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FederalDid not become law (session ended)41st Parliament, 1st Session

Bill S-214 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
41st Parliament, 1st Session
Bill number
Bill S-214
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
Apr 23, 2013

Official Parliament of Canada snapshot for 41st Parliament, 1st 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
Apr 23, 2013
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-214 would repeal section 43 of the Criminal Code, which currently allows schoolteachers, parents, and guardians to use reasonable force as a means of correction toward children under their care.

What It Means

Bill S-214 is a proposed federal law that would remove a provision from the Criminal Code known as "section 43." This section currently allows schoolteachers, parents, and people acting as parents to use physical force to correct a child in their care, as long as the force is "reasonable under the circumstances." If this bill becomes law, that legal justification for using physical force as a form of correction would no longer exist. This means that schoolteachers, parents, and guardians could potentially face criminal charges for using physical force to correct a child, even if the force might previously have been considered "reasonable." The bill includes a transition period. If passed and given royal assent, the law would not take effect immediately. Instead, it would come into force either one year after receiving royal assent or on an earlier date set by the Governor in Council (the federal cabinet), whichever comes first. The bill text indicates this delay is intended to allow the government time to educate Canadians about the change and coordinate with provincial governments.

What This Bill Does
  • Repeals section 43 of the Criminal Code, which currently provides a legal justification for schoolteachers, parents, and persons standing in the place of a parent to use force as a means of correction toward a pupil or child under their care
  • Removes the 'reasonableness' defence that currently applies to physical correction of children by educators and parents
  • Provides a maximum one-year delay between royal assent and the law coming into force to allow for public education and provincial coordination
Who Is Affected
  • Schoolteachers and educators
  • Parents and guardians
  • Persons standing in the place of a parent (such as foster parents or caregivers)
  • Children under the care of these individuals
  • The Government of Canada (which would have responsibility for implementation and public education)
Rights, Duties, Or Obligations
  • If passed, schoolteachers, parents, and guardians would no longer have a legal justification to use physical force as a means of correction toward children in their care
  • Legal consequences could potentially apply to individuals who use physical force for correction of children after the law comes into force
  • The government would have up to one year to educate the public and coordinate with provinces before the change takes effect
Important Dates
  • Bill received first reading in the Senate on November 7, 2012
  • The bill is currently at consideration in committee in the Senate
  • If passed, the Act would come into force one year after royal assent or on an earlier date set by order of the Governor in Council, whichever is earlier
Financial Or Tax Impacts
  • The bill text does not identify specific financial costs or tax impacts
Enforcement Or Penalties
  • The bill text does not specify what criminal offences or penalties would apply to the use of physical force for child correction after section 43 is repealed. This would depend on existing Criminal Code provisions that might apply (such as assault offences), but those are not detailed in this bill.
Uncertainties Or Limits
  • The bill text does not define what specific criminal charges would apply to physical force used for child correction after the repeal
  • The bill does not specify what form the public education or provincial coordination would take during the transition period
  • The bill does not explain how existing case law interpreting 'reasonable force' under section 43 would be treated
  • It is unclear how this federal change would interact with provincial family law or child protection legislation
  • The bill is currently in committee and has not been passed; its ultimate fate is unknown
Laws Or Regulations Affected
Criminal Code, section 43
repealed

The legal justification that allows schoolteachers, parents, and guardians to use reasonable physical force to correct children will be removed. This section currently states: 'Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.' After repeal, this justification would no longer apply.

Source: Clause 1 of Bill S-214

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
Nov 7, 2012
Completed

Bill S-214, concerning the protection of children, completed its first reading in the Senate in November 2012 and was later referred to a committee in April 2013.

Introduction and first reading, Nov 7, 2012
End of stage activity, Nov 7, 2012
Chamber sittings
Introduction and first reading - Nov 7, 2012

In the Senate on November 7, 2012, Bill S-214, an Act to amend the Criminal Code (protection of children), was introduced and received first reading, alongside other routine proceedings and debates.

Step 2
Second reading
Apr 23, 2013
Completed

Bill S-214, concerning the protection of children, completed its second reading in the Senate and was referred to a committee.

Second reading, Apr 23, 2013
Referral to committee, Apr 23, 2013
End of stage activity, Apr 23, 2013
Chamber sittings
Debate at second reading - Nov 20, 2012

On November 20, 2012, the Senate held a sitting where Bill S-214 (protection of children) was scheduled for second reading debate, though the provided text focuses on other proceedings and debates of different bills, not the specific content of the debate on Bill S-214.

This Senate debate on November 20, 2012, featured discussions on National Child Day, tributes, various legislative matters including Bill S-214 concerning the protection of children, and other government and social issues before adjourning several debates.

Debate at second reading - Feb 13, 2013

During a Senate sitting on February 13, 2013, the debate on Bill S-214, concerning amendments to the Criminal Code for the protection of children, was adjourned at the second reading stage to allow a senator to prepare.

Debate at second reading - Apr 23, 2013

On April 23, 2013, the Senate held a sitting that included statements from senators on various topics, presentation of committee reports, question period, and debate on several bills, including Bill S-214, which was moved for second reading and referred to committee.

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

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