Thank you, Madam Chair.

My name is Sébastien Joly, and I am the executive director for the Quebec Provincial Association of Teachers, or QPAT.

QPAT represents the 8,000 teachers working within the network of Quebec’s anglophone public schools. QPAT is also a member of the Canadian Teachers’ Federation, or CTF, and negotiates as a group with the Fédération des syndicats de l’enseignement du Québec.

Members of the committee, I want to thank you for giving me the opportunity to present Quebec’s point of view, as well as the reality of the teachers we represent, as part of the study of Bill C-273, which proposes to repeal section 43 of the Canadian Criminal Code.

From the outset, I would say that repealing this section is cause for great concern for both QPAT and for the Canadian Teachers’ Federation. Knowing that this bill flows from the 94 recommendations and calls to action put forth by the Commission on Truth and Reconciliation of Canada, it is imperative to say the intent of QPAT’s position does not minimize in any way the years of abuse indigenous people in Canada experienced in residential schools. Nor does it call into question the highly symbolic value of repealing section 43 of the Canadian Criminal Code, which symbolizes the past reality of practising corporal punishment, both institutionally and domestically. On the contrary, QPAT fully supports the spirit of the measures recommended by the Commission. In fact, QPAT participated actively in the curriculum review process in line with calls to action 62 and 63, under the title of “Education for Reconciliation.” This resulted in the revision of the history and civic education programs in Quebec.

Furthermore, like the CTF, QPAT has opposed the practice of any form of corporal punishment for several decades.

While we are fully aware of the intent behind the introduction of this bill, it is essential to ensure that its adoption does not result in unintended and unfortunate consequences for the teachers we represent.

In this sense, we are convinced, following the advice of our legal experts, that the removal of the elements of protection included in section 43, in the absence of an amendment to the Criminal Code to guarantee protections for school staff, would constitute a serious risk for teachers as well as other categories of school staff, given the context and conditions in which they practise their profession on a daily basis.

Indeed, the increasingly heavy and complex composition of the classrooms in the context of a glaring lack of professional and specialized support resources, as well as the constant progression of violence in our schools, whether in or out of class, means that teachers are confronted on a regular basis with issues that could require the use of reasonable force towards a student with the sole objective of fulfilling their responsibility to ensure a safe school environment for the students. The legal vacuum thus created would necessarily expose them to an increased risk of criminal charges, prosecution or even convictions for interventions carried out in the course of their duties. These interventions would automatically be considered assault under subsection 265(1) of the Criminal Code of Canada.

As executive director of QPAT, I am directly responsible for following up on all cases related to criminal allegations filed against teachers who are members of our local unions throughout Quebec, working closely with the law firm Battista Turcot Israel from Montreal, which represents our members in such cases.

As such, I can confirm that the existence of section 43, the scope of which was significantly redefined by the 2004 Supreme Court decision, can no longer be used as a defence for teachers charged with assault within the meaning of the law. Nevertheless, I can confirm that it is the very existence of section 43 that allows the various stakeholders involved—police investigators, prosecutors and judges—to exercise a certain level of discretion in such cases, particularly when it is clear, following an investigation, that an educator used reasonable force for the purpose of ensuring a safe school environment for their students. As a result, many cases do not proceed to trial. According to our legal experts, the complete repeal of section 43 would result in the disappearance of this level of discretion and an increase in the number of charges, prosecutions and convictions, with all the impact that this implies for the individuals concerned and their families.

Finally, we are also concerned that this increased risk for teachers could cause additional unfortunate and unintended consequences, including making our schools less safe but also discouraging potential future teachers from choosing this beautiful profession and making a career out of it, thereby further exacerbating the teacher recruitment and retention crisis facing our public school systems in Quebec and across the country.

It will be my pleasure to answer any questions you might have and develop more of the elements presented in the brief submitted by QPAT.

Thank you.