Does section 12 of the Charter protect against cruel and unusual punishment?
British Columbia, Canada
The following excerpt is from United States v. Fiessel, 2004 BCSC 64 (CanLII):
Similarly in Kindler v. Canada (Minister of Justice), 1991 CanLII 78 (SCC), [1991] 2 S.C.R. 779, the court held that the guarantee against cruel and unusual punishment found in section 12 of the Charter did not apply in the extradition context. It confined the reach of section 12 to the legislative and executive acts of Canadian governments.
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