is cutting someone's hair assault canada

Where a significant portion of a woman's hair is cut off without her consent this is a serious matter - not trivial or insignificant - amounting to bodily harm.". 2 0. 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It was assault or something. Business License May Also Be Required. So off the matron goes to complain to John Andrews, the principal. Even common childhood accidents like bedwetting were punished harshly. Something went wrong, please try again later. You know what Andrews did? Battery is harmful contact with the victim (actually cutting the hair off). Smith may well have been guilty of ordinary common assault, but he had not been charged with that. What is represented by such acts? The Criminal Code defines simple assault in three ways: (1) An assault can occur if a person intentionally applies force, either directly or indirectly, to another person without their consent. Sometimes they’ll include recommendations for other related newsletters or services we offer. Learn about the methodical schedules and system of discipline and surveillance imposed on students of Indian Residential Schools. In the 1990s, as the truth behind the treatment of indigenous students came to light, it became clear that discipline and punishment could easily lead to physical abuse. First, it’s both assault and battery, both of which can be prosecuted as crimes or litigated as torts. For almost an hour the judges discussed, among other things, what hair means to a woman - and whether its unwanted removal with a pair of kitchen scissors could amount to actual bodily harm. Thomas Moore, a young Indigenous boy who attended Regina Industrial School, is portrayed with short hair and Western-style clothing. Some of the technologies we use are necessary for critical functions like security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and to make the site work correctly for browsing and transactions. Perhaps no offence under our laws is as politically charged as sexual assault. Definition of Third Degree Assault Charges in Castle Rock and Highlands Ranch. I was nine years old when I started there. Can you go to jail for cutting someone’s hair? Many people confuse the two. ‘I couldn’t let the matron go because she plays the organ on Sundays. You may want to talk to a lawyer about it. October 12, 2016 By Charles Davison. Battery is defined in NRS 200.481 as any willful and unlawful use of force or violence upon the person of another. Officials and missionaries created such propaganda so that they could adopt it as evidence of the radical, “beneficial” changes the schools brought about in their students. 1. What adjectives do the students use to describe their experiences? 5. I was a very little girl. Avvo Rating: 10. . The local dentists were given free Novocaine by the government for the Native kids, but the traditional practice after the war years was for them to hoard the Novocaine for their practice in Port Alberni and just work on the Indians without painkillers. Every once in a while students would run away, trying to get home. It was a long way from home. Assault Charges in Ontario, Canada Assault is a criminal offence in Canada that includes incidents ranging from minor assaults causing no physical injury, to assaults resulting in significant bodily harm. When she woke him up, he pushed her down on the bed, produced the kitchen scissors, sat on top of her and cut off her ponytail and hair from the top of her head without her consent, the judges were told. An ex-boyfriend's act of cutting off a girl's ponytail could be interpreted as an offence of assault occasioning actual bodily harm, the High Court ruled yesterday. We hardly ever made it home, we were usually caught. Refusing to convict Smith, the magistrates said he may well have "changed the appearance" of his victim, but there was no evidence to prove actual bodily harm, or psychiatric or psychological harm. View the French version of the Stolen Lives book. He forced the boy to pull his pants down and gave the boy 10–15 straps with a great big leather strap. )2, The staff at the Mohawk Institute even built a prison cell for those who tried to escape.3 Indeed, disobedience and escape were two of the most common forms of resistance to the harsh, foreign discipline. Originally Answered: If you don't give consent for someone to cut you hair is that assault since your hair is a part of you? Miss Tether was distressed following the loss of her shoulder-length hair, but that was an emotion which could not of itself amount to bodily harm. That's battery, not assault. Some regard it as their crowning glory - admirers may so regard it in the object of their affections. 0 Likes. They said: "The cutting of Miss Tether's hair did constitute an assault, but there was no actual bodily harm as there was no bruising, bleeding or cutting of the skin.". Cutting curly or wavy hair properly when it's wet can be difficult, as the water will cause the hair to temporarily lie flat and straight. Their aboriginal names were replaced with Euro-Canadian ones. Examples of this kind of assault include punching, pushing, slapping, kicking, spitting, or pulling a chair out from someone who is about to sit down. Knife or Cutting Instrument 3. What do these stories about punishment reveal about the attitudes of school officials toward their students? “Funny” but True story: Cutting off a chunk of someone’s hair without their consent is actually, legally considered assault and battery with a deadly weapon. There was no need to cause physical pain to cause actual bodily harm. This site is protected by reCAPTCHA and the Google, Stolen Lives: The Indigenous Peoples of Canada and the Indian Residential Schools, The Indian Act and the Indian Residential Schools, Elders Talk About the Significance of Long Hair in Native American Culture, Garnet’s Journey: From Residential School to Reconciliation. Lv 7. Our. At the Alberni School on Vancouver Island, which was in operation from 1892 to 1973 under the United Church, punishments were particularly harsh, and treatment of the children was often brutal. He fired me for hitting the matron! What message was sent by firing MacFarlane instead of the matron? The Criminal Code has several specific assault related provisions, including common assault, assault causing bodily harm, aggravated assault, and assault with a weapon. Assault with the intent to commit a violent felony is a third degree felony in New Mexico, exposing the defendant to substantial time in prison, probation, and fines. I agree. No, that's not assault. Other Assaults—Simple, Not Aggravated The UCR Program considers a weapon to be a commonly known weapon (a gun, knife, club, etc.) They couldn’t really ever find out why, but I think it was because of the sexual abuse that went on there. Two teenagers who shaved a sleeping schoolgirl's eyebrows and hair off are detained for 10 months at a young offenders' institute. Lorna, who was at the Mohawk Institute from 1940 to 1945, describes the “shock treatments” the girls would receive, regardless of whether they had actually wet their beds. It is not necessary that the victim feels the touching. To cut a man's hair, start by trimming the sides and back with clippers while their hair is dry. Assault is one of the more serious violations a Canadian can commit, and is classified as a criminal act, which means it will be tried in court. A lot of us never wet our beds but we still had to do it anyway. When students who could not take the separation from their parents and the harsh environment ran away from the school and were caught by the school staff or the Indian agents, they often received strappings or were struck with the “cat-o-nine tails,” a whip with a cotton cord and nine knotted thongs, commonly used for punishment by the British navy and army.7 For offences such as running away, students also received hours of isolation in dark closets, boiler rooms, or abandoned areas of the school. But the residential schools were no elite boarding schools, and for many students the physical punishment experienced in the residential schools was physical abuse. They broke up on two occasions. Mr Justice Cresswell said: "To a woman, her hair is a vitally important part of her body. How do you explain the principal’s reaction to MacFarlane’s attempt to stop the matron from beating the student? CUTTING off an ex-girlfriend's ponytail could be interpreted as assault, the High Court ruled. Website. She was just murdering that kid, who was maybe six years old, and she would have killed her if I hadn’t have grabbed the matron and socked her one. Traditional indigenous education, including adult responses to misbehaviour, rarely involved physical punishment. Even if the patient seems non-responsive it is amazing what can still be taken in and understood. (Chris Young/The Canadian Press) Victims 'validly' have complaints. It is concerned with the body of the individual victim.". One boy was hauled up in front of all the assembled students by the principal. Everyone was confirmed. The hair length and style also distinguish between different indigenous nations. Learn about the Blue Quills First Nation College, an example of a successful, independent indigenous educational institution in Canada. I agree with this answer Report. This also includes contact with the victim's clothing, a rule dating back to 1845 in R v Day. The ordinary meaning of bodily harm included "any hurt or injury calculated to interfere with the health or comfort of the victim", so long as it was not trivial or insignificant. I admitted this a received a caution. How does Marian MacFarlane explain why the dentists did not give painkillers to the indigenous students? (972) 284-0360. I got very lonesome. Students who did not adhere to school schedules and regulations received strappings (whippings) and were often humiliated in front of peers. In New Mexico, actual offensive physical contact, such as punching another person or hitting someone with an object, is a battery. . Yesterday Sir Igor Judge, president of the Queen's Bench Division of the High Court, and Mr Justice Cresswell ruled the magistrates had gone wrong in law and must continue hearing the prosecution case against Smith. I saw something like that on Crimewatch a few years ago - a man kept sitting behind women on buses and cutting bits of their hair off. Sir Igor agreed, saying: "Whether it is alive beneath the surface of the skin or dead tissue above the surface of the skin, the hair is part of the human body. Many in the schools’ administrations believed that the students’ independent spirit had to be broken in order for them to accept a new way of life. One time we even took a pony from a farmer’s yard and rode it for several nights trying to get home. It was awful. 0 "I note that an individual's hair is relevant to his or her autonomy. And we would do that about three times.8. Why do you think that physical punishment was so common? Reading Time: 11 minutes. Invalid Email. 4.9230769230769 stars 65 reviews. Everyone in the school knew about this and condoned it, from the principal on down. And in no other offence situation are the gender lines as clearly drawn: while there are some exceptions, most sexual assault allegations are made by women who say they have been violated by men. The "essential element" of the offence, under the 1861 Offences Against the Person Act, was missing. Toronto lawyer Julian Falconer, who has been retained by the family, says cutting someone's hair without their consent is a proven case of assault, and he questions why no charges were filed. No one minded when Indians were hurt, naturally; they were being beaten every day. thestar.com is Canada's largest online news site. 1 (The cutting of hair on the first day at school or for punishment had a profound meaning. On April 11, weeks before her 21st birthday, Miss Tether went to Smith's home and up to his bedroom where he was asleep. The judges heard the unwanted haircut occurred in April last year. Canada ‘Assault’ on residential school students' identities began the moment they stepped inside . Punishment for running away varied. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Licensed for 17 years. Anything she did to that little squaw would have been better than us losing our organist.’ Well, that shows you what we were dealing with: the lives of the Indian kids were completely expendable. And since the abusive behaviour of some staff of the residential schools was covered up, some of them routinely abused their students both sexually and physically.4. "While it is so attached it, in my judgment, falls within the meaning of 'bodily' in the phrase actual bodily harm. Ann. In the first case of its kind, two eminent judges said hair could be regarded as a person's "crowning glory" - and magistrates at Dudley were wrong when they held that Michael Ross Smith (21) had no case to answer. What do you wish the principal had done. Hands, Fists, Feet, etc. However, few ever made it very far, since the schools were often established in isolated areas, and punishments for those who were caught were harsh. They said it worked for the girls but it didn’t work for the boys. In California, for example, cutting hair for compensation without a license is subject to an administrative fine and may even result in misdemeanor criminal charges. Google has many special features to help you find exactly what you're looking for. Cases have included kissing, spitting and cutting someone's hair without their consent. The line between punishment and abuse was frequently crossed. Students who tried to escape from the schools had their hair cut very short. When I attended there, students were confirmed when they reached age 13.5 It was a really big deal. 65 reviews. Search the world's information, including webpages, images, videos and more. Assault under the Criminal Code of Canada. He had a reputation for being mean. At what point does punishment become abuse? But in the High Court the magistrates' decision was overturned after Timothy Green, appearing for the DPP, successfully argued: "Cutting someone's hair without their consent is obviously an assault and naturally caused bodily harm." FORCIBLY cutting off a girl's hair could be actual bodily harm, the High Court ruled yesterday. Cutting someone's hair or shaving someone's beard is not respectful of a person's values, culture, religion, or their autonomy. No, but it is legally assault unless you are a parent talking about a child under the age of 10 who you need to give a haircut and they won’t co-operate and even then in some countries an argument for assault or abuse could be made as you are doing something to them presumably against their will which is why you are doing it while they are asleep, and at a time they cannot defend themselves. It is intrinsic to each individual and the identity of each individual, although that is not essential to my decision. Assault is a serious offence which, if convicted, can result in a criminal record for the defendant. Every year a big bus would come to pick us up at the reserve and take us to the school. You can unsubscribe at any time. The Law of Sexual Assault in Canada. She explains: Gordon’s Indian Residence is an Anglican Institution. That would have been in 1962. A staff member in 1961 and 1962, Marian MacFarlane, was fired for attempting to rescue a young child from a severe beating. It is subject to the same "everyday life" exception common to assault. If a conviction is secured, it may result in a criminal record, complete with fingerprint records and other legal processing. So cutting someone's hair when it's again religious beliefs is considered assault in a lot of places. Everything you need to get started teaching your students about racism, antisemitism and prejudice. They used to bring in a battery—a motor of some sort or some kind of gadget, and he’d put the girl’s hand on it and it would jerk us and it would go all the way through us from end to end—it would travel. Other Dangerous Weapon 4. However, I do think that the professor should have told the patient that it was being done. Rather than preparing students for life after schooling was complete, a mixture of willful neglect and abuse negatively impacted many residential school students for the rest of their lives. 9 years ago . . Smith may well have been guilty of ordinary common assault, but he had not been charged with that. Indeed, such offences would earn students long hours—even days—in a dark and secluded closet, often without real food.1 (The cutting of hair on the first day at school or for punishment had a profound meaning. It took over three hours to get to Gordon’s from the James Smith Reserve. His government decided to cut and change the compensation programs for victims of crime in the spring budget. And symbolically, the cutting of a person’s hair by an enemy is an act of humiliation and forced submission. But in the High Court the magistrates' decision was overturned after Timothy Green, appearing for the DPP, successfully argued: "Cutting someone's hair without their consent is obviously an assault and naturally caused bodily harm.". Smith and Miss Michelle Tether, his ex-partner, started a relationship five years ago.

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