A father who experienced corporal punishment as a child thought he would use the same tactic when disciplining his unruly boy by spanking the child with a frying pan.
That action, it turns out, is illegal and caught the attention of the police and the courts.
The 52-year-old man assaulted his 10-year-old stepson in the southern Saskatchewan region sometime between July 1 and Sept. 30, 2022, in an attempt to discipline him because he was talking back and refusing to listen, Crown prosecutor Rob Parker said while reading the facts in Moose Jaw Provincial Court recently.
The man has been the primary father figure in the youth’s life since the latter was a toddler.
The judge implemented a publication ban, which means the father’s name cannot be published to protect his stepson.
In an attempt to punish the boy, the father took an aluminum frying pan, told his stepson to drop his pants, and spanked him one time on the buttocks with the object, Parker said. The boy was uninjured from the action.
“… this was not something done out of anger, but it was a calculated decision made to discipline the child. And it was obviously inappropriate and illegal,” he added. “He said the act was familiar to him because it had been done to him as a boy.”
Due to this act, the father pleaded guilty to one count of common assault. As part of a joint submission, he received a suspended sentence and 12 months of probation. Some of his conditions include keeping the peace and being of good behaviour, reporting to a probation officer, and taking treatment or counselling as directed.
The man has been the sole caregiver of his stepson for the last two years, while the biological dad has never been around, explained Legal Aid lawyer Suzanne Jeanson. The Ministry of Social Services apprehended the boy and put him in foster care — where he remains — which troubled the stepfather since he feels he let down his child.
Legal Aid could help the man reunify with his son since he has submitted a request for help.
“He’s wanting to take responsibility for this and move forward and hopefully work with the ministry to have the child returned home to him,” she continued. “I can only imagine (that) it’s very difficult for the child as well … .”
This was an attempt at discipline, but he didn’t realize using a frying pan was unlawful even if he used little force, said Jeanson. The father used other methods while attempting to punish his boy, including talking to him and removing privileges — but none worked.
“He would not use this discipline again,” she stated, before asking Judge Daryl Rayner to waive the victim surcharge.
Asked for comment, the stepfather said, “I just want to get my boy back.”
While correcting and disciplining children is acceptable as a parent, using an object is not and is considered an unreasonable use of force, said Judge Rayner. The court always takes the welfare of children seriously. However, he didn’t think this assault warranted further — and tougher — action.
The judge accepted the joint submission and agreed to waive the victim surcharge.
