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FederalDid not become law (session ended)40th Parliament, 2nd Session

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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-209
Full title
An Act to amend the Criminal Code (protection of children)
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the Senate
Last updated
Jun 22, 2009

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.

Chamber
Parliament of Canada
Current Stage
At consideration in committee in the Senate
Latest Activity
Jun 22, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

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.

What It Means

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.

What This Bill Does
  • 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.
Who Is Affected
  • Schoolteachers
  • Parents
  • Persons standing in the place of a parent
  • Children under the care of these individuals
Rights, Duties, Or Obligations
  • 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.
Important Dates
  • 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.
Uncertainties Or Limits
  • 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.
Laws Or Regulations Affected
Criminal Code
amends

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 text

Parliamentary Process

Step 1
First reading
Jan 27, 2009
Completed

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.

Introduction and first reading, Jan 27, 2009
End of stage activity, Jan 27, 2009
Chamber sittings
Introduction and first reading - Jan 27, 2009

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.

Step 2
Second reading
Jun 22, 2009
Completed

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.

Second reading, Jun 22, 2009
Referral to committee, Jun 22, 2009
End of stage activity, Jun 22, 2009
Chamber sittings
Debate at second reading - Mar 24, 2009

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.

Debate at second reading - May 26, 2009

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.

Debate at second reading - May 28, 2009

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.

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.

Debate at second reading - Jun 18, 2009

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.

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.

Debate at second reading - Jun 22, 2009

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.

Step 3
Consideration in committee
Date not listed
No activity

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

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

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Céline Hervieux-Payette
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

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