On the one hand, a review of the most recent psychosocial and neurological studies unequivocally reveals that the use of corporal punishment constitutes a method of discipline that is not only inefficient and without true benefit, but that also poses serious risks of harm in the short, medium and long term. Indeed, children are at risk of experiencing negative impacts on their physical and mental health, as well as seeing their development impaired. On the other hand, an analysis of the case-law related to corporal punishment since the Canadian Foundation for Children, Youth and the Law v. Canada 2004 SCC 4 decision demonstrates that under section 43 of the Criminal Code, the protection afforded to Canadian parents who do use this method of discipline is extremely limited. Canadian courts have applied the strict criteria established by the Supreme Court, making this defence almost inapplicable. For these reasons, the legitimacy of section 43 of the Criminal Code must be challenged.