Canada's so-called 'spanking-law' - the section of the Criminal Code that allows parents to use reasonable force to discipline their children - has been upheld in the Ontario Court of Appeal.

Lawyer Rosyln Levine, who represented the Attorney General of Canada, was pleased with the ruling.

"This section provides a very balanced approach to the very difficult issue of raising children in modern society, and that parents have an interest in raising their children within a protected sphere. And it balances the rights of children who clearly have constitutional rights to security of the person. And what (the) court appears to say is that section 43 achieves that balance," she said.

Paul Schabas

The Canadian Foundation for Children Youth and the Law isn't pleased by the court's decision. The group launched the challenge.

Foundation lawyer Paul Schabas says he wanted the judge to strike down the spanking law. But, even so, he isn't entirely unhappy.

"We're pleased that the court made a number of findings that clearly narrow the impact of the law," he said.

Schabas says earlier decisions, where parents were acquitted of hitting their children with belts or rulers, were wrong. He says children are better protected now.

Marvin Berstein of the Association of Children's Aid Societies agrees. "Parents can still use Section 43 (of the Criminal Code) as a defence, but in a much more limited fashion."

Berstein says the ruling may have implications for a group of parents in Aylmer, Ont. who say their religion dictates they use instruments instead of their hands for disciplining.