Bedford vs. R
Case Name: Lohan vs. R
Section 7; “Eeveryone has the right to life, liberty and security of person.”
Charter Section to be used: Section 7: Everyone has the right to life, liberty, and security of a person Section 12: Everyone has the right now to be subjected to any cruel or unusual punishment
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In the 2001 extradition case United States v. Burns, the Supreme Court declined to decide whether capital punishment would classify in Canadian law as a cruel and unusual punishment and therefore a direct violation of section 12. They did, however, state that execution certainly "engages the underlying values of the prohibition against cruel and unusual punishment," noting its impossibility to correct (in cases of wrongful conviction) and its perceived "arbitrary" nature, as well as the scepticisms that it really would decrease crime rates. The Court also took into consideration that Parliament had already abolished the death penalty within Canada itself.
Miller and Cockriell v. The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so excessive as to outrage standards of decency" or "grossly disproportionate to what would have been appropriate." Justice Lamer, writing for the Court in R. v. Smith, went on to provide some guides as to how to measure proportionality, listing as special considerations the seriousness of the crime committed by the individual, the "personal characteristics" of the individual, and the various types of punishments available that could effectively "punish, rehabilitate or deter this particular offender or to protect the public from this particular offender."...
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