Cruel and Unusual Punishment – Section 12 of the Charter
Section 12 of the Charter provides that: “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment”. In order for a punishment to contravene s. 12, that punishment must be considered “cruel and unusual”. The leading Supreme Court of Canada case on the meaning of “cruel and unusual” is R. v. Smith, 1987 CanLII 64 (SCC). The criterion which must be applied in order to determine whether a punishment is cruel and unusual within the meaning of s.12 [...]