Commentary on Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)

This chapter comprises a commentary on a rewritten judgment of the Supreme Court of Canada in Canadian Foundation for Children, Youth and the Law v Canada (Attorney General) 2004 SCC 4. That decision concerned the constitutionality of the ‘reasonable punishment’ defence to the physical punishment of children.  After outlining the original judgment, I critique the rewritten judgment, and ask whether reframing the legal issue in terms of children’s rights might be more likely to invert the premise of the s43 debate than a human rights perspective.  It will be published in Helen Stalford, Kathryn Hollingsworth, and Stephen Gilmore, eds, Children’s Rights Judgments (Hart, 2017).

A pre-editing version of my chapter can be found here.

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