Twitter Moot Challenge - Corporal Punishments

In this activity, you will you work to compose a Tweet where you answer the following question:

Should we change the law that allows corporal punishment of children?

You will use this organizer to help you research either side of the issue, provide you guidance on the
relevant Charter and its sections, and give you any related laws on the matter. You will compose your
Tweet in the box on the following page - be sure to check with Ms. Watts to see if you are missing
anything and to help refine your ideas - and we will post your tweets on our class page. (tweet 2 marks
(shows your thinking and is easy to understand, and works with twitter), 3 marks for showing your
thinking in your notes)

Relevant Articles and Resources:

Parliament of Canada Report

Justice for Children and Youth
Advocacy Group: Repeal43
Advocacy Group: Victims of Crime
LawNow Magazine
Public Legal Education (New Brunswick)
Department of Justice

Existing Laws:

Criminal Code of Canada: Section 43 - this is the section of the Criminal Code that is under discussion

What to Consider...

In preparing for this debate, students and teachers may wish to consider questions and issues such
as:
● Moral arguments around the rights of parents and children
● The purpose of the law in question
● Whether the law should be kept, repealed or changed
● Whether the law violates the Charter rights of parents or children
● Whether any such violation is justified
● The reasonableness of the guidelines provided by the SCC
● The circumstances of teachers and others “standing in the place of a parent”

Spanking and the Charter...

Consider this article from OJEN about how Section 43 of the Criminal Code interacts with the Charter
 Your Tweet: /2

We should not revise the law to allow corporal punishment of children. Punishment is more
destructive than good. It causes pain, prevents children from learning conflict resolution, breaks
bonds, & is linked to mental health issues including anxiety, depression, and drug usage.

Please be sure to add it to the assignments so that it can be posted on our class Twitter page -
@wessremote

Notes: /3

In countless instances, the idea that the world's future is in the hands of the younger generations has always been mentioned
in discussions about discipline. It was unheard of three or four decades ago to ensure that children adhered to moral norms.
Parents often used a variety of methods to discipline their children, including caning and spanking. However, the techniques
of disciplining children have evolved throughout time. The most acceptable practices of instilling discipline in children have
been at the heart of the discussion, thanks to the many child welfare campaigns and rights organizations that have worked to
guarantee that children are acknowledged as human beings and afforded the same rights as adults.

In particular, the argument is based on physical punishment by a parent to discipline a kid. The tug of war over the proper
method of disciplining creates a schism between generations, with the majority of Boomers believing that spanking or using a
cane to instil discipline is the best way to ensure that a child aligns to the discipline and moral standards set by the
parent/guardian and society. On the other hand, most millennials feel that a kid may be punished in ways different than
caning or spanking. Furthermore, the Millenial argument views children as persons with rights and freedoms that even
parents should respect.

To begin, caning or any condition that inflicts pain inhibits children from learning how to manage disputes and eliminate
friction humanely and adequately. Children who are occasionally subjected to pain do not entirely forget the experience,
despite understanding and achieving the desired result by the parent or guardian who inflicted the pain. As the child grows
and continues to experience punishment, the focus shifts away from learning the right things and lessons intended by the
canning and spanking. The child gets focused on how to cope with the pain the next time they are punished.

Furthermore, children develop rage, guilt, and sometimes vengeance fantasies when they learn about pain management. As a
result, the children are deprived of learning about other dispute resolution strategies other than violence. According to
behavioural research, adults who exhibit violent behaviour, such as fighting when resolving conflicts, often have a history of
experiencing corporal punishment as children; in essence, corporal punishment removes children's compassionate nature,
leading them to believe that the only way to resolve conflict is through violence. Consequently, many children find
themselves on the wrong side of the law as a result of their parents' aggressive behaviour. Based on these findings, there is a
need to provide children with opportunities to learn about the human aspect of life. They must learn about nonviolent conflict
resolution, and conflict resolution approaches. It is the only way to assure that they do not suffer from life-long resentment
that might have been avoided.

Second, punishment disrupts the link between parents/guardians and their children. Individuals who advocate for the use of
punishment, including spanking and caning, to discipline children believe that children at their immature age do not grasp the
notion of pain and unfriendliness connected with it. Based on our experiences, it is unusual for a person to build a meaningful
connection with someone who has injured us. Although parents may argue that using punishment on children to achieve a
spirit of cooperation is necessary, it is critical to understand that the desired result of discipline can be achieved through
alternative strategies founded on the creation and nurturing of strong bonds based on mutual feelings of respect and love. The
majority of adolescents and adults who have unstable and dysfunctional relationships with their parents can testify to at least
one sort of physical damage or punishment in the form of punishment. As a result, it is critical to guarantee that the
relationships between children and their parents are established on nothing less than mutual love and respect. It is the only
way for the next generation to grow up in a healthy society and family environment that understands the need to discipline
children in a human manner that realizes that they are human and capable of hurting sentiments.

Punishment also has a harmful psychological impact on children. According to Ms. Lynn Soh, Senior Principal Psychologist
of the Psychosocial Trauma Support Service at KK Women's and Children's Hospital (KKH), a part of the Sing Health group,
"Corporal punishment sends an aggressive message to children. It comprises frequently telling a child he is worthless,
useless, unloved, or unwanted and threatening him with physical or psychological abuse. More than the actual physical
punishment, the message of violence has a significant impact on a child's psychological health later in life." According to the
study, children often misunderstand the goal of punishment. In addition, children may fail to comprehend the meaning of
discipline based on their age and degree of growth and development, resulting in internalizing the message of violence.

As a result, when the children reach adulthood, they may be unable to comply with cultural norms and regulations that need
comprehending to conform to them. Regarding the prevalence of crime and violence in the community, it is likely that
offenders of violent crimes do not commit them to represent their erroneous behaviour. Still, it's possible that their
upbringing was filled with violence, preventing them from growing and adapting to their surroundings. As a result, it is
critical to acknowledge that a child's teachings and experiences are the most influential factors shaping their character as an
adult.

Furthermore, physical punishment, including caning and spanking, has been linked to mental health issues such as anxiety,
sadness, and substance abuse. The Canadian Medical Association reports that "According to current neuroimaging research,
physical punishment may alter brain regions associated with IQ test performance and increase sensitivity to drug or alcohol
addiction. Attitudes against the use of physical punishment have transformed, and many nations have turned their emphasis
to positive child discipline and have officially prohibited physical punishment." When children are punished, it is common
for them to misinterpret the meaning of the sentence. In countless cases, sanctions have been imposed without adequate
explanation of their aim.

Consequently, children often acquire poor self-esteem, which interferes with concentrating on activities that promote mental
growth and development, such as learning. More significantly, the children may be unable to isolate their sentiments of
denial and hatred towards the parent or guardians who cause the suffering, impairing their capacity to focus in class and
understand the subject. In the worst-case scenario, children and teenagers may turn to drugs and alcohol to cope with despair
and anxiety due to their punishment experiences. In the worst-case situation, the children may even consider suicide due to
their feelings of loneliness and isolation. These findings are a good illustration of why it is critical to recognize that, although
punishment has an immediate outcome, the consequences may be permanent, significantly if the sentence is prolonged for a
more extended period of time.

Despite the various flaws connected with punishment as a technique of developing and maintaining discipline in children,
proponents of punishment highlight crucial observations such as the use of pain as a negative reinforcement for poor
behaviour and indiscipline. Pain is an efficient negative reinforcement. When children experience pain due to their actions
and errors, they become afraid to breach the rules. This leads to a comprehensive examination of their actions and a law
recall when restrictions are breached. However, it is essential to emphasize that punishment is not the only kind of negative
reinforcement that might be used to keep children disciplined. Children may be punished in a variety of methods that do not
involve causing pain. For example, children who often fail to do their schoolwork or perform basic tasks such as personal
hygiene might be taught to stop the behaviours by removing the elements that trigger them. In essence, the children may be
failing to do their schoolwork because they spend too much time watching TV or playing computer games. Disciplining such
children may be accomplished in several ways as a parent or guardian. A parent, for example, may deny their child access to
television and video games until all of their responsibilities are met. Based on the children's connection to things of play and
enjoyment, a lack of access to them is likely to elicit a desire to follow the rules without experiencing bodily and emotional
pain as a consequence of punishment.

In conclusion, although there are several ideas and ways for teaching and maintaining discipline in children, the question of
spanking and caning as a means of disciplining children has been a source of debate for a long time. Although proponents of
punishment as appropriate disciplinary action tout its efficacy, promptness, and satisfaction, punishment produces more
damage than benefit. Caning harms children because it causes pain, which distracts children from learning how to resolve
conflict and remove friction effectively and humanely; it interferes with the bond between parents/guardians and their
children; it has a negative mental and psychological effect on children; and it is associated with several mental problems such
as anxiety, depression, and drug and alcohol use. Therefore, parents and guardians must investigate alternative disciplining
children that do not cause them bodily or emotional damage to preserve children's lives and futures. Furthermore, although all
parents want to mould their children's character and behaviour, it is crucial to recognize that children, like adults, have
emotions and the capacity to record and recall events. The goal of discipline is to mould children's character and behaviour
while also preparing them for adulthood.