"The children were in the back seat and, as noted by the Ontario provincial court judge hearing the case, "almost immediately, young Rachel started to misbehave. She started fighting with her brother" and pushed him out of the open car door. When William attempted to climb back in, Rachel slammed the door of the car on her brother's fingers. He screamed. David pulled Rachel out of the car, placed her across the trunk, and administered a "bare bottom spanking.""
"I read the news reports at the time and knew that the chances of David Peterson being convicted of assault were slim to none. The reason being that parents, teachers, and others acting in the place of parents are provided with a defence within the Criminal Code of Canada. Section 43 is one of several defences within the Criminal Code that permits the use of force in specific incidences."
During the summer of 1994 the American Peterson family holidayed in Canada while celebrating Paula's birthday. Rachel, age five, pushed her younger brother out of an open car door and slammed the door on his fingers. David removed Rachel, placed her across the trunk, and administered a bare-bottom spanking. Witnesses called the police and David was charged with assault. Canadian Criminal Code Section 43 excuses those who use physical force on children for the purpose of correction when the force is reasonable. David successfully relied on Section 43 as his defence in Ontario court. Section 43 specifically names children as the group to whom corporal punishment may be applied under the Code.
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