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Friday

20

June 2008

Child's Punishment Overturned By Canadian Court

Written by , Posted in The Nanny State & A Regulated Society

As the state gets ever bolder in supplanting parents, court cases like this could become common place in America.

First, the father banned his 12-year-old daughter from going online after she posted photos of herself on a dating site. Then she allegedly had a row with her stepmother, so the father said his girl couldn’t go on a school trip.

The girl took the matter to the court – and won what lawyers say was an unprecedented judgment.
Madam Justice Suzanne Tessier of the Quebec Superior Court ruled on Friday that the father couldn’t discipline his daughter by barring her from the school trip.

The judge’s decision, made from the bench, applies only to the girl’s unusual circumstances, lawyers for both sides said, trying to dispel visions of grounded teenagers rushing to the nearest courthouse to overturn their parents’ punishments. Nevertheless, the case triggered an uproar in the Gatineau region of Quebec, near Ottawa, where the girl, her divorced parents and her stepmother live.

…Before Judge Tessier, she cited Sections 159 and 604 of the Quebec Civil Code, which allow minors in some circumstances to initiate court proceedings relating to the exercise of parental authority.

Ms. Beaudoin said Section 159 is normally used in extreme circumstances, for example when a child wants to be removed from negligent parents.

Now the nannies have the authority to second-guess your parental punishments.

Hat tip: Overlawyered