From Life Site News. (H/T Carolyn)
A New Brunswick father who was convicted of assault for spanking his 6-year-old son in 2009 has been granted a re-trial by the New Brunswick Court of Appeal.
The court found that the original trial judge was too “subjective” in determining the severity of the spanking, and pointed out that Canadian law allows corporal punishment as long as the child is between two and 12 years old and only reasonable force is used.
In the original trial, the father told the court that he, his wife and their three children were driving from their home in Durham Bridge to a museum in Fredericton in August 2009 when his 6-year-old son became unruly. The court heard that the boy was screaming in the back seat, kicking the front seats, throwing things and unbuckling his seatbelt. The father said he repeatedly tried to calm the boy down and threatened to spank him if the bad behavior continued.
The mother eventually stopped the car and the father spanked the boy three times on the clothed buttocks, according to his testimony, adding that he slapped his own leg several times to warn the boy before administering the spanking.
Millicent Boldon, who testified at the original trial as a witness of the event, told the court she called the police after seeing the man slap the boy “at least ten times,” and heard the child yelling, “You’re beating me senseless. Stop. You’re hurting me.”
Another witness, Jim Burns, said he couldn’t tell if the father was striking the boy or not, as their backs were turned to him, but testified that he saw 18 “blows” delivered.
But Justice Richard Bell and Justice Wallace Turnbull said in their decision that they overturned the original conviction because the original judge, who is not named in the appeal ruling, erred in giving more credence to witnesses whose testimony was inconsistent than to the father, stating the original judge “applied a subjective standard when she said ‘no spanking should go on and on to the point that strangers pick up the phone and call the police.’”
According to Justice Bell, “In this case the trial judge’s sole basis for convicting the appellant flowed from the duration of the punishment. In my view she applied a subjective standard by delegating to an onlooker the determination of guilt or innocence.”
The disturbing thing about this situation is that the husband and wife did not make any mistake. Normally, I can blame the man for marrying a feminist who opposes moral judgment and discipline of any kind. But in this case, it’s not the wife who is to blame. It’s some other woman who calls the police. I think it’s significant that the caller in question is female and that the judge was female. It’s similar to the other case from Quebec in which a daughter and mother got a female lawyer and went to a female judge in order to get the father’s grounding of the daughter overturned. This case is much worse than that case, because there was nothing that could be done by the husband and wife to prevent it.
Why would any man get married in a society in which men are not respected as providers or the protectors in the family? Where men don’t have the right to try to form the character the children will have, (instead of the public schools, where a huge majority of the teachers are female)? What is the point of marriage for a man if he is just going to be a sperm donor and ATM? Do men have any role in disciplining children who behave in an abusive and selfish manner – especially to their own mothers? If not, then why should a man bother marrying at all, if he is just going to produce children who start out their lives by not respecting their own mothers? Do people not realize that boys who are raised without fathers are exactly the men who are more likely to treat women badly? No man should get involved in a family if all he is going to do is pay hundreds of thousands of dollars to produce children who lack self-control and responsibility. What is the point of that?
By the way, I think it would be very ironic if the woman who made the call were pro-abortion, which is quite likely to be the case, in Canada.