Bambi Meets Godzilla: Children's and Parents' Rights in Canadian Foundation for Children, Youth and the Law V. Canada

36 Pages Posted: 14 Feb 2012

See all articles by Katie Sykes

Katie Sykes

Thompson Rivers University - Faculty of Law; Dalhousie University - Schulich School of Law

Date Written: February, 12 2012

Abstract

Unlike parental rights, with their ancient pedigree, children’s rights have a relatively recent origin in law, derived largely from international obligations. Since the emergence of the rights of children as rights entitled to recognition in Canada, they have coexisted somewhat uneasily with parents’ rights. The author considers this tension between parental and children’s rights in the context of the Supreme Court’s recent guidance on the defence of reasonable correction in the Criminal Code in Canadian Foundation for Children, Youth and the Law v. Canada.

After canvassing the judgment’s reasons, the author argues that the majority’s guidelines for the application of the defence suffer from crucial definition gaps. These gaps both hamper efforts to remedy its current uncertainty and fail to address themes of sexual discipline that often underlie the most controversial cases. Moreover, by failing to recognize that parental and children’s rights are innately intertwined and inform each other, and by privileging parental autonomy, the Court’s decision effectively subsumes children’s rights into parental ones. As a result, the tension between the two is glossed over, but only at significant cost to children’s autonomy.

Keywords: constitutional law, children's rights, Canadian Foundation for Children, Youth and the Law v. Canada

Suggested Citation

Sykes, Katie, Bambi Meets Godzilla: Children's and Parents' Rights in Canadian Foundation for Children, Youth and the Law V. Canada (February, 12 2012). McGill Law Journal, Vol. 51, No. 1, 2006, Available at SSRN: https://ssrn.com/abstract=2003948

Katie Sykes (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
53
Abstract Views
962
rank
456,803
PlumX Metrics