace this justification with a new provision that permits the use of "reasonable force" (defined as transitory and minimal) by these individuals for specific purposes: preventing harm, stopping criminal behaviour, or stopping excessively offensive or disruptive behaviour. The bill also specifies a commencement date of one year after receiving royal assent, or earlier if decided by the Governor in Council, allowing time for public education and coordination with provinces.
- Removes the existing justification in the Criminal Code for teachers, parents, and guardians to use force as a means of correction towards children.
- Replaces the removed justification with a new provision that permits the use of 'reasonable force' by teachers, parents, and guardians.
- Defines "reasonable force" as an application of force that is "transitory and minimal in the circumstances."
- Specifies that "reasonable force" can only be used for the purposes of: preventing or minimizing harm to the child or another person; preventing a child from engaging in criminal conduct; or preventing a child from engaging in excessively offensive or disruptive behaviour.
- Sets the coming into force of the Act one year after receiving royal assent, or on an earlier day set by the Governor in Council.
- Schoolteachers
- Parents
- Persons standing in the place of a parent
- Children under the care of these individuals
- The right of schoolteachers, parents, and persons standing in place of a parent to use force for correction is removed.
- A new justification is created for using "reasonable force" (defined as transitory and minimal) for specific protective purposes.
- The Act comes into force one year after the day on which it receives royal assent, or on any earlier day that may be fixed by order of the Governor in Council.
- The bill does not specify what constitutes "excessively offensive or disruptive behaviour".
- While "reasonable force" is defined as "transitory and minimal", the specific application of this definition in various circumstances is not detailed in the bill text.
Section 43 of the Criminal Code, which currently justifies the use of reasonable force by teachers, parents, or guardians for correction, is repealed and replaced with new provisions.
Source: Section 1 of the Bill
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-209, An Act to amend the Criminal Code (protection of children), completed its first reading in the Senate on January 27, 2009, and was later referred to a committee on June 22, 2009.
This artifact describes the initial procedural step for Bill S-209 in the Senate. On January 27, 2009, the bill received its first reading, which is a formal introduction. Later, on June 22, 2009, the bill was referred to a Senate committee for further examination. The artifact also notes that the bill is currently at the 'consideration in committee' stage. Information about major speeches and similar bills from previous parliaments are also included.
On January 27, 2009, the Senate observed a moment of silence, heard statements on international and domestic issues, introduced multiple bills including one to amend the Criminal Code (protection of children), debated government actions and the economy, and began discussing the Speech from the Throne.
This document details the proceedings of the Senate on January 27, 2009. The Senate observed a moment of silence for fallen soldiers in Afghanistan. Senators then made statements on various topics, including the inauguration of U.S. President Barack Obama, the 40th anniversary of the Official Languages Act, the UN Human Rights Council's resolution on the conflict in Gaza, and youth justice initiatives. Routine proceedings included tabling a document, adopting a motion on senators' property qualifications, and introducing several bills at first reading, including Bill S-209, an Act to amend the Criminal Code (protection of children). The Senate also considered notices of motions regarding committee studies and changes to sitting times. Question Period involved discussions on the state of the economy and the government's appointment process. The Senate then began debate on the Speech from the Throne, which was adjourned.
Bill S-209, concerning amendments to the Criminal Code for child protection, completed its second reading in the Senate and was then referred to committee.
This record details the progress of Bill S-209, An Act to amend the Criminal Code (protection of children), through the Senate. The bill completed its second reading stage on March 24, 2009, after speeches from the sponsor and another Senator. Following this, the bill was referred to a Senate committee on June 22, 2009, and is currently at the consideration in committee stage.
On March 24, 2009, the Senate sat and, among other business, the second reading debate for Bill S-209, concerning the protection of children, was adjourned.
This artifact is a record of the Senate sitting on March 24, 2009. It details the proceedings of the day, including tributes, senators' statements, routine proceedings, question period, and orders of the day. Notably, it shows that Bill S-209, an Act to amend the Criminal Code (protection of children), was brought forward for second reading but its debate was adjourned. It does not contain the text of the bill or any decision made on it during this sitting.
On May 26, 2009, the Senate held a sitting that included tributes, tabling of reports, oral questions, and adjourned debates on various matters, including Bill S-209 concerning the protection of children.
This document records a sitting of the Senate on May 26, 2009. The sitting included tributes to the late Senator Orville Howard Phillips, tabling of various reports, introduction of new bills, oral questions and answers on topics like the economy, employment insurance, official languages, and the supply of medical isotopes. It also featured debates and adjourned debates on several bills, including Bill S-209, which aims to amend the Criminal Code for the protection of children. The debate on Bill S-209 was adjourned to allow for further research.
On May 28, 2009, the Senate debated Bill S-209 (protection of children), heard various statements and questions, and advanced several other bills and committee reports.
This document details the proceedings of the Senate on May 28, 2009. It includes Senators' Statements on various topics, Routine Proceedings where committee reports were presented and bills were introduced or tabled, Question Period addressing issues like the lobster industry and the federal deficit, and Orders of the Day where several bills were debated or referred to committee. Notably, Bill S-209, concerning the protection of children, was debated at second reading. Several other bills related to the RCMP Superannuation Act, Marine Liability Act, Federal Courts Act, National Philanthropy Day, Canada Elections Act, Immigration and Refugee Protection Act, and Citizenship Act were also discussed or moved through various stages. Committee reports on internal economy, human rights, and transport and communications were presented. The Senate also discussed a motion to support the London Declaration on Combating Antisemitism and a motion to study Senate committee membership. Finally, the Senate adjourned until June 2, 2009.
During the Senate's second reading debate on Bill S-209, the sponsor argued for the repeal of the Criminal Code section allowing corporal punishment of children, while other senators raised concerns about the bill's implications.
This document contains the record of the Senate debate on May 28, 2009. The primary focus of this artifact is Bill S-209, "An Act to amend the Criminal Code (protection of children)". Senator Hervieux-Payette spoke in favour of the bill during the second reading debate, advocating for the repeal of Section 43 of the Criminal Code, which allows for the use of force in disciplining children. She argued that this practice is rooted in outdated beliefs and that scientific evidence shows it causes harm. The debate also included discussions on various other matters before the Senate, such as reports from committees, notices of motions, questions to the government, and debates on other bills.
During a Senate debate on Bill S-209, senators discussed the proposed amendments to the Criminal Code regarding the protection of children, with one senator expressing concerns about the bill's approach compared to current legal interpretations and another strongly advocating for the bill's passage.
On June 18, 2009, the Senate proceedings included a debate on Bill S-209, An Act to amend the Criminal Code (protection of children). Senator John D. Wallace spoke about the bill, expressing concerns that while well-intentioned, it might not achieve a better balance than the existing law as interpreted by the Supreme Court of Canada. He suggested that public awareness, rather than legislative change, might be a better approach to address misunderstandings about section 43 of the Criminal Code. Senator Sharon Carstairs disagreed with Senator Wallace and stated her strong support for the bill, reserving her right to speak further.
During the Senate's second reading debate on Bill S-209, Senator Wallace argued against the bill's proposed changes to the Criminal Code regarding child discipline, while Senator Carstairs expressed strong support and reserved the right to respond.
This artifact records a debate at the second reading stage of Bill S-209 in the Senate on June 18, 2009. The debate was continued, meaning it was not concluded on this day. Specifically, Senator John D. Wallace spoke about the bill, which aims to amend the Criminal Code concerning the protection of children. He discussed the existing Section 43 of the Criminal Code and the Supreme Court of Canada's 2004 decision on its constitutionality. Senator Wallace expressed concerns that the proposed changes in Bill S-209 might unnecessarily lead to legal interventions for reasonable parental discipline and suggested that public awareness of the current law might be a better approach. Senator Sharon Carstairs responded, indicating her strong support for the bill and reserving her right to speak further to refute Senator Wallace's arguments.
On June 22, 2009, the Senate conducted routine business, debated and advanced several bills at various stages, and heard testimony in a Committee of the Whole.
On June 22, 2009, the Senate sat and addressed various items of business. The debate and proceedings included Senatorial statements on diverse topics, routine proceedings such as the tabling of committee reports and the first reading of bills, and question period. The Senate then moved to Orders of the Day, where several bills were discussed at various stages, including second reading debates on Appropriation Bills, and third reading debates on amendments to the Marine Liability Act, Federal Courts Act, and Criminal Code. Debates were adjourned or bills were referred to committee for other legislative items, including amendments to the Tobacco Act, Criminal Code, and Controlled Drugs and Substances Act. The Senate also heard from a witness in a Committee of the Whole regarding an appointment, approved a motion to appoint a Commissioner of Lobbying, and debated various committee reports and inquiries.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced