"Reaching Out Child Abuse Monument"
Sculptor: Michael C. Irving, Ph.D.

LAWS APPLYING TO CHILD ABUSE

Everyone has a personal responsibility to protect our children, not only to uphold their rights, but for the benefit of all members of society.

The laws on child abuse are primarily a provincial jurisdiction.

These laws are necessary as a measure of protection for children from all forms of abuse.

People who commit crimes against children should be punished to the same degree if not higher, as for the same crime against an adult, due to the vulnerability of children.

Section 43 is a federal regulation which allows for the physical hurting of children as a form of discipline. This regulation, when referred to in courts of law, has allowed for the condoning of brutal treatments of children. The law needs to be changed!

Through schools and the media children need to be informed about child abuse, their rights and where to turn for help.

Canada is a signatory on the U.N. Convention on the Rights of the Child. These Rights have not been fully implemented. It is time to put these Children's Rights into practical and effective policies, laws and services.

If you suspect a child is being abused, please call your local child protection agency or the police. You don’t need proof and you can call anonymously.

Discussion - Laws Applying to Child Abuse

The public needs to know what the laws pertaining to child abuse are. They need to know what to do if a child discloses abuse, and when to call the police or other helping agencies. They need to know what to look for, to suspect, expect or know. What are the warning signs of abuse? People are often afraid to report abuse. Misinformation is common.

We need a process to help children become aware of and to understand the laws pertaining to abuse. These laws need to protect children first, not their families. They need to protect children from the onset. The laws must set standards for protection of children.

In Canada, the laws on child abuse are primarily a provincial jurisdiction. These laws are necessary as a measure of protection for children from all forms of abuse.

REFERENCES ON LAWS APPLYING TO CHILD ABUSE:

Bagley, Christopher and Raymond John Thomlison. Child Sexual Abuse: Critical Perspectives on Prevention, Intervention and Treatment. Toronto: Wall and Emerson 1991.

Brunet, Robin. “Feminist Psychology Takes a Beating: A B.C. Teacher’s Acquittal May Turn the Tide Against Purveyors of Repressed Memory Therapy.” Alberta Report, February 2, 1998, vol. 25 no. 7, p.44.

Department of Justice, Canada. What to Do if a Child Tells You of Sexual Abuse: Understanding the Law. Ottawa: Communications and Public Affairs, Dept. of Justice Canada, 1989.

Dranoff, Linda Silver. “Can A Woman Charge Her Father or Stepfather With Sexual Abuse… When She Was a Child or an Adolescent?” Chatelaine (English), April 1988, vol. 61 no. 4, p. 250, 252.

Dunsdon, Kelly. “Child Sexual Abuse: A Comparative Case Comment.” Canadian Journal of Family Law, 1995, vol. 12 no. 2, p. 441-56.

Durrant, Joan E. “Abolition of Corporal Punishment in Canada: Parents Versus Children’s Rights (1994) 2. The International Journal of Children’s Rights 129.” Canadian Journal of Family Law, 1995, vol. 12 no. 2, p. 457-8.

Dziech, Bill Wright and Charles B. Schudson. On Trial: America’s Courts and Their Treatment of Sexually Abused Children. Boston: Beacon Press. 1991.

Fennell, Tom. “Satan Factor: Bizarre Cults Promote Child Sex Abuse.” MacLean’s, June 22, 1992, vol. 105 no. 25, p. cover, 29.

Ford, Fred. “Rights of Children and Parents and the Duty of the State.” Entourage, 1997, vol. 10 no. 3-4, p.10-15.

Harnick, Joseph P. and Floyd Bolitho. A Review of the Implementation of the Child Sexual Abuse Legislation in Selected Sites. Ottawa: Communications and Consultation Branch. Dept. of Justice Canada, 1992.

Harvey, Wendy and Paulah Edwards Dauns. “Sexual Offences Against Children and the Criminal Process.” Canadian Law Libraries, August 1994, vol. 19 no. 3, p. 99-100.

Harvey, Wendy and Anne Watson-Russell. So, You Have to Go to Court: A Child’s Guide to Testifying as a Witness in Child Abuse Cases. Toronto: Butterworths, 1986.

Hunter, Laird. “Who is Responsible? Who Should Be? (Children’s Foundation Case).” Law Now, August-September 1996, vol. 21 no. 1 p.37.

Kieran, Sheila. The Family Matters: Two Centuries of Family Law and Life in Ontario. Toronto: Key Porter Books, 1986.

McDowell, Jim. “Wrongfully Denied DNA? A Lawyer Says Blood Would Have Refuted An Incest Charge.” BC Report, November 6, 1995, vol. 7 no. 10 p. 24-5.

McGovern, Celeste. “Fact or Fancy From the Mouths of Babes: The Supreme Court Will Judge the Credibility of Taped Children’s Evidence.” Alberta Report, January 4, 1993, vol. 10 no 3, p. 18-19.

McKechnie, Adele. “People Like Us Get A Life Sentence.” Alberta Report, September 14, 1998, vol. 25 no. 39, p.28.

Morrow, Jeff. “Child Advocate Pushes Rights of Children (Child Welfare Act Amendments).” Windspeaker, September 8, 1989, vol. 7 no. 27, p. 9.

National Film Board. Nova Scotia Dept. of Supply and Services (Information and Communication Services) Co-producers. A Child’s Day in Court. Film. Canada: Distributed by the National Film Board, 22 min., 1998.

Pence, Donna and Charles Wilson. The Role of Law Enforcement in the Response to Child Abuse and Neglect. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, National Center on Child Abuse and Neglect. 1992. (Online)

http://www.calib.com/nccanch
/pubs/law/index.htm.

Penfold, Susan. “Questionable Beliefs About Child Sexual Abuse Allegations During Custody Disputes.” Canadian Journal of Family Law, 2997, vol. 14 no. 1, p. 11-30.

Pittaway, Kim. “Sex Abuse Survivors Now Have More Time to Sue Their Abusers”. Canadian Living, February 1993, vol. 18 no. 2, p. 121.

Schlesinger, Joel. “Residential Schools On Trial: a UN-Affiliated Tribunal Could Find Canada Guilty of Cultural Genocide.” BC Report, June 29, 1998, vol. 9 no. 43 p. 27.

Shapiro, Laura. “Rush to Judgement: America is Now at War Against Child Abuse. But Some Recent Cases Suggest We May Be Pushing Too Hard, Too Fast.” Newsweek, April 19, 1992, vol. 121 no. 16, p cover, 54-60.

Sheremata, Davis. “Make the Lawyers Pay: A Bill Currently Before the Senate Would Penalize Lawyers Bringing Vexatious Claims of ‘Ritual Abuse’.” Alberta Report, March 3 1997, vol. 24 no. 12 p. 29-30.

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Sullivan, Terrence James. Sexual Abuse and the Rights of Children: Reforming Canadian Law. Toronto: University of Toronto Press, 1992.

Woodard, Joe. “Wolf In Shepherd’s Clothing? The Edmonton Catholic Archdiocese is Accused of Shielding a Priest-Pedophile.” Alberta Report, August 10, 1998, vol. 25 no. 34 p.34-5.

Yurchesyn, Kathaleen, Ann Keith and K. Edward Renner. “Contrasting Perspectives on the Nature of Sexual Assault Provided by a Service for Sexual Assault Victims and by the Law Courts.” Canadian Journal of Behavioural Science, January 1992, vol. 24 no. 1, p.71-85.

Zarb, Lise Helene. “Allegations of Childhood Sexual Abuse in Custody and Access Disputes: What Care is in the Best Interests of the Child.” Canadian Journal of Family Law, 1994, vol. 12 no. 1, p. 91-114.

“Fighting The Child Sex Trade: Putting Abuse in the Spotlight. International Pressure Can Help”. World Press Review, November 1996, vol. 43 no. 11 pcover, 7-8 (English).

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“Legal Abuse: Child Sex Trials.” Economist, December 16, 1995, vol. 337 no. 7945, p. 25.