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''Canadian Foundation for Children, Youth and the Law v Canada (AG)'', () 1 S.C.R. 76, 2004 SCC 4 - known also as the spanking case - is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence for assaulting children as not in violation of section 7, section 12 or section 15(1) of the Charter. == Background == The Canadian Foundation for Children, Youth and the Law ("Foundation") applied for a declaration to strike-down section 43 of the Criminal Code which states, under the section entitled "Protection of Persons in Authority", The basis of which is because the provision violates: # section 7 of the Canadian Charter because it fails to give procedural protections to children, does not further the best interests of the child, and is both overbroad and vague; # section 12 of the Charter because it constitutes cruel and unusual punishment or treatment; # section 15(1) of the Charter because it denies children the legal protection against assaults that is accorded to adults. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian Foundation for Children, Youth and the Law v Canada (AG)」の詳細全文を読む スポンサード リンク
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