Charter Cases: Section 12: Cruel & Unusual Punishment

Section 12 of the Charter of Rights and Freedoms:

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

R. v. Lewis, 2012 ONCJ 413

In R. v. Lewis, Justice Bellefontaine of the Ontario Court of Justice applied the precedent-setting decision in R. v. Smickle, to strike down a three-year mandatory minimum sentence for “trafficking” in firearms. Continue reading

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Filed under Section 12: Cruel & Unusual Punishment

R. v. Smickle, 2012 ONSC 602

Mr. Smickle was convicted of possession of a loaded firearm, contrary to Section 95(1) of the Criminal Code, which carries a mandatory minimum sentence of three years’ incarceration. The Charter issue was raised on sentencing, and concerned the issue of whether three years’ incarceration was “cruel and unusual punishment” given the circumstances of Mr. Smickle’s offence. Continue reading

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Filed under Section 12: Cruel & Unusual Punishment

Canadian Foundation for Children, Youth & the Law v. Canada (Attorney General), [2004] 1 S.C.R. 76

The Canadian Foundation for Children, Youth & the Law, a childrens’ rights organization, brought an action for declaratory relief striking down Section 43 of the Criminal Code, the legislation which decriminalizes the spanking of children for the purpose of corrective discipline. Continue reading

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Filed under Section 12: Cruel & Unusual Punishment, Section 15: Equality Rights, Section 7: Life, Liberty, & Security of the Person