Maxim Institute: the major problems with Bradford's bill

The major problem with repealing section 59 is that it would make it a crime for parents to use any kind of force, no matter how minor, as a part of discipline. This is because their actions would come within the definition of "assault" in section 2 of the Crimes Act. "Assault" is defined very broadly as:

the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly  or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose ...

Without section 59, any use of force as part of the discipline of a child would be a crime. A light smack on the bottom would be an illegal assault. In fact, even picking up a child to put them into "time out" against their wishes would be an assault. Parents who did these things would have committed a criminal offence and could find themselves prosecuted.