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

Abstract:
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.
Publication status:
Published
Peer review status:
Reviewed (other)

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author

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Role:
Editor
Role:
Editor
Publisher:
Hart Publishing
Host title:
Rewriting Children’s Rights Judgments: From Academic Vision to New Practice
Publication date:
2017-11-02
ISBN:
9781782259251
Keywords:
Pubs id:
pubs:702931
UUID:
uuid:fe737ee5-50ba-4d58-94d3-2ac270b026e7
Local pid:
pubs:702931
Source identifiers:
702931
Deposit date:
2017-07-04

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