Recent Cases

Jillian Williamson recently represented a man charged with several accusations of child abuse against his children. In this case, his wife was also charged. His wife was represented by a different lawyer due to issues of conflict and an appearance of conflict. In this case, three children alleged that their parents used physical force for discipline. This family is a blended family wherein Jillian’s client is the biological father of one child and a stepfather to the others. His wife and her ex-husband were engaged in family court proceedings. The allegations were brought to the attention of the ex-husband and family law filings commenced.

In order to prove the offences beyond a reasonable doubt, the Crown prosecutor must establish both the mens rea (mental intent) and the actus reus (the physical act).

Child Assault Charges Withdrawn

In Canada, parents are allowed to physical force as a means of corrective discipline in child home, but there are limits to its use. Section 43 of the Criminal Code 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.

Reasonable force has been interpreted by the Supreme Court. Factors that a Court will consider when this defence is raised are:

1. age and character of the child,
2. nature of the issue calling for a correction,
3. reasonable and probable grounds and gravity of the correction, any injuries, and
4. the likely effect of the punishment on the child (possible need for a medical treatment).

It is important to understand corrective force can never be used above the neck and not on children aged 12 or older. In Ms. Williamson’s case, it was the successful negotiation with the prosecutor that prompted the withdrawal of all child abuse charges.

Hire the Best Child Abuse Lawyers

This case demonstrates two important points. It is always imperative that your child abuse lawyers be privy to any family law filings in all child abuse cases and proceedings. In these filings, statements are made that can impact a credibility and reliability analysis in the criminal case. The second important point is that when you provide your defence child welfare lawyer with all the information (even if it is hurtful or embarrassing) you are arming your child abuse lawyer with all the ammunition to allow for successful advocacy.

If you have been charged with a criminal offence like sexual abuse or child abuse, contact the child welfare lawyers at Wyman & Williamson today.