Do you know about quebec law. I want a lawyer who knows family law in quebec

Hi,

I'm a Quebec lawyer. I'd be glad to answer your questions regarding family law. Can you please confirm the exact question for which you are seeking an answer today?

Best regards,

Jeremie John Martin

Spanking is not illegal in Canada, but it's controversial, to say the least, and subject to strict guidelines resulting from a landmark*****decision. I am pasting below a summary of the situation as explained by the Government of Canada. I'm not sure this requires meeting a social worker, but this could mean the Youth protection services may intervene. What custody agreement do you have with the mother concerning the child?

Best regards,

Jeremie John Martin

"

What is the defence in section 43 of the Criminal Code?

Section 43 of the Criminal Code provides a defence to conduct that may not be covered by other available defences. It 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.

In 2004, the Supreme Court of Canada considered whether section 43 is constitutional and consistent with the Canadian Charter of Rights and Freedoms. In a case called Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), the Supreme Court of Canada found that section 43 was constitutional but significantly narrowed its application to the use of minor force that is reasonable under the circumstances and provided the following guidelines:

• Parents/caregivers can only use corrective force (or physical punishment) that is minor or “transitory and trifling” in nature. For example, spanking or slapping a child hard enough that it leaves a mark or bruise would not be considered “transitory and trifling” and would not be reasonable.
• Teachers cannot use force for physical punishment under any circumstances. Teachers may be permitted to use reasonable force toward a child in appropriate circumstances, such as to remove a child from a classroom.
• Physical punishment cannot be used on children younger than two-years-old or older than twelve-years-old.
• Physical punishment cannot be used on a child in anger or in retaliation for something a child did.
• Objects, such as belts or rulers, must never be used on a child and a child must never be hit or slapped on the face or head.
• Any use of force on a child cannot be degrading, inhumane, or result in harm or the prospect of harm.
• Physical punishment cannot be used on a child who is incapable of learning from the situation because of a disability or some other factor.
• The seriousness of the child’s misbehaviour is not relevant to deciding whether the force used was reasonable. The force used must be minor, no matter what the child did.

It is important to recognize that many forms of physical punishment of children are not consistent with the guidelines set out by the Supreme Court of Canada and are considered crimes in Canada. Abusive and harmful conduct is not protected by section 43.

"

It's always ideal to have close contact with a lawyer in order for you to act in the best possible way in a said situation. This being said, the situation does not urgently require legal assistance unless the mother wants to end shares custody. It is unlikely that the social worker will open a file with the Youth protection services if it was one spanking. Do they know what force was used, if objects were involved and have you admitted to spanking the child, if so, why?

Best regards,

Jeremie John Martin

If the spanking was respectful of the criteria mentioned above, and this is not everyday spanking, the youth protection services will likely not do much with this. Explaining that the spanking respected the law to the social worker could be the pertinent thing to do at this point.

I trust my answer sends you in the right direction. Do not hesitate to ask more questions.

Please do not forget to rate my answer from three to five stars so the site will compensate my time spent with you. It's on the top right of your screen. Bonuses are always welcomed also.

A phone call is also offered, this is a premium service.

Best regards,

Jeremie John Martin

Hi,

May I please ask that you rate my answer by clicking at the stars at the top right of your screen before we continue and answer follow-up questions? This is for the site to record my work with you.

Best regards,

Jeremie John Martin

Thank you for rating my answer. There is no extra cost to continue this discussion in writing The price proposed was for a phone call, which is 125$USD.

Do you prefer in writing or by phone?

Best regards,

Jeremie John Martin

Of course, my recommendation is to speak to the social worker provided by the Director and maintain you made a one-time spanking with the boundaries permitted by the Supreme Court and tell the Director the same.

If you have the budget, meeting a local lawyer who does family law could be pertinent as well.

Best regards,

Jeremie John Martin

I could give you recommendations on the phone, my office is located on Sainte-Catherine Street West, close to Guy Metro station.

Best regards,

Jeremie John Martin