Canadian court cases relating to corporal punishment

This bibliography includes reported Canadian court cases involving corporal punishment. Corporal punishment is not itself an offence; rather the term implies the use of certain statutory or common-law defences to a criminal charge of assault or an action under tort law for assault. Because assault is both a crime and a tort, corporal punishment cases can be either criminal or civil. Both types are included here.

The cases below are cited in scholarly (as opposed to legal) style and are in strict alphabetical order within categories. Thus "R. c." comes before "R. v.". Each entry is followed by a short annotation giving information on the province or territory, the victim, and the outcome of the case.

Civil Cases in School Settings

"Andrews v. Hopkins". (1932). Dominion Law Reports. 1932,3: 459–465. Nova Scotia; female victim, age 9 years; teacher negligent.

"Béland v. Les Commissaires d'écoles pour la Municipalité de S.-Thecle". (1933). La Revue de Jurisprudence. 39: 400–402. Quebec; no information on victim; school commission apparently liable.

"Bernier c. La Commission scolaire de Marieville et Martel". (1972). La Revue de Droit du Travail. 1972: 540–546. Quebec; male victim, age 10 years; school commission liable.

"Brisson v. Lafontaine dite Surprenant". (1864). Lower Canada Reports. 14: 377–381. Quebec; male victim, age 6 years; teacher liable.

"Duchesne v. La Commission des écoles catholiques de Montréal". (1923). Rapports Judiciares de Québec. 61: 422–423. Quebec; female victim, age 9 years; school commission liable.

"Filostrato v. Boyle". (1938). La Revue Légale. 45: 29–35. Quebec; male victim, age 14 years; teacher liable.

"Lefebvre v. La Congrégation des Petits Frères de Ste-Marie". (1890). Montreal Law Reports. 6: 430–436. Quebec; male victim, age 7.5 years; teacher liable.

"Murdock v. Richards". (1953). Dominion Law Reports. 1954,1: 766–772. Nova Scotia; female victim, age not given; teacher not negligent.

"Poupart c. C.E.C.M. et Poirier". (1975). Recueils de Jurisprudence du Québec (Cour provinciale). 1976: 224. Quebec; male victim, age 12 years; teacher liable.

"Ruest c. Provencher". (1968). La Revue Légale. 1968: 378–381. Quebec; female victim, no age given; teacher not liable.

"Saint-Germain c. Commissaires d'écoles de Saint-Léon de Grantham". (1935). La Revue de Jurisprudence. 41: 480–509. Quebec; male victim, age 8 years; teacher liable.

Criminal Cases in School Settings

"Bouillon c. R.". (1996). Annuaire de jurisprudence et de doctrine du Québec. 1996,1,2340: 885. Quebec; male victim, age 15 years; teacher not guilty.

"Campeau v. the King". (1952). Criminal Reports. 2: 202–219. Quebec; male victim, age 8 years; teacher guilty.

"Fonder c. R.". (1993). Annuaire de jurisprudence et de doctrine du Québec. 1993,1969: 646. Quebec; male victim, age 14 years; teacher not guilty.

"King v. Gaul". (1904). Canadian Criminal Cases. 8: 178–183. Nova Scotia; male victim, age 9 years; teacher (principal) not guilty.

"King v. Zinck". (1910). Canadian Criminal Cases. 18: 456–460. Nova Scotia; male victim, age 14 years; teacher not guilty.

"Queen v. Robinson". (1899). Canadian Criminal Cases. 7: 52–59. Nova Scotia; male victim, age 14 years; teacher (principal) not guilty.

"R. c. Bélisle". (1986). Annuaire de jurisprudence du Québec. 1986,1785: 413. Quebec; female victim, age not given; substitute teacher not guilty.

"R. c. Benoît". (1987). Annuaire de jurisprudence du Québec. 1987,1109: 179. Quebec; male victim, no age given but at the high school level; teacher not quilty.

"R. c. Deschamps". (1974). La Revue de Droit du Travail. 1974: 241–250. Quebec; male victim, age not given; teacher not guilty.

"R. c. Jutras". (1989). Annuaire de jurisprudence et de doctrine du Québec. 1989,2113: 590. Quebec; sex of victim not given, age 11 years; teacher not guilty.

"R. c. Lacasse". (1988). Annuaire de jurisprudence du Québec. 1988,992: 200–201. Quebec; adolescent victim, sex and age not given; bus driver guilty.

"R. c. LePage". (1983). La Revue Légale (new series). 1983: 247–249. Quebec; male victim, age not given; bus driver not guilty.

"R. c. Matieux". (1972). La Revue Légale. 1972: 526–527. Quebec; male victim, age 13 years; teacher not guilty.

"R. c. Rozon". (1974). La Revue de Droit du Travail. 1974: 445–456. Quebec; male victim, age 16 years; teacher not guilty (assault ruled an accident).

"R. c. Vergnas". (1995). Annuaire de jurisprudence et de doctrine du Québec. 1995,1,2081: 797–798. Quebec; victim at pre-kindergarten level, age and sex not given; teacher guilty.

"R. v. Benoît (I.)". (1989). New Brunswick Reports (2d). 140: 210–219. New Brunswick; male victim, age 13 years; teacher not guilty.

"R. v. Collins (J.G.)". (1996). Alberta Reports. 192: 71–78. Alberta; male victim, age 9 years; teacher not guilty, injury to child ruled an accident.

"R. v. Condon (K.D.)". (1992). Atlantic Provinces Reports. 323: 142–144. Newfoundland and Labrador; male victim, age not given but at the high school level; teacher not guilty.

"R. v. Corkum". (1937). Dominion Law Reports. 1937,1: 79–80. Nova Scotia; male victim, age 10 years; teacher not guilty.

"R. v. Cyr". (1991). New Brunswick Reports (2d). 138: 252–260. New Brunswick; male victim, age not given but at the high school level; teacher not guilty.

"R. v. Dimmell". (1980). Canadian Criminal Cases (2d). 55: 239–243. Ontario; male victim, age 15 years; teacher not guilty.

"R. v. Duggan (E.)". (1993). Atlantic Provinces Reports. 348: 304–309. Newfoundland and Labrador; male victim, age 16 years; teacher guilty.

"R. v. Gallant". (1993). Atlantic Provinces Reports. 346: 174–178. Prince Edward Island; male victim, age 11 years; teacher not guilty.

"R. v. Godin (E.)". (1996). New Brunswick Reports (2d). 172: 375–389. New Brunswick; two male victims, ages 10 and 11 years; teacher not guilty.

"R. v. Graham (D.)". (1994). New Brunswick Reports (2d). 151: 81–103. New Brunswick; female victim, age 9 years; trial in Provincial Court; teacher (principal) not guilty.

"R. v. Graham (D.)". (1995). New Brunswick Reports (2d). 160: 306–316. New Brunswick; Crown appeal of acquittal in above case; acquittal confirmed by Court of Queen's Bench.

"R. v. Haberstock". (1971). Canadian Criminal Cases (2d). 1: 433–436. Saskatchewan; male victim, age 12 years; teacher (vice-principal) not guilty.

"R. v. Harriott (H.R.)". (1992). New Brunswick Reports (2d). 128: 155–163. New Brunswick; male victim, age 14 years; teacher not guilty.

"R. v. Imbeault". (1977). New Brunswick Reports (2d). 17: 234–247. New Brunswick; male victim, age 17 years; teacher not guilty.

"R. v. Kanhai". (1981). Dominion Law Reports (3d). 124: 85–92. Saskatchewan; male victim, age 14 years; teacher guilty.

"R. v. Metcalfe". (1927). Canadian Criminal Cases. 49: 260–267. Saskatchewan; female victim, age 10 years; teacher (principal) not guilty.

"R. v. Ocampo". (1997). Weekly Criminal Bulletin. (2d) 36,479: 439–440. Ontario; six male and female victims, apparently of elementary school age; teacher guilty on one count.

"R. v. Park (S.M.)". (1999). Atlantic Provinces Reports. 544: 194–200. Newfoundland and Labrador; female victim, age 9 years; teacher not guilty.

"R. v. Plourde (J.-G.)". (1993). New Brunswick Reports (2d). 140: 273–281. New Brunswick; two male victims in grade 8, ages not given; teacher not guilty.

"R. v. Trynchy". (1970). Criminal Reports (new series). 11: 95–99. Yukon; male victim, age 7 years; bus driver not guilty.

"R. v. Wetmore (R.)". (1996). New Brunswick Reports (2d). 172: 224–232. New Brunswick; four male victims in grade 10, ages not given; teacher not guilty.

"R. v. Whalen (O)". (1994). Atlantic Provinces Reports. 369: 331–337. Newfoundland and Labrador; two female victims, ages 11 years; teacher (principal) guilty on one count.

"R. v. Wheaton". (1982). Atlantic Provinces Reports. 99: 520–523. Newfoundland and Labrador; male victim, age 16 years; teacher not guilty.

Criminal Cases in Institutional Settings

"Nixon v. the Queen". (1985). Dominion Law Reports (4th). 12: 762–763. Ontario; case following and very similar to Ogg-Moss; decided by the Supreme Court of Canada; adult victim, age and gender not given but mentally handicapped; appeal against a guilty verdict dismissed.

"Ogg-Moss v. R.". (1984). Criminal Reports (3d). 41: 297–318. Ontario; decided by the Supreme Court of Canada; appeal against a guilty verdict dismissed. See the Court of Appeal decision cited below in this section.

"R. v. Burke (J.) (No. 3)". (1991). Atlantic Provinces Reports. 287: 289–303. Newfoundland and Labrador; male victim, age not given; dormitory supervisor guilty of assault causing bodily harm. See the appeals cited below.

"R. v. Burke (J.) (No. 3)". (1994). Atlantic Provinces Reports. 365: 191–216. Newfoundland and Labrador; decided by the Court of Appeal; appeal against a guilty verdict on a charge of assault causing bodily harm dismissed. See the trial case above.

"R. v. Burke (J.) (No. 3)". (1996). Atlantic Provinces Reports. 433: 147–177. Newfoundland and Labrador; decided by the Supreme Court of Canada; appeal against a guilty verdict on a charge of assualt causing bodily harm dismissed. See the Court of appeal case cited above.

"R. v. Ogg-Moss". (1981). Canadian Criminal Cases (2d). 60: 127–128. Ontario; male victim, age 21 but mentally handicapped; acquittal at trial reversed by the Court of Appeal. See the appeal to the Supreme Court of Canada cited above in this section.

Criminal Cases in Family Settings

"R. c. Laflamme". (1992). Annuaire de jurisprudence et de doctrine du Québec. 1992,2008: 688–689. Quebec; male victim, age 11 years; father guilty.

"R. v. A.W.". (2003). Manitoba Reports (2d). 174: 240–246. Manitoba; three male victims, ages 2 to 6 years; mother guilty of assaulting her three sons.

"R. v. Atkinson". (1994). Western Weekly Reports. 1994,9: 485–492. Manitoba; three female victims, ages 2 to 3.5 years; foster mother (of 2) and aunt (of 1) not guilty.

"R. v. B.(R.A.)". (2000). Weekly Criminal Bulletin (2d). 46,374: 307. Ontario; male victim, age 11 years; father guilty of assault with a weapon (belt).

"R. v. Baptiste and Baptiste". (1980). Canadian Criminal Cases (2d). 61: 438–446. Ontario; female victim, age 15 years; father and mother guilty.

"R. v. Beattie (W.J.)". (1996). Ontario Appeal Cases. 94: 363–366. Ontario; three child victims, ages and sexes not given; father guilty.

"R. v. Bielenik". (1999). Weekly Criminal Bulletin (2d). 44,215: 191–192. Ontario; female victim, age 12 years; father guilty.

"R. v. Boyd". (2004). Alberta Reports 368: 48–53. Alberta; male victim, age 8 years; father not guilty.

"R. v. Bunn". (1990). Manitoba Reports (2d). 64: 285–287. Manitoba; female victim, age 9 years; no verdict reported for defendant stepfather.

"R. v. Burtt". (1986). New Brunswick Reports (2d). 75: 259–270. New Brunswick; female victim, age 15 years; mother not guilty.

"R. v. D.(R.S.)". (1995). Canadian Criminal Cases (3d). 102: 319–344. Ontario; male victim, age 11 months to 39 months and female victim, age 16 months to 44 months; father (stepfather) guilty.

"R. v. Dunfield". (1990). New Brunswick Reports (2d). 103: 172–180. New Brunswick; female victim, age 9 years; foster mother not guilty.

"R. v. Dupperon". (1984). Canadian Criminal Cases (3d). 16: 453–462. Saskatchewan; male victim, age 13 years; father guilty.

"R. v. E.(A.)" (also indexed as "R. v. Emans"). (2000). Canadian Criminal Cases (3d). 146: 449–465. Ontario; female victim, age 2 months; father guilty of assault causing bodily harm.

"R. v. Eldridge". (1993). Alberta Law Reports (3d). 13: 196–199. Alberta; one female victim age 17 years and one male victim age not given; father of female not guilty of assault against daughter and daughter's boyfriend.

"R. v. F.(A.C.)". (1999). Weekly Criminal Bulletin (2d). 44,391: 330–331. Ontario; one male and one female victim, ages not given; father guilty of assault against daughter.

"R. v. Fritz and Fritz". (1987). Saskatchewan Reports. 55: 302–309. Saskatchewan; two female victims, ages 13 and 14 years; uncle and aunt not guilty.

"R. v. G.C.C.". (2001). Newfoundland & Prince Edward Island Reports. 206: 231–239. Newfoundland and Labrador; female victim, age 14 years; father guilty.

"R. v. Goforth". (1991). Saskatchewan Reports. 98: 26–30. Saskatchewan; male victim, age 8 years; father not guilty.

"R. v. H.B.". (1998). New Brunswick Reports (2d). 201: 315–321. New Brunswick; female victim, age 13 years; father guilty of assault with a weapon (belt).

"R. v. Halcrow". (1993). Canadian Criminal Cases (3d). 80: 320–356. British Columbia (Court of Appeal); nine victims of both sexes and various ages; foster mother guilty of two counts of assault causing bodily harm to two females, ages 14 and 16 years.

"R. v. Halcrow". (1995). Canadian Criminal Cases (3d). 95: 94–95. British Columbia; decided by the Supreme Court of Canada confirming Court of Appeal decision above.

"R. v. Heap (D.W.)". (1994). Alberta Reports. 157: 176–178. Alberta; victim 15 to 18 months of age; Crown appeal against sentence of 1000 dollar fine after guilty plea at trial; stepfather sentenced to six months imprisonment.

"R. v. Holland". (1998). Weekly Criminal Bulletin (2d). 39,323: 297. Ontario; female victim, age 15 years; stepfather guilty.

"R. v. Inwood". (1989). Canadian Criminal Cases (3d). 48: 173–185. Ontario; male victim, age 1 year; father guilty.

"R. v. James". (1998). Weekly Criminal Bulletin (2d). 38,48: 42–43. Ontario; male victim, age 11 years; father not guilty.

"R. v. Klassen". (1986). Saskatchewan Reports. 47: 79–80. Saskatchewan; male victim, age 20 months; stepfather guilty of assault causing bodily harm.

"R. v. L.A.K.". (1992). Atlantic Provinces Reports. 329: 118–125. Newfoundland and Labrador; female victim, age 11 years; father not guilty.

"R. v. Levesque". (2001). Alberta Reports. 297: 243–264. Alberta; male victim, age 9 years; mother's boyfriend not guilty of assault with a weapon (rope) and unlawful confinement (tying).

"R. v. M.(R.W.)". (1995). Canadian Criminal Cases (3d). 103: 375–382. Prince Edward Island; female victim, age 13 years; father guilty.

"R. v. M.(W.F.)". (1995). Criminal Reports (4th). 41: 330–357. Alberta; female victim, age 12 years; stepfather not guilty.

"R. v. M.K.". (1992). Manitoba Reports (2d). 81: 151–155. Manitoba; two male victims, ages 6 and 8 years; father not guilty.

"R. v. Murphy". (1996). Canadian Criminal Cases (3d). 108: 414–424. British Columbia; male victim, age 45 months; baby sitter not guilty.

"R. v. Paul (J.W.)". (2003). Nova Scotia Reports. 217: 273–275. Nova Scotia; female victim, age not given; father not guilty.

"R. v. P.(D.C.)" (also indexed as "R. v. Peterson"). (1995). Canadian Criminal Cases (3d). 98: 253–263. Ontario; female victim, age 5 years; father not guilty.

"R. v. Poulin". (2002). Atlantic Provinces Reports. 653: 68–99. Prince Edward Island; five male and female victims, ages 5 to 13 years; former nun living with children in a communal setting guilty of assault.

"R. v. Robinson". (1986). Yukon Reports. 1: 161–163. Yukon; female victim, age 12 years; father not guilty.

"R. v. Sarwer-Foner". (1979). Reports of Family Law (2d). 8: 342-349. Ontario; male victim, age 11 years; stepfather guilty of assault causing bodily harm.

"R. v. Serack (L.A.)". (1994). Alberta Reports. 159: 392–397. Alberta; male victim, age 4 years; father guilty.

"R. v. Snodgrass (D.M.)". (1998). New Brunswick Reports (2d). 203: 41–54. New Brunswick; female victim, age 18 years; stepfather guilty.

"R. v. T.(B.-L.)". (1999). Weekly Criminal Bulletin (2d). 44,328: 284. Ontario; male victim, age 10 years; mother guilty.

"R. v. Taylor". (1985). Canadian Criminal Cases (3d). 19: 156–163. Alberta; female victim, age 16 years; Crown appeal from acquittal at trial; new trial ordered by Court of Appeal.

"R. v. Thornley". (1988). Weekly Criminal Bulletin (2d). 5: 160. British Columbia; male victim, age 3 years; baby sitter guilty.

"R. v. Timmins". (1998). Weekly Criminal Bulletin (2d). 38,461: 432. British Columbia; male victim, age 11 years; stepfather guilty.

"R. v. Veinot". (1988). Saskatchewan Reports. 72: 74–76. Saskatchewan; female victim, age 12 years; person standing in place of a parent guilty.

"R. v. W.E.S." (also indexed as "R. v. Sangwais"). (2004). Saskatchewan Reports. 252: 231–238. Saskatchewan; two female victims, ages 11 and 13 years; mother guilty of assaulting (slapping) the younger daughter.

"R. v. Wood (D.)". (1995). Alberta Reports. 176: 223–228. Alberta; male victim, age 4 years; father not guilty.

"R. v. Yaholnitsky". (1992). Alberta Reports. 123: 151–158. Alberta; two female victims, ages 12 and 16 years; father guilty.

Cases Decided on Purely Procedural Grounds

"Ely c. Ouellette". (1983). Annuaire de jurisprudence du Québec. 1983,1468: 332. Quebec; institutional case; original guilty verdict reversed by the Cour supérieure because of judicial errors committed by the trial judge; accused not guilty.

"R. v. Eagan". (1991). New Brunswick Reports (2d). 112: 88–90. New Brunswick; school case; original guilty verdict reversed by Court of Queen's Bench because of a judicial error committed by the trial judge; teacher not guilty.

"R. v. Hossu". (2002). Canadian Criminal Cases (3d). 167: 344–356. Ontario; family case; original assault conviction against a mother and her son reversed by the Ontario Court of Appeal because of prejudicial statements made by the judge at the trial; new trial ordered.

"R. v. Mahoney". (1975). New Brunswick Reports (2d). 11: 539–540. New Brunswick; school case; original guilty verdict reversed by the Appeal Division of the Supreme Court of New Brunswick on evidentiary grounds; teacher not guilty.

Cases Involving Resistance to Corporal Punishment

"Protection de la Jeunesse — 633". (1993). Recueil de Jurisprudence du Québec. 1993: 1972–1980. Quebec; accused student, age 16 years; student guilty of assault for resisting corporal punishment.

"R. v. F.(J.)". (1990). Canadian Criminal Cases (3d). 57: 216–223. Ontario; accused student, age under 18 years; high-school student guilty of assault for resisting corporal punishment.

"R. v. F.(V.A.)". (1989). Canadian Criminal Cases (3d). 53: 74–82. Saskatchewan; male offender, age under 18 years, in place of open custody (camp) resisting corporal punishment; acquitted of assault against youth worker on grounds of self defence.

"R. v. S.(A.J.)". (1998). Alberta Reports. 235: 42–45. Alberta; male youth, age not given, in home for troubled youth resisting corporal punishment; acquitted of assault against staff member on grounds of self defence.

Miscellaneous Cases

"Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)". (2002). Dominion Law Reports (4th). 207: 632–651. Ontario; an appeal to the Ontario Court of Appeal to strike down section 43 of the Criminal Code (force used for correction) as being inconsistent with sections 7, 12, and 15(1) of the Constitution Act, 1982 was rejected. See "Re Canadian" below.

"Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)". (2004). Supreme Court Reports (Canada). 2004,1: 76–192. Ontario; an appeal to the Supreme Court of Canada to strike down section 43 of the Criminal Code (force used for correction) as being inconsistent with sections 7, 12, and 15(1) of the Constitution Act, 1982 was rejected. See "Canadian Foundation" above.

"Director of Child Welfare (P.E.I.) v. S.P.L. and H.L.". (2002). Atlantic Provinces Reports. 653: 197–257. Prince Edward Island; two female victims (sisters) aged 8 and 13; Section 43 of the Criminal Code (force used for correction) was considered in a child protection hearing. The children were found in need of protection and were placed in the permanent custody of the Director of Child Welfare.

"Nova Scotia (Minister of Community Services) v. B.M. and L.M.". (1998). Atlantic Provinces Reports. 505: 271–286. Nova Scotia; six victims from 2 to 12 years of age; Section 43 of the Criminal Code (force used for correction) was considered in a child protection hearing. The children were found in need of protective services.

"R. v. Kanagarajah". (1999). Criminal Reports (5th). 24: 347–364. Ontario; section 43 of the Criminal Code (force used for correction) was ruled not relevant in determining bail conditions for persons charged with assault against family members.

"Re Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)". (2000). Dominion Law Reports (4th). 188: 718–758. Ontario; an application to the Ontario Superior Court to strike down section 43 of the Criminal Code (force used for correction) as being inconsistent with sections 7, 12, and 15(1) of the Constitution Act, 1982 was rejected.

"Re F.". (1983). Alberta Reports. 46: 321–357. Alberta; male victim, age 12 years; Section 43 of the Criminal Code (force used for correction) was considered in a child protection hearing. A child welfare supervision order was granted against the family.

"Re Infant K.; K. v. Public Trustee". (1985). British Columbia Law Reports. 60: 209–240. British Columbia; Section 43 of the Criminal Code (force used for correction) was considered in denying a request for a therapeutic hysterectomy for a mentally retarded person.

Bibliography of Reported Corporal Punishment Cases in Canada